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Entitlement for pip and medical evidence

alisha22
alisha22 Member Posts: 320 Pioneering
edited October 2018 in PIP, DLA, and AA
How do I know if I'm entitled as I thought you had to be properly disabled to be able to get pip. I dropped a boiling kettle twice last week, and at times leave the cooker on with a dish cloth on  (electric cooker ) when I see sharp cutlery and have had a bad day due to my mental health issues feel like harming myself so these are kept away and am supervised. Yet the assessor from capita feels I'm independent and can do all by myself so was denied pip with 0 points given so was the mandatory decision 0 point so why would tribunal be any different.
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Comments

  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,622 Pioneering
    alisha22,

    Tribunals are independent of the DWP. They have lots of experience of inadequate assessments and are much less likely to take the Capita assessment at face value. If you have other medical evidence, and simply strong consistent evidence of your own (such as a diary as to how often you have accidents etc), then this should be taken into account by the tribunal. Unlike the DWP, the tribunal has to give reasons if it decides not to rely on your evidence, and has to explain if it decides to give more weight to the assessment.

    I can see from what you say that a lot of the activities pose a risk to you. The risk only has to be something that should reasonably be avoided for you to get points. If you have done the PIP self test and believe that you should get enough points to get PIP, then I would encourage you to appeal.

    It really is worth it. Lots and lots of people have been successful at tribunal. The statistics show this, as to the stories of many people on this forum. 

    If you can get help locally with the appeal, even better, but don't worry if you can't - tribunals are used to seeing unrepresented claimants. You could take a friend or family member with you, and/or one of the people who supervises you at home in the kitchen or elsewhere.

    The first step though, if you haven't already done it, is to use the self test to see if you should get at least 8 points.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • alisha22
    alisha22 Member Posts: 320 Pioneering
    Thanks will, I did do the self pip test infact my daughter also did one for me separately and and each time it showed as me being entitled to pip enchached rate for daily living and mobility too. Yet the assessor lied so much and that not only hurts but gets me very angry that a professional can make up such lies. But thank you for the advice, I will speak to CAB and gather as much as I can myself.
  • alisha22
    alisha22 Member Posts: 320 Pioneering
    Hello everyone just received acknowledgement of my pip sscs1 form been received by the courts, a week after been sent. I don't have a representative and only hoping this don't matter. They did say if the venue is far they will make arrangements for it to be held at a nearest on by me in Birmingham, so that's good to hear. I only hope by not having a representative may affect my case.
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    Thanks for updating us @alisha22, and all the best for your appeal. If there's anything we can offer guidance on, do let us know.
  • alisha22
    alisha22 Member Posts: 320 Pioneering
    Thanks pippascope, well actually I'm a bit confused as to what to do when it comes to gathering evidence. I was told they don't look at the new evidence only what was sent at time of appeal for MR and how I was at that period of time. Would I need to send a  new letter from gp or use the one she did for me when I requested the MR stage same with physio letter. Additionally I have hospital appointmentstaff,  MRI scans for knee as well as seeing my mental health doctor. Would these be useful.
    .
  • CockneyRebel
    CockneyRebel Member Posts: 5,212 Disability Gamechanger
    Hi alisha

    Do not panic, there may or may not be a representative in your area, I am sure that @mikehughesesq will have something on that

    However many people do sucessfully win their appeal with no representation.
    Sometimes the CAB will help with preparing your submission

    New evidence is not necessary, but if you can get relevant evidence that relates to the time of your assessment it may help.

    You should soon receive a bundle of all the evidence used by the DWP
    You should check this and make sure any evidence you have supplied is present.
    The problem usually is not the ammount of eveidence but the way it is read ( or not )
    When you prepare your own submission using the bundle you must lead the reader to the exact page and paragraph that shows you meet the descriptor. Make it idiot proof

    CR
    Be all you can be, make  every day count. Namaste
  • alisha22
    alisha22 Member Posts: 320 Pioneering
    Thanks so much pippascope. Your advice is much appreciated.
  • alisha22
    alisha22 Member Posts: 320 Pioneering
    Thanks cockneyrebel, I will try to contact CAB and see what can be offered to me to help me prepare for my tribunal. Thanks again.
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    @alisha22

    I had no rep at my PIP tribunal hearing, and many other members have reported the same.  We won our appeals.  I was awarded enhanced both components, up from standard both components.  In other words, it is not necessary to have a rep to win a tribunal appeal, if you are unable to find one.  The panel will expect the appellant to answer most, if not all, of their questions anyway.

