Going to PIP Tribunal

Caval1er

Hi All, upon review this year the Mobility Component of planning and following journeys was removed. I asked for an MR and the DWP have stuck with their decision.  I am going to Tribunal as I do not agree with their decision.  I've reached out for help from a citizens advice welfare advisor, they have advised not to write a submission and to just provide a very brief explanation of why I don't agree with the decision, which is that if anything unexpected happens before leaving the house or during a journey I will have an autistic meltdown qnd will have to call mental health team for prompting and isupport, as I cannot cope with anything outside what I had expected to happen. Then, please refer to evidence enclosed (about 6 letters from psychologist, therapist, gp etc all answering each PIP question detailing my problems with planning and making journeys. They advised against writing anything more, as not necessary because I have so much evidence and we don't know what they've received from gp and that we will write a submission later once we get the document pack from dwp if needed. Advised no need to challenge the decision makers reasons for refusing it, or their inconsistencies in their report because the Tribunal judge isn't interested in that. Now, I also reached out to Social Prescriber at GP surgery who has experience of PIP appeals and he agreed with CAB. I had also reached out to a no win no fee charity who I spoke to this morning, they have disagreed and say I need to challenge all the dwp decision makers reasons for refusing and also asking things like how or why they think I am now better. I'm full of anxiety now as I don't know which route to take... could anybody advise? I know this may seem a bit OTT to keep searching for the right answer, but im very anxious and desperately want to get it right... would love your opinions please. Thank you!

poppy123456

This is the problem when you ask too many people for advice. I couldn't disagree more with the person from no win no fee charity. Not really sure how they can call theirself a charity when they charge for the help they give. I'm totally against those that have the nerve to charge people when there's advice agencies out there that will help you for free.

I wholly agree with CA and what they advised you to do. Concentrate on the weakness in your evidence and not the strength of their's.

Caval1er

poppy123456 said:

This is the problem when you ask too many people for advice. I couldn't disagree more with the person from no win no fee charity. Not really sure how they can call theirself a charity when they charge for the help they give. I'm totally against those that have the nerve to charge people when there's advice agencies out there that will help you for free.

I wholly agree with CA and what they advised you to do. Concentrate on the weakness in your evidence and not the strength of their's.

Thanks! I don't understand what you mean by concentrate on the weakness in your evidence and not the strength in their's? Can you explain differently please?

poppy123456

Meaning, don't focus too much on what they've said in the dcecision letter and the report. It's fine to point out some obvious errors or contradictions then put it to one side and forget about it. I also agree that the submission can be done at a later date.

For your evidence, less is often more. Sending multiple pieces all saying the same thing isn't helpful.

Caval1er

poppy123456 said:

Meaning, don't focus too much on what they've said in the dcecision letter and the report. It's fine to point out some obvious errors or contradictions then put it to one side and forget about it. I also agree that the submission can be done at a later date.

For your evidence, less is often more. Sending multiple pieces all saying the same thing isn't helpful.

Thank you I understand now. We haven't pointed out any errors or contradictions in the Appeal document but I did in my MR request document. Will the tribunal get a copy of my MR document? I'm wondering if they do then I should I just leave the Appeal doc as is,very simple and then they will read my MR document which has a lot more detail in it? The CAB guy said no need to send the MR letter or anything other than the Appeal document and the evidence.  Thanks again Sue 

poppy123456

Yes, they will receive a copy of everything you sent, including the assessment report, PIP form, any extra evidence you sent, as well as the MR request letter. You will then receive everything as well in the "bundle"

If you've already done what you should have for the MR then there's no need to repeat everything again.

Sounds like to me that you have a good adviser with CA.

Caval1er

poppy123456 said:

Yes, they will receive a copy of everything you sent, including the assessment report, PIP form, any extra evidence you sent, as well as the MR request letter. You will then receive everything as well in the "bundle"

If you've already done what you should have for the MR then there's no need to repeat everything again.

Sounds like to me that you have a good adviser with CA.

Thank you! I feel a bit more reassured now. I will stop looking for answers elsewhere and try to put my confidence in the CA advisor...

Caval1er

Just to update for others reference. I received a phone call from dwp before tribunal. They offered to reinstate what I had lost, the CAB advisor had suggested he thought I should be on higher rate mobility, I put that to the advisor on the phone call, they said no, I became very upset and they changed their mind and agreed to higher mobility too. Just want people to know, that it is absolutely worth challenging their decisions. Thanks again to those who gave me advice!

Jimm_Scope

https://forum.scope.org.uk/discussion/comment/911933#Comment_911933

They knew they would lose and tried to get you to accept a lower offer. They hope people will give up and worry about the tribunal not going there way. I've never heard them making an offer where they didn't think they would do worse at tribunal. Why else offer it? I'm glad you had the CAB advisor there to tell you to stick to your guns.