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PIP taken from me after re assessment with physical ailment

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7 months 1 week ago - 7 months 1 week ago #289883 by SaltyPopcorn25
Always voice record! They can't lie otherwise, but let them know you are recording just before the interview starts.

Mods edit -yes definitely record for an assessment, but never for a tribunal hearing as it is illegal
Last edit: 7 months 1 week ago by LL26.

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7 months 1 week ago #289892 by Donagon
So I waited on the video call at the time that the tribunal was supposed to begin, I waited about 10 minutes extra, cautious thinking I’ve got something wrong, and why no one was popping through onto the screen. Technically I waited a full 25 minutes because I decided to get in there early.

They apologised for being late because they were discussing a particular issue of missing evidence from the results of a work capability assessment done by universal credit. Now I was accepted under the LCWRA in December, which is a whole separate story in itself because I asked that in November 22 and they told me to keep waiting throughout the year until I managed to get in contact with the health centre after about ten months, that do work capability assessments and they had told me that they were waiting for universal credit to pass the case through and so I had wasted 3/4 of the year waiting for something they hadn’t passed through, (after telling me to wait throughout the year every month, even when they made me do these restart schemes) and it eventually happened in December 2023 and I was put into that category.

The judge tells me that they need this, because the DWP hasn’t sent through the details of the WCA. I sent a page of the acceptance letter just to be transparent (although being transparent and honest, although over the past two years this seems to have done more harm than good)
Which I now regret because I feel like that could now come back and bite me in the backside. He mentioned, because, without or with (I’m not quite sure, my head is a mess) the information it could be biased towards Me, or the DWP in, if the assessor on the work capability assessment said I could walk a certain amount and it’s different to the pip one. I’m guessing it would be different, but I don’t remember. Even if it’s different aren’t they just gonna ask me that anyway? And regardless of what those results are, if they’re different, it goes against me, if it’s the same it goes against the DWP??

To be honest with you, it doesn’t make much sense to me, and after preparing mentally for this all day long, I feel deflated and quite frankly I’m fed up and I’m tired of all of this and I just I’m in a terrible mental headspace right now because I I’m questioning why I’m even doing any of this, and feel like I’m being set up to fail, which is what my original concern was in the first place, I’m kinda venting right now, but I feel i’ve already been slotted into a loss of a fight already. And I don’t really know what positive the future holds.

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7 months 1 week ago #289897 by KimABT
Good luck with your tribunal via video. Do let the forum know how you get on, it really helps to share the process.

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7 months 1 week ago #289919 by Donagon
Just posted above my friend ^^

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7 months 1 week ago #289920 by Donagon
Could I get a moderators thoughts on this? Please and thank you :)

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7 months 1 week ago #289921 by Gordon
D

OK. so I assume the hearing was adjourned for these reports to be made available to the panel?

From your post you have LCWRA was this based on your Mobility and more precisely the distance that you can walk?

PIP Mobility also considers the distance you can walk, in simple terms as the PIP Criteria is more strict, but there is some comparison between the two especially for a Standard award of Mobility.

Note this has no relevance to a PIP Daily Living award.

What the Judge is saying and I am using simple terms. If you have been assessed as being unable to walk 50m for your LCWRA award and 200m for PIP then it is reasonable to assume that one is correct and the other is not, they are hoping that the documentation that they have requested will make it clear which one is right.

Gordon

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

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