    I prepared my appeal submission and for the hearing by using:

    Disability Rights UK site advice on PIP
    Disability Rights Handbook
    Advice from various Scope benefits advisors (especially from @Debbie_Scope)
    Advice from many Scope online community members

    Possibly the most important point to remember about PIP appeal hearings is that they are inquisitorial.  Have your wits about you. The panel might well grill you to establish the facts.  Don't get rattled by the questions and stick to your grounds for appeal.  For example, if you can't walk farther than 20m before you need to rest, don't let the panel try to lead you to say that you can walk farther.  They are challenging you to see if you waiver from your submission.

    If they ask for how long you can walk, not how far, say it takes you X seconds or minutes to walk Y meters.  Never just give a time.  One or two minutes might not sound long but many people can cover quite a distance in that time, so the panel might think that you can as well!  Always relate time to distance.


  • alisha22
    alisha22 Member Posts: 320 Pioneering
    Thank you matilda for your kind advice. I've stopped panicking now regarding the representative now. And yes I will get advice from scope members etc. Matilda just how long did your appeal hearing come thru?
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    Hi Alisha

    I waited 5.5 months in London for my hearing which took place May 2017.  But waits can be longer now because so many more people are appealing.
  • alisha22
    alisha22 Member Posts: 320 Pioneering
    Cheers matilda, well I suppose it gives us time to prepare at least. Did you send any new evidence and if yes what sorts of evidence was it. Sorry for throwing questions at you, I get nervous and don't want to make it any worse.
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    Hi Alisha

    I sent in references to the DWP PIP Handbook and legislation relating to walking distances.  But then I read a post by a @BenefitsTrainingCo solicitor which stated that tribunals already know the legislation and they are only interested in what the appellant can and can't do.

    I had no new medical evidence as of course neither my GP nor my consultant know how my conditions affect me on a daily basis.  The only medical evidence I had was from 1998 when I first claimed DLA.  Of course this evidence was very good because the reports had been completed by a trained DWP appointed doctor and my own GP.  Unlike my PIP assessment report completed by an Atos paramedic!
  • alisha22
    alisha22 Member Posts: 320 Pioneering
    Oh okay thanks for that info. I got my gp letter and physio letter which I used for the MR stage. Do you think this will be okay for the hearing as well. I have been also told you have to measure distances not by seconds or minutes, is this correct.
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    Yes, send in the GP and physiology letters.

    Points are awarded for distances, e.g. 0-20m, 20m-50m.  But, frankly, tribunals might try to catch you out by asking for how long can you walk.  If you say you  can walk for 1 or 2 minutes this could mean you could walk 100m or 200m as some people can.  But it could also mean it takes you 1 or 2 minutes to walk 20m or 50m.  

    So never give a time without giving the distance as well!
  • alisha22
    alisha22 Member Posts: 320 Pioneering
    Okay thanks so much matilda.
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    You're welcome, alisha.
  • alisha22
    alisha22 Member Posts: 320 Pioneering
    hi all,  well I received my bundle from dwp today. I'm a bit concerned that dwp have suggested to the courts that they dismiss my case. They said I'm on a low dosage for antidepressants etc etc. They stated the so called health professional wrote in her report she did muscular activity with me but no exercises took place. Dwp have made a case for themselves and I feel I will break down at the tribunal and make myself look like I don't deserve pip, having this bundle has thrown me a little as dwp sound so convincing so how do I prove them wrong. Help!!
  • CockneyRebel
    CockneyRebel Member Posts: 5,212 Disability Gamechanger
    Hi alisha

    It is standard for the DWP to ask for the claim to be dismissed.
    The tribunal will look at all the evidence without the bias of the DWP.
    Although the descrepancies should be addressed, this will not win your award.
    Take each descriptor one at a time and reference it to the page and paragraph of the bundle, using the hand written numbers on each page, to show that you meet the descriptor
    If you have further evidence,you should attach to the back of your submission, with your name, NI and a page number and reference as above

    make good use of the reliability factors that are often overlooked by HCP and DM

    Keep a daily diary,   of how you are affected

    If possible get help from CAB or similar

    Also have a look at the great info on here about appeals

    CR
    Be all you can be, make  every day count. Namaste
  • alisha22
    alisha22 Member Posts: 320 Pioneering
    When do I have to send my submission form in by, and thanks for the kind advice.

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