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PIP appeal

Dot2710ken

Hi there.
I don't know where to turn. I have had my MR refused and am now taking it to appeal. I've tried my Local CAB to help with the appeal,however they no longer deal with them. I'm still waiting for my MR letter to arrive. Where can I find information in completing my appeal form please?

I'm so lost. Recent diagnosis of LC, POTS and Dysautonomia means I'm no longer able to do my beloved job and currently struggling with my redeployment role too.

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Comments

Adrian_Scope

Hello @Dot2710ken and a warm welcome to the community.
I'm so sorry to read your MR was unsuccessful. Unfortunately only a small percentage of MRs are successful but it isn't the end of the road and success rates at appeal are much higher.

We have some information on our website about appealing decisions and tribunals. If you're looking for direct help with your appeal you could possibly find an advisor such as a Welfare Rights group through Advicelocal.

A good first step is to make sure you have a good understanding of the PIP descriptors and which ones and points you are specifically appealing. Have you had a read through the descriptors?

Dot2710ken

I did when i did my MR. The HP even acknowledged in the assessment paperwork that i stayed i used an aid
, and that I stated that I was unable to do certain things. But because I could do other tasks, they didn't award me any points.

Dot2710ken

I'm ruminating now that I haven't out enough in my appeal paperwork.

bg844

Dot2710ken said:

I'm ruminating now that I haven't out enough in my appeal paperwork.

Please don't worry, when you eventually have your Tribunal you will find that they're quite understanding and will listen to your concerns with no judgement.

Albus_Alumni

I totally agree with @bg844, my tribunals were worlds apart from my assessments. I got lots of apologies from them too.

MickH

I was also refused at MR stage. So I took it to tribunal, in the interim I collected evidence including letters from friends who knew my position, I also looked again at the initial assessment almost word for word and corelated all this, such things as been told that using the sink as an "aid" to get out of the bath is acceptable, I even got a letter from a manufacturer of such stating he did not recommend using his products for such a purpose. The tribunal is a long wait & obviously the outcome uncertain, but use the time wisely & prepare yourself. Yes, I did win at tribunal, a Judge, a Doctor and a "disability expert" not sure unless you have a disability that you can be adjudged to actually be an expert, however, the former two were fine, this so called expert not so. It is a long process, but worth it. Good Luck.

Dot2710ken

My consultant has completed the questions that you can ask them to fill in. Regarding the PIP descriptors. He's emailed it to me.. can I email it to HMCT ? I've printed it off......but I'm worried that they might think I've forged it.

poppy123456

Dot2710ken said:

My consultant has completed the questions that you can ask them to fill in. Regarding the PIP descriptors. He's emailed it to me.. can I email it to HMCT ? I've printed it off......but I'm worried that they might think I've forged it.

I can't imagine why they would think you would have forged the letter...

Jimm_Alumni

They can't decide you've forged it without evidence of such.

Dot2710ken

Thanks for that reassurance..
I've got letters from my consultants, my best friend and my husband. Should I send information/evidence about my conditions? Such as medical information?

chiarieds

An email from your consultant that you've printed out will be absolutely fine, also consultant's letters. Do make sure that they're not just repeating your diagnoses, & are relevant to what's looked at with PIP.

Supportive letters from your husband & best friend, again will be good.

What a tribunal doesn't need is info about your conditions, as your diagnoses will not be disputed. A tribunal just wants to find out, on the 'balance of probabilities,' if you can 'reliably' do any of the 12 PIP activities/descriptors that are applicable to you, & how you're affected the majority of the time.

See more about the 'reliability' concept here: https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Dot2710ken

What happens when the deadline for the DWP to contact HMCTS, passes? I'm guessing there is some leniency?

chiarieds

You're correct; the DWP would be given more time by HMCTS. They will usually then respond, but sometimes a tribunal just proceeds if they don't eventually respond.

Dot2710ken

Thank you. I'm counting down the days to the tribunal. Now, I guess there's no point. Awful lot of waiting around. Feel like every aspect of my life has been in limbo since Dec.

poppy123456

You could be waiting several months for a hearing date so please be aware of that.

Before DWP respond they will review your claim again. Sometimes they may make an offer but it’s rare for them to do that.

Do you have something to keep your mind occupied while you wait?

Dot2710ken

I've got a few hobbies, reading and bookstagraming.

It's annoying how it takes so long.

The DWP deadline is Saturday.

Dot2710ken

Just had a phone call from a gentleman purporting to be from DWP. Asking either I had any other evidence I wanted to submit for my appeal. He said this was SOP for every appealing customer. They will send all Information to the Courts and ask them to set a hearing date.

I'm confused, anxious and worried.

Dot2710ken

*whether

poppy123456

Sounds like they are going to be sending their response, which is perfectly normal. You just need to wait for a hearing date, which could be several months.

Dot2710ken

Received the report from the DWP, I have no idea how they get away with stuff. Should I go through the report and highlight the inaccuracies?