PIP, DLA and AA
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PIP appeal support

freeflowfreeflow Member Posts: 11 Connected
Hi
I like some advice, please. I try to keep it short. My son's girlfriend has applied for pip was rejected due to a bad and incorrect telephone assessment, at the assessment my son who is also her carer, was present and witnessed the call but did not speak for her, as she was told he was not allowed, the assessor did not record her statements correctly and miss reported her medical conditions and difficulties.my son witnessed these blatant lies, they did a mandatory reconsideration but it was not successful. she now intends to appeal.
They live near Swansea, I have used a solicitor for one of my appeals many years ago using legal aid but that firm closed last year as they could not recruit solicitors and get more funding sadly.
I know got 2 questions, please.
Does anybody know a firm of solicitors/advice centre who can help at least prepare an appeal?
Can my son be a witness to the fact that the assessor lied, as the DWP already admitted he was present and listening at the assessment?
Any other help would be appreciated and it would be nice to give some hope as she is currently in hospital recovering from a tumour operation

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    Firstly, you don't need a solicitor for a benefits Tribunal. A representative from an advice centre is all that's needed, if you can get one. Or even just some's advice is a start. For this start here with your postcode. https://advicelocal.uk/find-an-adviser

    Your son does not need to be witness for anything because a Tribunal is not a court and no one is on trial here. Concentrating on the assessment report will not get her a PIP award because they will not be interested in any of the "lies" that may have been told. This will only weaken  her case. She needs to put what happened during the assessment behind her because it's in the past now.

    What they will be interested in is where and why she thinks she should have scored those points. A couple of real life examples for each descriptor that applies to her will be a huge help. Anecdotal evidence is always the best.

    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.
  • janer1967janer1967 Member Posts: 9,068 Disability Gamechanger
    Hi and welcome to the community, I am sorry to hear the PIP claim wasnt successful.

    As Poppy has said the best way forward for tribunal is to look at the descriptors and give real examples where she thinks she should have scored more points..

    Tribunals have a better success rate than MR and having legal representation isnt required/

    The best way is to prepare and go through the court bundle to see where you disagree with the points scored and why

    I hope she has a better success at tribunal
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    You have a great local authority welfare rights service in Swansea. Time to access it.
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    Hi there welcome Im sorry to hear she was not successful first time around . I cant provide any factual advice like above but I can show my support I personally had my telephone assessment 2 weeks ago I suffer with mental illnesses now my partner did keep getting told off for speaking for me as I gave him the phone and ran off loads she was on phone for nearly 2 hours was too much . He did have to speak for me on certain parts like medication as I dont deal with that he does , He  also prepares all our meals and there was some things I couldn't answer because I didn't want to think bout to the past so my partner answered . They did listen to him but  she wanted to keep speaking to me .

    Great advice above I really hope she gets pip  
  • freeflowfreeflow Member Posts: 11 Connected
    thanks every one
  • Tori_ScopeTori_Scope Posts: 3,999

    Scope community team

    Let us know how she gets on @freeflow!
    Online Community Coordinator, she/her

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  • freeflowfreeflow Member Posts: 11 Connected
    Let us know how she gets on @freeflow!

    Hi, good news she put in the appeal and DWP reconsidered her claim and awarded her PIP!
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    That’s amazing I’m so happy for you all was she awarded a amount and length she’s happy with ? I’m really happy so happy . 

       Xxx
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited November 2020
    Great news, thanks for the update. May i ask what award she was given and if she's happy with the award?
    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.
  • Tori_ScopeTori_Scope Posts: 3,999

    Scope community team

    Fantastic, thanks for letting us know @freeflow :) 
    Online Community Coordinator, she/her

    Want to give us feedback? Complete our feedback form now.
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