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The outcome of my MR

TeddyB22TeddyB22 Member Posts: 170 Courageous
So I received word back from my MR. They were unmoved and now it looks like I will have to go to Tribunal just like I did at the beginning.
I didn't send off anymore medical evidence as I've not had any recent specialist input since last year. They noted this. I go to check ups and attend Occupational Therapy. I followed the advice given here in the forums to explain how my condition effects me. 
Again they didn't give me any points for mobility despite me telling them I haven't had any meaningful contact with another person socially for a year. I go to a nearby shop once a week. That's it. I don't mix with other people and I get my brother to take me to appointments. I've missed so many hospital appointments this year because of the stress of having to leave the house and travel on my own. 
I asked them to award me points for Nutrition. They argued that I seemed adequately nourished despite not having seen me physically but assessed over the phone. My CA rep was able to argue at the tribunal that they should not assess people's appearance as you don't have to be undernourished to have a problem taking nutrition. I have inflammation of the throat and I choke on food so I have to cut it up sometimes puree it. I have to watch everything I eat. It takes much longer than is normal and has a psychological effect on me. I was originally awarded these points (2) at my original appeal over a year ago. They took them off me after I asked for a suppersession. Anyway I think I have a good chance of overturning their decision at appeal. However I am aware they could take my remaining award of standard living off me.
I'm not sure if CA will be able to represent me again. If they don't I will just have to give up. No point in going on my own. I was once sent back home from a tribunal bc of not having representation. 
It's going to be stressful again but it does help that I've been here before so I know what to expect. 

Replies

  • Cher_ScopeCher_Scope Posts: 4,038

    Scope community team

    Hello @TeddyB22 and good luck with taking this to tribunal.

    Our members are very knowledgeable about PIP and will be able to support you with any questions you have so please don't be afraid to ask anything that might help you.  
    Online Community Co-ordinator

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  • samfits99samfits99 Member Posts: 155 Courageous
    @TeddyB22 what’s it like at a Tribunal? my friend wants to no ? do they give you a good grilling ?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI @TeddyB22 I'm sorry to hear this. I remember your previous posts regarding asking for a supersession.

    Are you sure you gave recent real world examples and not assertions?

    The following advice came from a member here on the community. I won't tag the person but if they read this they will know who i'm talking about.

    Assertion is where you say you cannot do something. You may even explain why not. None of that is evidence. Evidence is when you give specific, detailed and recent examples of incidents where you have attempted a specific activity. 

    “I fall” is assertion. Anyone could say it. 
    ”I have fallen in the back garden“ is assertion. Anyone could say it.
    ”I fell in the back garden a week last Tuesday followed by several paragraphs on when; how; why; what happened; who saw it; what happened next and so on. That’s evidence. Only you could say it.

    The average wait for hearings is about 32 weeks, depending on the area you're in. face to face hearings are still currently suspended, only the most extreme cases will be given a face to face hearing. Whether this will still be in place when your hearing date comes, i have no idea.

    Whatever you decide to do, good luck!

    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.
  • OverlyAnxiousOverlyAnxious Member Posts: 1,437 Disability Gamechanger
    TeddyB22 said:

    I didn't send off anymore medical evidence as I've not had any recent specialist input since last year. They noted this. I go to check ups and attend Occupational Therapy. I followed the advice given here in the forums to explain how my condition effects me. 
    Again they didn't give me any points for mobility despite me telling them I haven't had any meaningful contact with another person socially for a year. I go to a nearby shop once a week. That's it. I don't mix with other people and I get my brother to take me to appointments. I've missed so many hospital appointments this year because of the stress of having to leave the house and travel on my own. 

    I'm struggling to see which mobility descriptor you'd fit into?

    Social contact is covered under the mixing with people descriptor in daily living, that's not relevant for mobility.  You're not totally housebound so that rules out 1e.  You can go to a local shop, presumably alone, once a week so that rules out 1f.

    So we're looking at 1d?  But if you can plan and follow an unfamiliar route alone you don't fit into that one either. 

