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PIP Tribunal
- stonermc
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9 years 8 months ago #140026 by stonermc
PIP Tribunal was created by stonermc
I have been transferred from DLA to PIP but after my assessment lost my Daily Living component.
On the DLA I was on the lower rates for both Daily Living (or care as it was) and Mobility.
After my assessment, I was awarded Mobility, standard rate but as I said, nothing on the DL. I wrote a letter giving evidence and reasons for my appeal. My mandatory re-assessment was done very quickly and seems to have a little tone of anger in it, it could be my reading of it. (I spoke to someone at the DWP, checking if my letter had been received, and they were surprised how quickly my letter had been documented and also responded to. He told me on the phone that a letter had been sent to me and that the appeal had failed. He was very supportive though. He suggested the next step and said a lot of people win their tribunal appeals) So I didn't win the first step but now I will be filling the form for the Tribunal appeal, which of course the assessor did not provide and it took me awhile to find online.
Btw, I'm also on ESA Support. I was awarded that a couple of months ago after being on incapacity benefit. I was surprised to be honest as my health issues are mainly anxiety related etc.
I have decided that to help with this, I had to subscribe to B&W for guidance and I have read some really useful information so far, for which i thank you.
My main query is at the moment, I wondered if it is okay, or suitable, for my sister in law to attend with me at the Tribunal? Someone will have to take me anyway but also, she knows my life better than any legal adviser would and the CAB no longer send reps to appeals or tribunals. So my sister in law would be a witness and my support on the day. Is this enough do you think? Would they allow her to sit in with me during the proceedings?
Sorry to ramble on. I appreciate any response. Thanks.
On the DLA I was on the lower rates for both Daily Living (or care as it was) and Mobility.
After my assessment, I was awarded Mobility, standard rate but as I said, nothing on the DL. I wrote a letter giving evidence and reasons for my appeal. My mandatory re-assessment was done very quickly and seems to have a little tone of anger in it, it could be my reading of it. (I spoke to someone at the DWP, checking if my letter had been received, and they were surprised how quickly my letter had been documented and also responded to. He told me on the phone that a letter had been sent to me and that the appeal had failed. He was very supportive though. He suggested the next step and said a lot of people win their tribunal appeals) So I didn't win the first step but now I will be filling the form for the Tribunal appeal, which of course the assessor did not provide and it took me awhile to find online.
Btw, I'm also on ESA Support. I was awarded that a couple of months ago after being on incapacity benefit. I was surprised to be honest as my health issues are mainly anxiety related etc.
I have decided that to help with this, I had to subscribe to B&W for guidance and I have read some really useful information so far, for which i thank you.
My main query is at the moment, I wondered if it is okay, or suitable, for my sister in law to attend with me at the Tribunal? Someone will have to take me anyway but also, she knows my life better than any legal adviser would and the CAB no longer send reps to appeals or tribunals. So my sister in law would be a witness and my support on the day. Is this enough do you think? Would they allow her to sit in with me during the proceedings?
Sorry to ramble on. I appreciate any response. Thanks.
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- Gordon
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9 years 8 months ago #140052 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal
stonermc
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
There should be no problem with your sister in law being with you at the hearing and they should be offered an opportunity to give evidence if that will help you.
Your job at the Tribunal is to show that you meet the criteria for PIP, so I would start by having a look at our PIP Claim guide on the following link, there are also guides to the Appeal process and template documents that you can you use.
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 explain where everything is
Welcome to Benefits and Work
There should be no problem with your sister in law being with you at the hearing and they should be offered an opportunity to give evidence if that will help you.
Your job at the Tribunal is to show that you meet the criteria for PIP, so I would start by having a look at our PIP Claim guide on the following link, there are also guides to the Appeal process and template documents that you can you use.
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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- stonermc
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9 years 8 months ago #140106 by stonermc
Replied by stonermc on topic PIP Tribunal
Hi Gordon, thanks for that, I have been reading the guides and they have been very helpful.
When you mention the Assessment Report, is that what the assessor writes at the actual assessment or their decision?
I did receive a letter telling me of the reasons and of my scoring. But I did wonder if I could ask to see what the assessor actually noted on her laptop during my assessment.
When you mention the Assessment Report, is that what the assessor writes at the actual assessment or their decision?
I did receive a letter telling me of the reasons and of my scoring. But I did wonder if I could ask to see what the assessor actually noted on her laptop during my assessment.
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- Gordon
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9 years 8 months ago #140116 by Gordon
The assessment report is produced from the information that the assessor inputs into the assessment program on their laptop/computer, you can request this by contacting the DWP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal
stonermc wrote: Hi Gordon, thanks for that, I have been reading the guides and they have been very helpful.
When you mention the Assessment Report, is that what the assessor writes at the actual assessment or their decision?
I did receive a letter telling me of the reasons and of my scoring. But I did wonder if I could ask to see what the assessor actually noted on her laptop during my assessment.
The assessment report is produced from the information that the assessor inputs into the assessment program on their laptop/computer, you can request this by contacting the DWP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- stonermc
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9 years 8 months ago #140138 by stonermc
Replied by stonermc on topic PIP Tribunal
I rang the DWP shortly after I posted and asked for a copy of the report, They said they'd put the request in but it could take a couple of weeks before I receive it.
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- Shaun
9 years 8 months ago #140161 by Shaun
Replied by Shaun on topic PIP Tribunal
I rang mind after finding there web site, they put me onto welfare rights. Due to the short notice of a second tribunal they didnt attend on the day but they did put all my paperwork in order and wrote my appeal for me after an interview; A member of the panel actually comented on it, saying it was a very good document!
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