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TOPIC: Tribunal - WON!

Tribunal - WON! 1 year 7 months ago #187786

The £20 for the guides is the best £20 I have spent! Thank you for writing them.

ATOS assessment for PIP gave 2 points for living for my son and none for mobility for him.

The final consideration before it went to Tribunal said:
"I've considered all the available evidence"
"I oppose the appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of State's decision".

At the Tribunal we didn't have to wait long for the decision - they said:
'When we got to 13 points we stopped considering the descriptors as we had enough', so they gave the higher level for living.
They also gave 4 points for mobility.

We gave two very tiny new pieces of information today, together with a 2 page document I compiled (which took me a long time to do) that listed key areas for the Tribunal to look at, so in fact referenced all the evidence already given.

I am so disgusted and angry that my son had to endure what he had to do today and it had to get this far when he had already produced more than sufficient evidence for a PIP award.

The ATOS PA4 assessment was the only evidence it seems they looked at because the inconsistencies were so glaring across the board.

My son was going to give up I am sure of it if I hadn't stepped in and helped.

Thanks to your documents I was able to produce a very short summary with areas I felt the Tribunal needed to be directed to as key points
Together with their questioning of my son, who I helped with going through and assuring him that what he already given was enough, and was then able to justly award PIP.

We really feel this is a shocking set up that someone got only 2 points and had to endure months of this to be awarded it at the Tribunal.
The following user(s) said Thank You: alzon , ivyfox

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Tribunal - WON! 1 year 7 months ago #187789

Egrion

Very pleased to hear about the appeal, well done.

Gordon

tags: @RESULT

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

Tribunal - WON! 1 year 7 months ago #187794

That's great news! Thanks for letting us know and for your kind words about B+W :)

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

Tribunal - WON! 1 year 7 months ago #187935

My son's condition has deteriorated since the first assessment, should he report that? And will he have to go through a new assessment even though he now has the higher rate for living. Not looking to get an award for mobility

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Tribunal - WON! 1 year 7 months ago #187949

In theory, claimants should notify all changes to DWP. In practice, DWP are more interested in hearing about changes that would allow them to reduce the amount paid, rather than things that would increase payments!

Notification of change of circumstances could lead to another PIP2 form to complete +/- another face2face assessment. If you don't expect to gain from this, you might feel it is better to 'let sleeping dogs lie' rather than telling DWP about the deterioration.
The following user(s) said Thank You: Egrion

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.
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Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke