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pip again

100clive

well I stupidly beleved that if I told the truth all would be well

the assessor lied and manipulated my answers to the point as I lost my high award I was on dla high mobility now on std pip

I have asked for a recheck did not change

I asked for a tribunal and lost again I told the truth but still lost

now I am asking for the high tribunal we will see

the point is I need help I am not very well educated and all this is above my understanding

medically I am disabled -- various problems which was fine under dla which I was assessed several times

I have several heart problems I was born with a club foot and I have had several motorbike crashes that left me crippled

where can I go to get face to face help --I tried the c a b no venue suitable for disabled people with walking limitations -- no parking anywhere

hopefully clive

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Comments

Sam_Alumni

Hi @100clive Im sorry you are having such a tough time, are you getting any support with your tribunals?

CockneyRebel

Hi Clive
Sorry not good news. You can only apply to the UTT on an error of law and not because you disagree with the decision.
PIP is a benefit concerned with functionality and not so much about your physical, medical or mental condition.

How long is your award for ?

While you have an award in payment you cannot make a new application.

You can apply for a change of cicumstance if your condition has significantly got worse.

There are three main reasons why deserving people fail to achieve the award they deserve
1) They do not understand the criteria for PIP ie it is a test of functionality not condition. It is a points based system and you need to understand how the points relate to the various descriptors

2) Lack of relevant supporting evidence from GP, specialists and familly and friends.

3) where supporting evidence is submitted, often it is not presented in a way that is easy for the DWP and AP to understand. Sometimes to much evidence is submitted and the relevant facts are buried in what amounts to "War and Peace ".
and they will not be able to read it all and find the "gems" that are needed. Claims should be "idiot proof". Make it easy for the reader to find the facts. If necessary use bullet points and reference to the facts in your evidence

CR

100clive

I believe its the distance they say I can walk -- the assessor put down that I can manage 20 to 50 yrds --- I cannot do that I struggle to walk at all -- but they just wont listen

100clive

sam I have no help no I cannot find any one to help -- I am out of my depth with this that's why I lost I think ---

CockneyRebel

Walking distances are very dificult to prove and many assessors make assumptions which are difficult to disprove.

Unless you can prove a significant worstening of your condition or a new condition that has an effect on your ability, you are stuck with the award you have.

Not something I would normally say but I hope your award ends soon and you can start to prepare for round 2 with better knowledge and support from this site

CR

Sam_Alumni

You can call our helpline on 0808 800 3333 to speak to our advisors if that would help @100clive ?

100clive

as you can emagin I have lost a good portion of my income as soon as I get some credit on my phone I will contact you thanks I need help badly

poppy123456

As has been said the only way you can appeal to an upper Tire tribunal is if an error of law has been made in making the decision at the first Tribunal. This is extremely hard and almost impossible to prove. The chances of your request to the UUT being rejected is extremely high. You're better off accepting the award and putting in a change of circumstances at a much later date, and going through the whole process again. Bearing in mind if you do this you can lose everything you already have. PIP and DLA are totally different benefits with totally different criteria.

Matilda

@100clive

You would need legal advice as to whether the first tribunal made an error of law. As @Sam_Scope has said, the advice line might be able to advise you about pro bono legal services in your locality.

BenefitsTrainingAgency did post about a woman who won an upper tribunal because the first tribunal had assumed that, because she lived half a mile from her GP surgery, then she must walk there - whereas she said her husband would drop her off and pick her up. And because she had been on a caravan holiday the first tribunal assumed she must be able to walk OK.

It was the assumptions that were an error of law. You should consider whether the first tribunal made assumptions without evidence about your abilities.

100clive

can anyone answer if they take in to consideration pain and discomfort in there assessment and shortness of breath due to angina also physical injury's

thank clive

thanks for the photo award and the fish said thanks to he is called napoleon

Matilda

@100clive

I think you should ask in Ask a benefits advisor category and get the opinion of a benefits expert.

CockneyRebel

You are not required to complete any activity without pain or discomfort, but the pain and discomfort is taken into consideration when applying the reliability factors
Safely
Repeatedly
In a timely manner
To an acceptable standard

So, if your pain and/or breathlessness mean that you would be unsafe ie. risk of falling. If you could not reapeat the activity without a significant rest or If you took twice as long as an able bodied person to complete the task, then these must be taken into consideration

CR

100clive

well on my opinion this was not taken into concideration then I have a heart condition that leaves me breathless with any movement I am 27 stone and you can emagin it takes a lot to move my bulk around also I have a crippled foot which hurts so much it makes me cry with the pain just sitting doing nothing on nthe day I went to court I took so meny painkillers I was doped out my head I told the judge that to --I have sent a request for the reasons I was refused my claim

100clive

o and to top the lot I recived a urgent letter asking me to come back to hospital for further tests about the other heart attack I had 10 weeks ago

100clive

I have been reading thru some of the posts - and I see that there assessor has taken into concideration of the amount of pain the person is in when walking -- I don't think my assessor did this nor did the tribunal judge has anyone got any ifo on what to do ----also been and seen my heart condition consultant she says its got worce but I am untreatable because I am over the weight (fatty ) limit for treatment

poppy123456

I strongly advice that you get some specialist advice about this. Finding an error in law is extremely difficult. It's not about what the assessor did or didn't do now, it's about the Tribunal.