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PIP Appeal
10 years 8 months ago - 10 years 8 months ago #124923 by Florence Cannelle
PIP Appeal was created by Florence Cannelle
Hello,
I'm due for a PIP tribunal hearing on Oct 20th. When I first filled in my claim and subsequently had my face to face assessment with Atos, I had absolutely no idea how the system worked and that I was "competing" against a point system to be awarded anything.
I unfortunately filled in my papers and went to the assessment with the view that it was a simple tick in the box exercise and an overview of my condition and how it affected me in general terms.
Little did I know that I was going to be under such scrutiny. I did not pay close attention to my replies. Furthermore at the time of the assessment I was struggling to accept my growing disability and its limitations and as a lady who has always been very independent I truly minimised and brushed over my struggles and difficulties, possibly out of pride. My question is: can I use this argument (no true reflection of my circumstances when assessed due to non acceptance of my disability) amongst other things to defend myself at the tribunal?
I know ignorance is never an excuse but .....?
Thank you for any guidance. The road has been very long. I first made my claim in June 2013 and it has taken over a year to get to go to an appeal hearing!!!!
I'm due for a PIP tribunal hearing on Oct 20th. When I first filled in my claim and subsequently had my face to face assessment with Atos, I had absolutely no idea how the system worked and that I was "competing" against a point system to be awarded anything.
I unfortunately filled in my papers and went to the assessment with the view that it was a simple tick in the box exercise and an overview of my condition and how it affected me in general terms.Little did I know that I was going to be under such scrutiny. I did not pay close attention to my replies. Furthermore at the time of the assessment I was struggling to accept my growing disability and its limitations and as a lady who has always been very independent I truly minimised and brushed over my struggles and difficulties, possibly out of pride.
My question is: can I use this argument (no true reflection of my circumstances when assessed due to non acceptance of my disability) amongst other things to defend myself at the tribunal?I know ignorance is never an excuse but .....?
Thank you for any guidance. The road has been very long. I first made my claim in June 2013 and it has taken over a year to get to go to an appeal hearing!!!!
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10 years 8 months ago #124924 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal
FC
Welcome to the forum
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?
Although the Tribunal Service is part of HM Courts and Tribunal Services, a tribunal hearing is not the same as a court case in a criminal prosecution, you are not a defendant and do not need to defend yourself.
The Tribunal panel will be looking at your case from scratch, so you can certainly explain that your answers on the original PIP2 form were the result of a misunderstanding of the way in which the benefit operates and other factors, but you will only be successful by showing that you meet the criteria for a PIP award.
This will be the result of two factors, you can make a new submission to the panel explaining how your conditions cause you to have care and mobility needs that you cannot meet on your own and secondly, your answers to their questions on the day of the hearing.
You have a limited time to provide a submission and any new evidence that you may have available, ideally it needs to be with the TS two weeks before the hearing and must be with them no later than 7 days before.
I would suggest that you go back to basics, start with our PIP Claim guides and for each question that you think you should score points for explain what you cannot do, why and how you would be affected if you tried to perform the activity.
One of the key things for PIP is that you should only be assessed on what you can reliably do.
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
The guides are available on the following link
www.benefitsandwork.co.uk/help-for-claimants/pip
You should have a copy of all the documentation that the DWP Decision Maker used when the looked at making an award this will include the assessment report, whilst you should concentrate on showing why you meet the criteria, if you have time it will help if you also explain why the observations in the report are incorrect.
If you have any questions on the above, please reply to this post and we will do our best to help.
Gordon
Welcome to the forum
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?
Although the Tribunal Service is part of HM Courts and Tribunal Services, a tribunal hearing is not the same as a court case in a criminal prosecution, you are not a defendant and do not need to defend yourself.
The Tribunal panel will be looking at your case from scratch, so you can certainly explain that your answers on the original PIP2 form were the result of a misunderstanding of the way in which the benefit operates and other factors, but you will only be successful by showing that you meet the criteria for a PIP award.
This will be the result of two factors, you can make a new submission to the panel explaining how your conditions cause you to have care and mobility needs that you cannot meet on your own and secondly, your answers to their questions on the day of the hearing.
You have a limited time to provide a submission and any new evidence that you may have available, ideally it needs to be with the TS two weeks before the hearing and must be with them no later than 7 days before.
I would suggest that you go back to basics, start with our PIP Claim guides and for each question that you think you should score points for explain what you cannot do, why and how you would be affected if you tried to perform the activity.
One of the key things for PIP is that you should only be assessed on what you can reliably do.
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
The guides are available on the following link
www.benefitsandwork.co.uk/help-for-claimants/pip
You should have a copy of all the documentation that the DWP Decision Maker used when the looked at making an award this will include the assessment report, whilst you should concentrate on showing why you meet the criteria, if you have time it will help if you also explain why the observations in the report are incorrect.
If you have any questions on the above, please reply to this post 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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10 years 7 months ago - 10 years 7 months ago #124976 by Florence Cannelle
Replied by Florence Cannelle on topic PIP Appeal
Thank you very much Gordon for your guidance. I have had all the guides from your site for a couple of months now and have explored all. I did work at my additional submission for the hearing over the weekend and posted it this morning.
Let's hope it helps.....
Will let you know the outcome after the hearing date of 20 Oct....
For info, if I get awarded a PIP, do they back date it to the day I first submitted the original PIP form?
Thank you pusscatsmum for your encouragement...I need to feel I'm not alone!
Let's hope it helps.....
Will let you know the outcome after the hearing date of 20 Oct....
For info, if I get awarded a PIP, do they back date it to the day I first submitted the original PIP form?
Thank you pusscatsmum for your encouragement...I need to feel I'm not alone!
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10 years 7 months ago #124977 by bro58
Hi K,
Yes, if this was a fresh PIP claim, any PIP award will be backdated to the time of your initial application, and any arrears owed from that time will be paid.
bro58
Replied by bro58 on topic PIP Appeal
Knelflo wrote: Thank you very much Gordon for your guidance. I have had all the guides from your site for a couple of months now and have explored all. I did work at my additional submission for the hearing over the weekend and posted it this morning.
Let's hope it helps.....
Will let you know the outcome after the hearing date of 20 Oct....
For info, if I get awarded a PIP, do they back date it to the day I first submitted the original PIP form?
Thank you pusscatsmum for your encouragement...I need to feel I'm not alone!
Hi K,
"For info, if I get awarded a PIP, do they back date it to the day I first submitted the original PIP form?"
Yes, if this was a fresh PIP claim, any PIP award will be backdated to the time of your initial application, and any arrears owed from that time will be paid.
bro58
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