PIP, DLA and AA
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Chances of winning a tribunal?

formydaughterformydaughter Member Posts: 7 Listener
edited November 2017 in PIP, DLA and AA
I have a 21 year old daughter who was starved of oxygen at birth has complex learning difficulties epilepsy blackouts and suffers with incontenence with her seizures. A reading age of 7.2years to 10.2 years dyslexic and left side weakness. Her dwp medical assessment ignored everything my husband said at assessment. Youd think report was done on another person. We didnt get letters telling us they stopped her money they sent it to a wrong address. We rang up with daughter present to get address sorted. They sent wring letter 2nd time we asked for mandatory reconsideration. They thrown it out even though privided detail of epilepsy reading ages ftom college. Sll detains of suported living and care as she lives in suported living. Our doctor privided a letter saying she believes their decision wrong due to her compkex learning diffuculties snd that she attends college with one to one to normalise her life. We have put in with cab help a tribunal appeal. Anyone know what are chances of winning in ttibunsl against dwp is tbe lists lots of laws in letter dont know what they mean.? Can any one help us?

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hello formydaughter and welcome

    It is good that you have the help of CAB for your appeal.

    Overall the success rate is around 65% oral hearings are more successful and paper based less so.

    PIP is more about functionality rather than condition, to understand a little more have a look at the B&W self test

    http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    Please do come back with any questions

    CR



    Be all you can be, make  every day count. Namaste
  • formydaughterformydaughter Member Posts: 7 Listener
    She had pip moved her to supported living in jan with esa shes at college purely to normalise her life. Its her ESA theyve stopped saying her assessment made her score 0 and shed fit to work. The details on medical report are incorrect said she lives in a flat that is non supported. Said many things she cant do but on report says she can. Have doctors letter saying shes not fit to work also epileptic with blackout being investigated as she keeps blacking out in day time. On report tgey say no fits or blackouts i just cant get my head around this. Without esa het housing benefit will be stopped she wont afford to get to college where at least shes safe.
  • formydaughterformydaughter Member Posts: 7 Listener
    Has pip i meant. Its the esa need to fight for. Thanks for listening.
  • Cressage56Cressage56 Member Posts: 1 Listener
    This is madness but do not give up!! . When putting your case think what issues she would have in a work place . The angle to use will be either regulation 29 or 35, - she maybe a danger to herself or others in a work place- due to seizures , however if she has warning of seizures and has the capacity to place herself in a safe place this may not work, a seizure diary may help, and note recovering time . 
    Learning difficulties may get points , do not give up, the tribunals are fair and they are independent from the assessor nd the dwp, benefits and work are great too, good luck!! Xx
  • formydaughterformydaughter Member Posts: 7 Listener
    Thank you she cant read or write properly college ssid understanding 7.2yrs to 10 years snd dyslexic she has no sense of danger or perception. We are trying to get police records to show this bit not sure how to get them. In her ladt supported living zhe rang police to report thst tbere were drug fealers on premisrs 3 time she called police and tbey brought her back to our. We have a housing letter saying they failed her. Eould tbis help our vase too. She has no perception of siuations or who to trust and whats appropriate? I appreviate your help. Thank you
  • formydaughterformydaughter Member Posts: 7 Listener
    Sorry about my typing.
  • formydaughterformydaughter Member Posts: 7 Listener
    She was also picked up with a friend when 15 by a man who said he was her friends grandad but she rang me telling me i got her out picked her up the police came next day and we id the man. Would this help prove our case. If so how can i get records of this. Can you help
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Have you tried doing the ESA self test for her ?
    It might be usefull to help understand how the system "works"

    http://www.mybenefitsandwork.co.uk/med2/indexxx.php

    If you can get trained help from CAB or similar it would be a idea

    CR 

    Be all you can be, make  every day count. Namaste
  • formydaughterformydaughter Member Posts: 7 Listener
    Thank you we will.
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