PIP, DLA and AA
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please please help ..exhausted !

[Deleted User][Deleted User] Posts: 231 Pioneering
edited September 2019 in PIP, DLA and AA
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  • [Deleted User][Deleted User] Posts: 231 Pioneering
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Can i just ask you to confirm that you said you have a date for the Tribunal hearing in 3 weeks time? even though you only requested the appeal 3 weeks ago? are you sure you've received a date already?

    The fact that the how your disability affects you form wasn't filled in correctly doesn't really matter now because the assessment is over. There's most likely thousands of people out there that don't fill out this form with all the information about how their conditions affect them but they still go on to be awarded PIP with out any problems at all.

    The evidence that wasn't included, you need to send this to HMCTS ASAP to make sure it arrives within 10 days of the hearing date. If you have extra evidence to send then i'd advise you to send that as well. Make sure you add you name NI number and Tribunal reference to everything you send.

    Are you taking someone with you to the hearing or going alone?
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Have you also written your submission and sent that? If you haven't you should also do this to state where you think you should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.
    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.
  • [Deleted User][Deleted User] Posts: 231 Pioneering
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No problem. You should not be contacting DWP at this stage because it's in the hands of HMCTS now and it's them you should contact.

    Whether or not you had fair assessment doesn't really matter now because it's at Tribunal stage and this is what you need to concentrate on. Forget what did or didn't happen at the assessment because that's not important. What is important is presenting your case, even though you've been give an extremely quick date. Most people are waiting almost a year because backlogs are huge.
    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.
  • Aimz2shineAimz2shine Member Posts: 19 Courageous
    @justdon, there is an organisation called Equal Lives. Google them. They are an advocacy group for disabled people and represent several counties under one umbrella. If you're not in the counties they represent, I'm sure they can point you to the correct advocacy group. Even so, their website is full of information as to how to go about battling the DWP. They even have different templates to use for all different kinds of communication to send to the DWP. Equal Lives were instrumental in helping me "win" my tribunal. They held my hand every step of the way. I've been in your shoes, as have so many others. There are plenty of advocacy groups for the disabled out there, and they will jump through hoops to help you.
  • [Deleted User][Deleted User] Posts: 231 Pioneering
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    justdon said:
    Poppy can i send my submission along with my extra eveidence ?will they accept that ?
    Yes, you'll need to send it to the Tribunal and not to DWP. As advised, make sure you add your name, NI number and Tribunal reference number to everything you send.
    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.
  • [Deleted User][Deleted User] Posts: 231 Pioneering
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    What do you mean the original claim was put in 1 year 3 months ago? Was that this claim or a different one?
    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.
  • [Deleted User][Deleted User] Posts: 231 Pioneering
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  • Aimz2shineAimz2shine Member Posts: 19 Courageous
    @justdon, I wish you all the best in your endeavours. Unfortunately, the DWP puts up many roadblocks, hoping you'll take your lumps and go away. Fight on! You got this! 😁
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I had to read the last comment a few times but i'm still confused.  It doesn't make sense to me that they have combined the 2nd claim with the first claim. Did you have that in writing?

    If this claim matches the number on the first claim then what happened to the 2nd claim made in October, what was the decision on that?
    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.
  • [Deleted User][Deleted User] Posts: 231 Pioneering
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  • [Deleted User][Deleted User] Posts: 231 Pioneering
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As this Tribunal is for the claim you made in 2018 then they won't take into consideration any worsening of condition since that decision was made. They will only take into consideration what you were like at the time the decision was made.

    I don't understand why you were told they emerged the 2 claims when you had a decision on the claim made in October, which was another refusal.

    When a new claim is started when you've requested the MR/Tribunal on a previous claim it means that any new decision made will overrule the decision on the previous claim. Which is what could happen here. If that does happen and you're successfully awarded by the Tribunal then you will only receive backdated money up until the day before you started the 2nd claim in October.
    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.
  • [Deleted User][Deleted User] Posts: 231 Pioneering
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited September 2019
    You're welcome. Did you mention that condition and how it affects you at the face to face assessment? If you did then that will be fine but if you didn't then they won't take that into consideration. Mentioning that on the ESA assessment form won't help you because this is PIP not ESA.
    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.
  • [Deleted User][Deleted User] Posts: 231 Pioneering
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Remember, it's not about the condition/diagnosis, it's how they affect your ability to carry out daily activity based on the PIP descriptors. Everyone is affected differently by these conditions.
    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.
  • [Deleted User][Deleted User] Posts: 231 Pioneering
    edited September 2019
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @justdon always my pleasure to help others, it's what i'm here for. Good luck with the Tribunal and if you could report back here with the outcome, i'd really appreciate it. :)
    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.
  • [Deleted User][Deleted User] Posts: 231 Pioneering
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