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Pip tribunal

mssissippi1952
mssissippi1952 Member Posts: 23 Listener
hi I've just sent the appeal form off to the tribunal,I was awarded daily living standard,but no mobility,I'm now worried they might remove it,I have asked for a oral appeal,is it to late to change it to a letter appeal,I don't have much evidence to submit,thank you for your help

Comments

  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi mssissippi1952,

    It's usually much better to have an oral appeal if you can - the tribunal will be better able to come to the right decision if you attend and can put your case forward. Evidence can include your own experience - it may be helpful to do things such as keep a diary, so you can see what problems you have moving around, and how often. Of course, medical evidence is even better, if you have it.

    If you are worried about the tribunal removing the daily living element, I don't think having a paper appeal takes away that risk at all. The only way to complete remove the risk is to withdraw your appeal.

    If you do want to change to a paper hearing despite this, then yes, you can ask the tribunal before the hearing date. But if you don't have much evidence, a paper appeal sounds a lot riskier to me than the oral hearing you've currently got. Of course attending the hearing is nerve-racking, but you are more likely to be successful.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    Thank you very much will,I've had the mandatory appeal and they've still offered standard living,can they still take it away at the tribunal even though the mandatory still offered it

  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    Hi @mssissippi1952 Yes I'm afraid they can, that would make no difference. If you look at what you got the points for on Daily Living and how they came to that decision, how strong was the evidence for this? Bear in mind that 2 decision makers and I assume the assessor all agreed you were entitled to this so that might help you to decide whether to take the risk of losing it. Also how strong is your case for increasing the Daily Living or getting some Mobility? If you're still struggling is there anyone who could help you to decide? Can you get more evidence? Surgeries can print off information from your medical records or letters from Specialists as they write to your Doctor after your appointment. Relatives or friends can write on your behalf and you can send this in to the Tribunal. If you lack medical evidence private treatment with someone who specializes in your condition or Occupational Therapists reports after a home assessment of your needs are also accepted. Lots of options there for you to strengthen your case. 
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    Thank you so much
  • sarahann
    sarahann Member Posts: 1 Listener
    Hi i had a tribunarel 2 weeks ago and i was awarded Daily Living at the standard rate how long does it take for P.I.P to start makeing payments.. thanku
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    Hi I've read on a ndcs website at the pip tribunal the judge may give you a few minutes to decide if you want to carry on with the appeal as you may lose what you have is this right please 
  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    [email protected], From what I've read on here including the benefit advisor's advice they do sometimes adjourn to give you the option of pulling out and sticking with what you've got but not always. If they decide that in their opinion you shouldn't have been awarded what you've already got they can change it and that's binding which means there's nothing you can do. You would have to start from scratch and reapply after a certain amount of time otherwise your claim would be rejected. But this is the absolute worst case scenario. I suggest as before you base your decision on how strong a case you've got and get expert advice if you need it..
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    Thank you wildlife,it would be to late for me to try again I'm 65 in September 
    im going to ask my doctor for any help she can give other than that there's only my daughter who helps me daily thanks for all your help
    this is a great website I wish I'd known of it before I started this
  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    [email protected], Have you had your Mandatory Reconsideration and did they keep it the same as the 1st award? You can still get them to look at your claim again if you ring and ask to speak to a case worker you can ask if they'll have another look if you send more evidence and another letter saying why you don't agree and why it should be increased. If you do that get a timescale and make a note of the name of who you spoke to, the date and time. You can still carry on with the appeal. It sounds like you haven't got a lot to lose by pulling out all the stops now. After 65 if you're not on DLA or PIP you can claim AA Attendance Allowance. It would have to be after Dec 2017 as you have to be disabled for 3 months after your 65th Birthday. I'm not sure if it would go against you if you've ever been turned down for a disability benefit. This would be if you did lose what you've already got. You'd have to ask advice about that.
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    Hi,wildlife yes I've had my mandatory reconsideration appeal,it said we can't offer any mobility but are still offering the standard daily living,I sent the ssc1 form along with a letter and a letter from my daughter to hmrc in Bradford for the court appeal I don't know if they will contact the dap again or I will just get a date for the hearing thank you for your kind advice
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hello. It can be helpful to get some face to face advice when you are preparing for an appeal, so it might be a good idea to contact the Scope Helpline on 0808 800 3333. They may be able to direct you to a local advice centre who can help with this. As previous people have said, it's very useful to be able to try and get some supporting evidence from a medical professional, such as your GP, consultant or therapist, who can pinpoint which activities and descriptors apply to you - it's all about concentrating on where your points are going to come from! I agree with Will that even though a face to face hearing can be a bit daunting, these types of hearing usually have a better outcome for the person claiming than paper hearings do as you get the time and opportunity to put your case properly. Good luck.
    Jayne
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    Thank you Jayne,I'm more confused than ever my local cab gave me the phone number of a welfare person,he said to me as I filled my own form in he was very surprise I was awarded anything and even more surprised they didn't take it away after the mandatory 
  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    edited April 2017
    @mssissippi1952 I don't like the sound of that. I filled in my own form and got offered standard rate in both and the MR didn't take it away. Sounds like he thinks no-one is capable of dealing with PIP without help, preferably his! I suggest looking elsewhere if you need help. I rang DWP today and they're doing everything they did for the MR all over again because I complained to ATOS, spoke to a DM about what I disagreed with and sent another letter and more evidence. I know this isn't how things are supposed to be done but it worked for me..  
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    Thank you wildlife 
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hello @mssissippi1952 I agree with Jayne and Will that getting some specialist advice is a good idea. I would be reluctant to continue to appeal without a specialist advising to do so. This is because although it is rare you can come out with less than you go in with. Tribunals will usually give you a warning if they are considering reducing the award but there is more of a risk without specialist support.
    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    Thanks David,can they take it away before the tribunal,or if need be for example could I I cancel my appeal say a week before the tribunal,in other words after the mandatory I'm still getting standard daily living could they stop it now before the tribunal 
    thank you
  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    @mssissippi1952, If you think about what is actually happening that you've been awarded standard rate DL by one decision maker and the same by another decision maker at the MR stage and now you've applied for Appeal so unless you've asked them to look at it again before the appeal then they won't change it now because they're not even looking at it. If you've asked them to look at it again, although technically they could review the whole thing it's not likely they'll change what 3 separate people, that's including the assessor, have said you're entitled to. I've got more to lose than you as I've been awarded standard in both but I'm not at all worried about losing it because I know I have a strong case for at least what I've got. However I also have conditions that have been overlooked that apply to activities I was awarded 0 points for and that's what I'm thinking about. Try not to worry and focus on what you know you're entitled to. 
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    Thank you wildlife 
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    Hi wildlife great you won your appeal so happy for you 
    i was looking at my award today never noticed before although they only gave me standard daily living I did get 4 points for mobility although not enough at least some points 

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