Had my second tribunal but disagree

bev1811

Had my second tribunal but disagree with the daily living score as they don't seen to have taken in to consideration via my daughters help wash ,shower wash my hair and dress me if they had given points for this I would have got the enhanced rate but have missed out by 1 point is there anything I can do , such as ask them to look at the points issued.

Nairb

Sorry to hear that but think we're wasting our time I had tribunal hearing last week and the judge wasn't interested in what I said I knew I had lost my appeal within 3 minutes of going in I told the judge how annoyed I was at the assessment report has it was full of lies and that I had complained to atos about it but the judge was not interested I was on high rate dla on everything then it changed to pip and at my assessment I was only awarded standard mobility and nothing for care  hence I lost my mobility car but don't give up keep fighting it to the end 

whistles

Nairb said:

Sorry to hear that but think we're wasting our time I had tribunal hearing last week and the judge wasn't interested in what I said I knew I had lost my appeal within 3 minutes of going in I told the judge how annoyed I was at the assessment report has it was full of lies and that I had complained to atos about it but the judge was not interested I was on high rate dla on everything then it changed to pip and at my assessment I was only awarded standard mobility and nothing for care  hence I lost my mobility car but don't give up keep fighting it to the end 

They wouldn't be interested in what you thought about the assessor or the assessment.
This is your opportunity to prove and show you qualify for the award. 
The assessment is only a small part of the overall claim. 
So you show how where you feel you score points and why.

Geoark

Hello @bev1811 and welcome to the community.

The letter giving the decision should give you a number to call to request a Mandatory Reconsideration. Give them a call and request one explaining why. If this doesn't work you will need to go to tribunal to explain why you consider the decision is wrong.

As you know you were 1 point short have you seen the assessor's report? If not also request a copy. You will need this to dispute the points you have. There are plenty of posts regarding these two processes, and you can post your own questions to get help.

Geoark

Hello @Nairb

As @whistles said the tribunal would not be interested about the things you posted above.

While I agree with you about fighting until the end it needs to be done with the right tools. In this case it is about knowing the criteria, why you disagree with what the points you got and why you think you should have been awarded more.

They already know the system is flawed and most of the reports are not worth the paper they are written on, they just need the information to make the correct decision, none of which you mentioned above.

In terms of fighting in this case a precision strike is more productive than trying to deliver a broadside.

As you have been to tribunal I am not sure if you have any options at this point, but hope you get things sorted at some point.

Nairb

Thank you for your reply I have since put in a change of circumstances claim has I now have been diagnosed with having a minor stroke dropped foot and sciatica so let's see what happens now ?? All thw best to you 

Geoark

Hi @Nairb that is good to hear - that you have been able to put in a change of circumstances and a diagnosis.

Please remember though they are not so interested in the diagnosis and more in how this affects you from day to day. The criteria can  be found at https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

These are what you need to concentrate and focus on. 

I have long term sciatica, nerve damage in both arms, asthma, COPD but at this time I would not qualify for PIP. Relying too much on diagnosis would be a huge mistake.

Good luck.

Nairb

Why would you not qualify for pip I too have copd sometimes my sciatica is thst bad I carnt even stand due to pain I've just had a leg brace fitted at orthotics and I am under the pulmany team for my copd also the stroke team visit me every week to see how I am in fact they are brilliant I am now also experiencing bladder proplems and awaiting a bladder scan is it time to visit the knackers yard lol thank you for your reply