Went to Universal Credit Appeal the letter I received today says my appeal is refused and I don’t have LCW. The panel accepted that I have depression, I actually have chronic depression. My granddaughter sent an email for me before the appeal date stating my circumstances had changed. My Dr has given me a fit note clearly stating that I am unfit to work, surely they should have acted on this document. I now have an hearing aid and I am awaiting an appointment to see if I have Menere disease. Tina
Dear poppy123456I am at the moment on UC but my ESA MR is going on because my local MP is involved and i have made the complained of the nurse who assessed me to Nursing and Midwifery Council.Last time on 6th 0f March i went to the job centre and my work coach told me just send the sick note and you dont have to attend in job centre if they want they can take interview by phone she knows that i have so many medical issues so will i get some extra money or not if you can clear me that please.Thanks
Yes poppy 123456She was really good and very much helpful what do you think do they want me to assess again for UC or what is going to happen?Thanks
Hi Poppy123456i don’t understand how a tribunal cane overrule a decision from a practice GP. Why do the universal credit ask for these fit notes if they are not paying full attention to them. Waste of Drs time and the patients time. My work coach advised me to take my new fit note to the tribunal. My mental health has changed since the initial work assessment, am struggling with all of this. Thank you Poppy123456 for your help.Tina
how long does it take for them to make a dicison for support group guys please
Dear poppy123456I need urgent help to make my appeal to the Tribunal says they ask 2 things what you disagree with and why you disagree with it i dont know what to write because mandatory reconsideration based on asses rs report which is full of lies dont know where to start
1 - Identify those activities you have any kind of issue with.
2 - Identify whether the issue is that you can’t do the activity at
all; can’t do it reliably, can’t do it repeatedly; can’t do it safely or
in a reasonable time. If any one of these apply to an activity then you
can’t do it at all and it’s okay to say so. However, as well as ticking
the box saying you either can’t do it all need help or aids, remember
to say which one(s) of the above apply.
3 - Have a copy of the PIP points scoring system in front of you. The
questions in the form don’t match the points scoring so it’s as well to
be aware of this.
4 - For every activity you think you score points you need to think
of 2 or 3 recent examples of incidents when you tried to do that
activity. Describe in detail the what, when, where, who witnessed, what
happened next etc. Don’t skimp on detail. It’s often better to type it
up in Word first rather than write in the form. If it won’t fit then add
extra sheets, remembering to put your name, NINO and the question to
which the answer relates on each sheet. Alternatively, reduce the font
and cut and paste the Word answer into the form. Note that doing point 4
correctly is far more important than supporting medical evidence in
5 - Use the extra information section to describe your conditions in
detail; the specifics of the symptoms and especially how they interact.
Also, if applicable, use it to spell out that you want an ongoing
award and explain why e.g. your condition is degenerative, you’ve done
all the adapting you’re going to do etc. If you don’t specifically ask
for an ongoing award you will almost always get a short one.
6 - Assuming your diagnoses are not in question and ditto the
prognosis then ask yourself what gap in your evidence does medical
evidence fill in terms of points scoring? If you can’t answer that then
consider not sending it in. 10 reports all saying the same thing are no
better than 1. Volume of evidence, especially medical evidence, doesn’t
win you PIP and medical evidence is also not as helpful as your own
anecdotes unless you are someone who lacks insight into their own
condition e.g. someone with a learning disability or certain mental
health conditions. Clarity and focus of evidence wins you PIP.
7 - Whilst PIP ask for the form back in 4 weeks they will grant a 2
week extension without question if you ask. However, there is no actual
deadline for returning the form in the legislation so that deadline can
be extended if reasonable. What could be more reasonable than having a
medical condition which slows you down? Ask for an extension as a
reasonable adjustment under EA 10 if applicable.
