Tribunal — Scope | Disability forum
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Tribunal

cher77
cher77 Member Posts: 95 Courageous
edited January 2019 in PIP, DLA, and AA
Hi all won a tribunal in may last year 2018 as before tribunal only got award standard daily and high mobility so won tribunal like i said and they awarded me high for both until November 2020 then August last year 2018    called for another f2f assessment got a decision in November last year 2018 and only award standard again for daily but high mobility so asked for a mandatory reconsider sent more evidence in just got my decision today and they are sticking with the standard daily but high still mobility I'm just confused in how tribunal was with me and now have to go through it all again can the dwp or pip go against the tribunal decision from last may any advice i would appreciate it thanks

Comments

  • markyboy
    markyboy Member Posts: 367 Pioneering
    Very strange that 3 months after winning tribunal you are reassessed
  • cher77
    cher77 Member Posts: 95 Courageous
    @markyboy it is strange but that's whats happened to me and apparently they are well within there rights to do so, so once again have to go through all that again it's very stressful they make you feel like we are lying and trying to scam them it's very belittling and disgraceful that they are playing with people minds and illnesses i do t want to be like i am in only 41 and I'm just going to get worse 
  • Yadnad
    Yadnad Posts: 2,856 Connected
    markyboy said:
    Very strange that 3 months after winning tribunal you are reassessed
    Not really. In many cases the length of an award is 3 years. If you take the date when the claim was made as the start it could well be 6 months later that you have the decision. Then if you want to appeal it will take time for the MR to be decided (normally many months) If then you want to go to appeal the waiting time for the appeal to be heard is now running at approx. 1 year. 

    Being a 3 year award but to be reassessed after 2 years you can see that it is quite possible to have another face to face review just months after receiving the Tribunal's judgement for the earlier award.

    I myself have had three face to face assessments in the past 5 years. I was reassessed every other year 2013, 2015 & 2017 but was given 3 year awards for the first two. The last one was never appealed against and all three of them were 0 points - no award.
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    DWP weren't going against the tribunal's decision because they are able to review an award and require a new f2f at any time which may result in a new decision as in your case.

    It is unfair that DWP review awards early.  All you can do is appeal again when probably a tribunal will award you high daily living once more.
  • cher77
    cher77 Member Posts: 95 Courageous
    Hi @Matilda hi @Yadnad hi @markyboy just sent all evidence ect to tribunal sent it recorded they received it yesterday so now it's another waiting game the only thing is a lot of the evidence is the same as i sent last year and won with that I'm scared as I'm still bad as was last year expect I've now been diagnosed with COPD was having all the tests last year so it's a new diagnosis and still waiting for an adapted house with wet room and stair lift I'm hoping they do go in my favour again but I'm not holding my breath wondering if you know if you've won tribunal 1st time round can it be possible to win again and it's the same time as last year x
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    I don't see why not.  I've only had one tribunal and the only medical evidence I had was 19 years old from when I first claimedDL A but I do have a degenerative disease. I won.
  • Yadnad
    Yadnad Posts: 2,856 Connected
    Matilda said:
    I don't see why not.  I've only had one tribunal and the only medical evidence I had was 19 years old from when I first claimedDL A but I do have a degenerative disease. I won.
    Seems that some case managers at the DWP have different opinions on evidence.
    Amongst my many ailments I have Chronic Pancreatitis and all of the many issues that go with it which is not curable, will not improve and is life threatening.
    Likewise I also have Pulmonary Fibrosis which again is incurable will not improve and is also life threatening.

    The impact of just those two issues was clearly laid out in the claim form and was backed up by two reports - one dated 2011 and the other 2012.

    The last MR in 2017 stated that those reports were out of date and were not accepted as viable evidence preferring instead the assessor's report as it was more relevant and recent..

  • cher77
    cher77 Member Posts: 95 Courageous
    Hi @Matilda I to have a degenerative disease of my discs in my lower back and neck pain in my hips sciatica get numbness and pins and needles in hands and feet as well as high blood pressure high cholesterol COPD diabetes depression pain in my left shoulder and my shoulder blade think that's all lol x
  • cher77
    cher77 Member Posts: 95 Courageous
    Hi @Yadnad I'm sorry about your illnesses my last f2f assessment report was bad it wasntw even about me the lies she had written in her report was horrible and degrading was all made up so of course i failed the Mr but won at tribunal which was great i opted for paper instead of going so this time I've opted for the same I'm still worried that they won't go in my favour do they take other illness into consideration as the COPD is new but on last year's evidence i was under investigation for my breathing put that on my evidence and only got diagnosed with it in novemvNo I'm on 3 different sprays at the moment I've also been diagnosed with depression since my last tribunal 

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