PIP, DLA and AA
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PIP going to tribunal, advice?

PhantomscriptPhantomscript Member Posts: 10 Listener
edited August 2018 in PIP, DLA and AA
Hello all,
My wife was born with Ataxia, and has Dystonic lateral  tremor; it ranges from 3 to 4 bad days and if lucky 4 good days a week. She suffers from depression of have for most of her 41 one years of existence being at the fringes of society due to the symptoms of her condition.
Her condition affects her gait, and speech at times, hand eye coordination.
To cut a lengthy session short, she was denied PIP, and the Mandatory decision came back in the same colour, The reply and request for the Mandatory approach was written sentence for sentence in reply, and I strongly believe that it was not read through as the reply indicates a lot things suggested that were not in the letter written nor on the PIP form filled.
So we are at the Tribunal stage, what gets my goat, is that the Assessment report was full of falsehood  on the reporting part.
Any advice please

Replies

  • RipplesRipples Member Posts: 189 Pioneering
    @Phantomscript First of all welcome. The MR is often a rubber stamp  of the original decision and you will find that you have to jump through the hoops. Your best defence is to pick out where  you feel  the assessor's opinion differs from what you feel is the true state of things and illustrate why  their opinion is wrong. The tribunal is a panel of different  people rather than just the DWP so they are often more open to what people say. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Hi @Phantomscript and a warm welcome to the community! I am sorry that you did not win your MR and are now having to go to tribunal. We have a section on the website which can help with the tribunal process which may help. If you need anything else then please do not hesitate to be in touch!
    Community Partner
    Scope

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  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @Phantomscript

    To be awarded PIP you have to have qualifying disabilities at least 50% of the time, i.e. at least 4 bad days a week every week.  And your disabilities have to fit the relevant descriptors.  Take a look at the descriptors on the Disability Rights UK site (DR) which also has a guide to all stages of PIP. DR publish a Disability Rights Handbook that outlines PIP appeal hearing proceedings.  £18.50 from DR site or probably available at your local reference library.

    Mobility = able to walk up to 20m aided = 12 points

                  =  """""""""""""20-50m aided = 10 points

                  = '''''''''''''''''''''20-50m unaided = 8 points

    Tribunals know that many assessment reports are inaccurate and 71% of appeals proceed.

    Try to get some f2f advice from CAB, or similar, or from Welfare Rights.
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    Matilda said:
    @Phantomscript

    Tribunals know that many assessment reports are inaccurate and 71% of appeals proceed.

    Try to get some f2f advice from CAB, or similar, or from Welfare Rights.
    ….provided that you have a qualified legal advisor/welfare rights officer representing you.
    If not and you go it alone to a Tribunal the success rate drops to below 50%.

  • PhantomscriptPhantomscript Member Posts: 10 Listener
    Dear Matilda,
    Would you happen to have any contact numbers or links to any such Welfare adviser??
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dear Matilda,
    Would you happen to have any contact numbers or links to any such Welfare adviser??
    You will need to do a google search for what's in your area because all areas are different. Some area don't have access to welfare rights.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @Phantomscript

    You would have to contact your local CAB or local authority welfare rights.  Google, or Scope Helpline might be able to give you the contact details.
  • PhantomscriptPhantomscript Member Posts: 10 Listener
    Hello RipplesChloe_ScopeYadnadMatildapoppy123456, and tall the members of the forum. I fought PIP for my wife all the way to the Tribunal hearing. Each sentence of the PIP reply, Mandatory reply letter was addressed with supporting documents from my wife's NHS held Medical file history, and an accurate Blue print architectural floor layout for the Assessment centre.
    On the day of the Hearing my wife was not physically able to attend so I sent in a letter for a hearing in her absence.
    People we won hands down. She has her Benefits back in place and we are waiting for PIP to cough up the arrears and re instate Benefits. It has been on exhausting journey. but we have reached its end. 
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    Hello RipplesChloe_ScopeYadnadMatildapoppy123456, and tall the members of the forum. I fought PIP for my wife all the way to the Tribunal hearing. Each sentence of the PIP reply, Mandatory reply letter was addressed with supporting documents from my wife's NHS held Medical file history, and an accurate Blue print architectural floor layout for the Assessment centre.
    On the day of the Hearing my wife was not physically able to attend so I sent in a letter for a hearing in her absence.
    People we won hands down. She has her Benefits back in place and we are waiting for PIP to cough up the arrears and re instate Benefits. It has been on exhausting journey. but we have reached its end. 
    I do like that attitude.

    So you went with a blueprint of the building's layout presumably to argue that the distance she was seen to have walked would have been impossible as the plan shows the actual distance to be much smaller?

    Next time if this happens at the same centre take a tape measure with you as well as the blueprints! 

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Many congrats, @Phantomscript.  It's always worth fighting.

    Best wishes for Christmas and 2019.
  • GeraldGerald Member Posts: 214 Pioneering
    Hi all .The same thing happened to me I started my pip at the start of the year and now going to a Tribunal hearing which I have no date for as the first time I got it will be in the next 2 months in june at that time I still had no word so got back on to them and got it will be in the next 37 to 39 weeks so there is still no help from the dwp .
  • PhantomscriptPhantomscript Member Posts: 10 Listener
    Hello All,
    I come from a Resettlement, Homelessness, Housing,Benefits, and Advocacy background. I think that a collective pooling of efforts to sign post and support members as well as advice would go a long way.
    I for one, am happy to aid any one struggling with transport to tribunals etc, and am happy to proof read check that descriptors are met, and that requisite paperwork required are in place for members who struggle with such things ...Totally free of charge! 
    The suffering people undergo needs to stop!
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