8 - By all means get an advice service to do this but if they don’t
do most of the above then you’re better off doing it yourself. Welfare
rights advisers do not have some magic form of words they use and their
knowledge of the law, guidance or case law only occasionally comes into
play at the firm filling stage. No-one especially likes form filling
but unless your impairment creates specific difficulties with form
filling there’s no reason you can’t do it yourself. It’s all about the
1 - Concentrate wholly on what you were like on the date of claim.
2 - There are no “trick” questions. Tribunals are usually listed 20
to 40 minutes apart so, apart from the appeal papers, they need
questions which cut across lots of functions. So the car question is
brilliant because it indicates grip; mobility; dexterity; the ability to
do something repeatedly; concentration and stamina. Instead of thinking
negatively about such stuff think about what they’re getting at and
your answers will be much better and more detailed. Similar questions
include whether you’ve been on holiday recently. It feeds into mobility
(getting across an airport); stamina; the ability to cope alone; the
need for aids and appliances.
3 - There are no set rules or order for a hearing beyind the requirement that it must be seen to be fair.
4 - Watch the judge’s pen. All 3 members may take notes but only the
judge writes a record of proceedings. If you don’t want them to miss
anything then remember that they can’t write as fast as you can speak,
so watch their pen and slow down. Don’t worry about going too slow. They
will tell you if you do.
5 - Never interrupt any tribunal member. It is perfectly okay to
challenge them provided it’s not rude or aggressive. However, think
about whether what you’re challenging them on is directly related to
points. If it’s not then better to focus on points. This is especially
important because loads of people second guess the demeanour of tribunal
members as determining whether they are pro or against and it’s largely
nonsense. An aggressive, challenging member may well just be a poor
communicator and wholly on your side right up to the point you challenge
6 - Get yourself a representative and travel to the venue by whatever
means makes you feel comfortable. It’s only ever an issue if you don’t
explain what you did in full and if doing so contradicts your other
evidence in some way for daily living and /or mobility.
7 - Same goes for clothes. You need to wear whatever makes you feel
comfortable and relaxed. If you’re not relaxed then the likelihood of
you presenting well are much reduced. Dressing down is not a good idea
unless that all you can afford. A person who feels naked without make-up
or a suit and tie will similarly be over stressed if they try to
pretend they’re in their comfort zone dressing down.
8 - Other people’s tribunal experience can be valuable but it’s just
that. Their experience. If they lost then it’s the tribunal to blame. If
they win they everything they did is why they won and what you must do.
The truth is usually very much in between.
9 - Know your case. What points are you going for and why. What’s
your evidence? “The HCP was a liar” is neither evidence nor a winning
strategy. Also, know the appeal papers. What’s where.
10 - Do not be tempted to claim you’ve worsened since the date of
claim. That’s a recipe for a failed appeal and an invitation to make
another claim. Even if you have got worse always concentrate on your
date of claim and what you were like then.
I think may know my situation I've got advanced osteoarthritis in my knees and spondylitis in my back... my mental health has not been great for years, I've always been backed by my doc and never won an appeal after my assessments which were a joke.. now on universal credit I still have no benefit in place I've just had a P. I. P assessment that lasted a couple of hours.. not holding out for the either universal is not working for us my partner has chronic fatigue syndrome, and we had to get a loan because we were short on money because there is a cap on U.C unless you are on E. S. A or D. L. A. or P. I. P then the cap is removed I've been through way too much with dwp i still don't understand in 2015 I faked on points then they said we are putting you in a support group for 12 months, after that failed another assessment because they lied.... Fact since then it's been applications MR assessments paper tribunal and a now P. I. P assessments, I'm done after this they broken me.... 😕
Dear poppy 123456I need advice from you that on 27th December 2018 i had my ESA medical assessment which i went so couple of days later i received another letter for assessment for 14th of January 2019 and they said i didnt attend that assessment now i have Universal Credit medical assessment again on 11th June 2019 so could you please guide me how should i protect myself from these liars if it happens again and how do i ask them for my recorded assessment Thanks in advance
Scope community team