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TOPIC: PIP Appeal

PIP Appeal 4 days 19 hours ago #237300

Hello . Unfortunately my MR decision has not changed anything I have still been awarded 11 and 10 points for daily living and mobility respectively .
I do not know the procedure for Appeal . Are there any solicitors to help with grounds of Appeal and representation
The decision letter states the request and new evidence was again sent to health professional.
can I request a copy of new assessment report by a HP .
Can I request a copy of GP's reply to PIP questionnaire if they had sent one to DWP after the original decision ? to see if considered in MR by DWP and use it in my appeal if I can . Can I ask my NHS Consultant Psychologist whom I have seen subsequently, to do a supporting letter confirming contents of depression, Anxiety , panic attacks and overwhelming psychological distress as were reported in earlier submitted GP report. ?
Please help . Thanks and regards
Zaib

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PIP Appeal 4 days 19 hours ago #237303

HI Zaib

There is no legal aid funding for challenging PIP appeals so if you find legal representation this is something you would need to fund yourself. You would have to do a search for suitable solicitors in your area.

Re - new assessment report. There isn't a new report - there is only the original one that was done with someone endorsing the decision.

Re: GP's letter. It would be easier for you to request a copy of the letter from your GP. The DWP will not send out a copy of a letter, although it should be included in your evidence if you go to appeal.

Re: NHS Consultant Psychologist - You can ask for a supporting letter as long as you were waiting to see them at the time you put in the claim, or they won't count the evidence.

You can find all the information how to appeal - from our appeals guide - called Guide to PIP Appeals. It's about halfway down the page.
www.benefitsandwork.co.uk/help-for-claimants/pip

BIS

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP Appeal 4 days 11 hours ago #237339

Thanks , BIS . Re: NHS Consultant Psychologist -
Precise situation is that I had a letter from a mental health doctor from IAPT and GP letter stating mental health difficulties before I sent back AR1 but HP reported no mental health specialist input yet.
I got referral to NHS Consultant Psychologist before HP home visit for F2F. I was then waiting for an appointment it is recorded in HP report that appointment is awaited .
Later on I had appointments before a decision on MR but I had got no Psychologist letter except one recommending housing on psychosocial reasons . I did not send it to PIP DWP.
I can request one for PIP issues as well , at next week appointment if it will still be relevant evidence at appeal .
GP practice has just given me a copy from their record of GP reply to PIP questionnaire they had sent back to DWP. I dont know if it is a formal document presentable by me in Appeal.

Re new assessment report . I wanted to know reasons for not accepting further medical evidence submitted with MR request. But if I cannot request its OK

Kind regards
Zaib

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PIP Appeal 4 days 11 hours ago #237340

zaib

If you appeal then you will receive a copy of all the documents used in the making of the Decision, so if there ones like a report from your GP or additional comments by the assessor then these will be included.

You can submit new evidence and testimony for the appeal providing it is relevant to the date that the Decision was made.

Gordon

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PIP Appeal 20 hours 8 minutes ago #237459

Thank you so much, Gordon, I will wait to receive the DWP bundle to see if any evidence like GP reply to DWP questionnaire was not taken into account even for MR .I hope I have right to get a copy from my GP record . I can then take from there even if I decide to do a paper appeal I hope I can do an addendum with it .
I need advice please I am seriously thinking of only paper appeal . Are there any advantages in appearance in tribunal ?
Basically I would rely on medical evidence /interpretation of medical evidence already submitted . Most of my difficulties are physical from a complicated chronic medical history including a weak right arm from cancer surgeries . But I have developed mental health difficulties always in pain . My main challenge would be HP assessment / DWP decision does not agree I had any symptoms of anxiety , depression , dizziness , panic attacks so the report from a NHS mental health doctor of depression and anxiety ignored .Moreover HP states GP reported anxiety , depression panic attacks , confusion are NOT OVERWHELMING PSYCHOLOGICAL DISTRESS . Though HP adds in report that a referral to Psychiatrist has been done but an appointment is awaited so as yet no input from a psychiatrst /specialist .
Subsequently when my MR was still pending over 7 weeks I di have 3 appointments with Consultant Psychiatrist I have been identified to have mental health difficulties particularly from post cancer psychological trauma . I hope I can request the Consultant to do a report that vets the already submitted GP report and a mental health doctor report so it should be relevant evidence . On this basis /evidence I am thinking of a paper Appeal as
my challenge would concentrate on a very few points as a cummulative effect of some mental health difficulties and evidenced physical disabilities . My objective is to
1) gain 1 more point for need for prompting , supervision or assistance to manage home therapy ( I have 1 for need assistance with medication )
2) to gain at least 1 more point I need assistance to get in and out of bathtub with shower fitted in. with arthritis in joints and back problem I have balance issue and dizziness side effect from medication ( must take it always for neuralgic pain )
I am always in pain in some part of my body . My mental health diffulties aggravate likelihood of a fall ( I had serious falls ) but being on asprin I am high risk any minor head injury can be life threateing . In my mental and physical condition it may be advised by a dctor that I must seek assistance getting in and out of bath. I hope to get a letter from Psychiatrist .
3) My post cancer surgeries weak right hand has not been fully factored in to give me 2 more points for need of assistance to prepare / cook food. I have only 2 for need aid or appliance I had 2 points even before further weakness in right hand .
4) If the Psychiatrist agrees with GP report my anxiety , panic attacks , confusion can be taken as overwhelming psychological distress stopping me going out alone I may get at least 4 points for Going out activity . I dont want to challenge the moving about part though a wheel chair user I am not totally immobile so 10 is reasonable at the time.
I have 11 points in living activities and 10 in moving about part of mobility .
The people on this forum give a truely valuable solid advice . I have tried in the last week to find a knowledgeable solicitor but .struggling ................

Kind regards
Zaib

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PIP Appeal 17 hours 17 minutes ago #237472

zaib

I'm not sure what questions you are asking, if any, in your post so I'll just answer the one that I'm sure you have about the differences between a Paper and Oral appeal.

First of all, you can opt for an Oral hearing and then change to a Paper hearing at any time including the day of the hearing.

Statistically, Paper hearings are less successful than Oral hearing, this is almost certainly because the panel are unable to question the claimant, however, attending especially on your own will almost certainly undermine any arguments you might want to make in regard to Social Phobia or Agoraphobia.

You need to be organised for an Oral Paper hearing as you will only have one month from the date of the DWP's submission for the Tribunal Service to receive any new testimony or evidence. For an Oral hearing, you can submit information up to a couple of weeks before the hearing.

You will not be told when a Paper hearing is scheduled for, you will just receive the Decision Notice.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.
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