    I'm not trying to be awkward but it seems like we're in a very similar position and I had no chance at the mobility side.  I'm agoraphobic, can't use any form of public transport, struggle to leave the house at all and can't travel further than a few miles or stay out for longer than an hour or so...but because I can drive and visit Tesco once a week on my own, don't fit into any of the Mobility descriptors.  Doesn't seem totally fair but it is what it is.

    If you believe you do fit one of the Mobility descriptors, you really need to emphasize which one and focus specifically on that. 
  • mikehughescqmikehughescq Member Posts: 6,615 Disability Gamechanger
    The nutrition argument seems solid to me. Persist with the same argument but give real world examples of not being able to do so in a reasonable time etc. 

    Your mobility argument seems to be mixed up with your social engagement argument. Take a look at https://pipinfo.net/#activities and separate them out. Social engagement is not the same as mixing even though DWP persist with the latter term. Planning and following a route is not about mixing either. 
  • TeddyB22TeddyB22 Member Posts: 170 Courageous
    samfits99 said:
    @TeddyB22 what’s it like at a Tribunal? my friend wants to no ? do they give you a good grilling ?
    It's not as bad as people think. They were very sympathetic. My rep from Citizens Advice did all the talking. They asked to see me at the end to ask if I wanted to raise any concerns as they felt my condition had worsened from my original claim and they would consider upping the standard rate. I said I was happy with the outcome bc I thought I'd be getting SDP aswell which as it turns out I didn't bc I was put onto UC. 
    It's really not bad. Just relax. 
  • TeddyB22TeddyB22 Member Posts: 170 Courageous
    HI @TeddyB22 I'm sorry to hear this. I remember your previous posts regarding asking for a supersession.

    Are you sure you gave recent real world examples and not assertions?

    The following advice came from a member here on the community. I won't tag the person but if they read this they will know who i'm talking about.

    Assertion is where you say you cannot do something. You may even explain why not. None of that is evidence. Evidence is when you give specific, detailed and recent examples of incidents where you have attempted a specific activity. 

    “I fall” is assertion. Anyone could say it. 
    ”I have fallen in the back garden“ is assertion. Anyone could say it.
    ”I fell in the back garden a week last Tuesday followed by several paragraphs on when; how; why; what happened; who saw it; what happened next and so on. That’s evidence. Only you could say it.

    The average wait for hearings is about 32 weeks, depending on the area you're in. face to face hearings are still currently suspended, only the most extreme cases will be given a face to face hearing. Whether this will still be in place when your hearing date comes, i have no idea.

    Whatever you decide to do, good luck!

    I think I could argue my case about nutrition. My fear is they will look at everything again. You were right when you says I didn't give real life examples of how my condition effects me. I didn't take my CA rep's advice to resend medical notes as I already did that twice. 
    If I can't get representation from CA is there a solicitor who specialises is benefit appeals I coups pay to represent me? I don't think the government would cover this with legal aid would they?
    Many thanks, 
    TeddyB22
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You definitely don't need a solicitor for a benefit Tribunal and you don't want to be paying anyone, when you can get advice and support for free. As previously advised, you may not even appear in person because of Covid, it depends on how long the wait is.

    Start here for advice. https://advicelocal.uk/

    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.
  • TeddyB22TeddyB22 Member Posts: 170 Courageous
    You definitely don't need a solicitor for a benefit Tribunal and you don't want to be paying anyone, when you can get advice and support for free. As previously advised, you may not even appear in person because of Covid, it depends on how long the wait is.

    Start here for advice. https://advicelocal.uk/

    I'm hoping they will represent me. The last lady was brilliant. The one on my case is new and quite young. They have told me it's unlikely that I'll be represented. Just don't have the money to send people to Tribunals. I did make a sizeable donation when I won my appeal so I'm hoping they will remember that.
    Thanks for the help and take care. 
    Ps It looks like we are heading into another full lock down here so hoping everyone stays safe and looks after each other. 
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