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PIP going to tribunal, advice?
Phantomscript
Member Posts: 10 Listener
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
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
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.
If not and you go it alone to a Tribunal the success rate drops to below 50%.
Would you happen to have any contact numbers or links to any such Welfare adviser??
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.
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.
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!
Best wishes for Christmas and 2019.
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!