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markyboy Member Posts: 367 Pioneering
edited May 2018 in PIP, DLA, and AA
When i first applied for pip in July 2014 by the time of my assessment by Capita in October 2014 i was in hospital and was allowed out for 3 hours to attend my home visit and was awarded standard daily living and enhanced mobility which i was happy with .
When i was reviewed in October 2016 i put down no change in my mobility then i had my assessment and was reduced to standard mobility and the DWP gave no reason for this only that it was reviewed .so i went to a tribunal in Sept 2017 and the first question asked was about what i put on my application in 2014 which was nothing to do with the award i was disputing, i was asked why my condition had got worse from when applying to the assessment and having M.E which causes confusion and brain fog i could not remember that i had been in hospital 3 years ago so in the end i lost the case and when i asked for a statement of reasons the judge said everything i said was not consistent and could not be relied on so we have to take notice of what the Capita assessor said.
I appealed for permission to take it to the  upper tribunal my reasons were dismissed by a judge but after reading the tribunal notes he decided there had been a error of law as the tribunal had failed to explain what circumstances had led to the mobility being reduced as the DWP had not explained it only that it was reviewed so he ordered for the decision to be set aside and a new first tribunal to be arranged in the mean time they ordered the DWP in a direction notice to explain their reasons for the reduction and they have failed to respond .
I now have a hearing next week i am not going to attend as i told them as last time it caused so much stress and enough paperwork has been submitted for them to make a decision in my absence.
  It is now 18 months since i first appealed my award and i have got as far as having my first tribunal next week as the other one was set aside and i could actually be in line for another review in October for a new award .
PIP what a joke


  • affii1993
    affii1993 Member Posts: 103 Courageous
    I hope it’s sorted stressful time
  • ricky1040
    ricky1040 Member Posts: 100 Pioneering
    Wow. thats crazy. I know it will be hard for you but maybe you should go to it. Well saying that. Are you able to live a decent standard of life on your current award ? if so and itll really upset you then maybe you should think is it worth it. But if you are struggling then try your best to go. I can relate to the mind fog thing you said. Maybe try and make wee notes or something before. I dunno. either way i hope it all works out for you. 

    take care pal
  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,676 Disability Gamechanger
    Thanks for sharing @markyboy

    Senior online community officer
  • markyboy
    markyboy Member Posts: 367 Pioneering
    i  had my 2nd tribunal last week as i said i did not attend as it was up to the DWP to prove their case and they were instructed by the court to attend in person 
    They failed to attend and the tribunal have restored my points to what they were on the previous award 
    It has took 18 months the DWP have ignored all the court directions for them to explain why they reduced the award.
    I am now due for a review in 6 months and expect them to reduce it again so it will be back to appealing again .
    This result has restored my faith in the justice system but when are the government going to realise that they have got it all wrong


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