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Writing a submission for FTT
- snups
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6 years 8 months ago #219490 by snups
Writing a submission for FTT was created by snups
October 2018: is the Tribunal Success rate still approx 70%?
DLA Care was Middle: PIP 10 Points. DLA Mobility Enhanced: PIP 11 points.
I too am in the position of having to request a Mandatory Reconsideration and it has been 2 weeks or more since I have faced this but find myself totally unable to move forward. I am scared as I read all I think I need to and as I read it I totally understand what I need to do. Then 5 minutes later I totally forget. I am lost. I make copious notes but they just ramble on so are of no use when I have to produce details. My Health Visitor no longer there. Two of the doctors that I saw over last few years have both retired. Two GPs left and one has no time or interest, the second one I saw twice and each time as soon as my appointment starts she immediately and without discussion reduces my medication. No help from that quarter. There is just my Consultant at the hospital left and I have not approached him. I have isolated myself for a few years now from all friends and former work colleagues due to my lack of communication and no going out. So I see no way of getting help to move onto the Tribunal if my Mandatory Reconsideration fails and I am very worried as I will be 65 next spring.
DLA Care was Middle: PIP 10 Points. DLA Mobility Enhanced: PIP 11 points.
I too am in the position of having to request a Mandatory Reconsideration and it has been 2 weeks or more since I have faced this but find myself totally unable to move forward. I am scared as I read all I think I need to and as I read it I totally understand what I need to do. Then 5 minutes later I totally forget. I am lost. I make copious notes but they just ramble on so are of no use when I have to produce details. My Health Visitor no longer there. Two of the doctors that I saw over last few years have both retired. Two GPs left and one has no time or interest, the second one I saw twice and each time as soon as my appointment starts she immediately and without discussion reduces my medication. No help from that quarter. There is just my Consultant at the hospital left and I have not approached him. I have isolated myself for a few years now from all friends and former work colleagues due to my lack of communication and no going out. So I see no way of getting help to move onto the Tribunal if my Mandatory Reconsideration fails and I am very worried as I will be 65 next spring.
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- Gordon
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6 years 8 months ago #219503 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Writing a submission for FTT
A
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I've moved your post to its own topic, we ask members not to post their questions in other member's topics as it can lead to the wrong advice being given or taken.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I've moved your post to its own topic, we ask members not to post their questions in other member's topics as it can lead to the wrong advice being given or taken.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Orangeblossom
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6 years 8 months ago #219550 by Orangeblossom
Replied by Orangeblossom on topic Writing a submission for FTT
Just wanted to leave a little comment about it being not too scary and difficult to do the MR and appeal, in terms of the forms etc having done it before you can do a very simple 'please do an MR' letter and then state the simple reason for appeal in the appeal form, if that helps any. Kind thoughts.
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