HMCTS appeal question — Scope | Disability forum
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HMCTS appeal question

Martin2019
Martin2019 Member Posts: 33 Connected
Hi we have a telephone appeal coming up with HMCTS for PIP new claim. The original claim went in from memory July 2019. We have sent tons of evidence in . But now wondering what period of time they will concentrate on? It’s states the three months before putting a claim in and talks about the 9 months after ( which has obviously now well
passed? On the new online portal it suggests sending in photos to support my claim? What would I send in? Sorry if it’s all questions asked before 

Comments

  • woodbine
    woodbine Member, Community Co-Production Group Posts: 7,721 Disability Gamechanger
    Hi i'm a little confused (it happens), i'm not sure why they would ask for photos ? and a claim /appeal would be for how your condition affected you at the time. I assume the 3 and 9 months only refers to applying for PIP i.e you have had to have had the care/mobility issues for 3 months and expect them to last another 9 months?
    Be extra nice to new members.
  • poppy123456
    poppy123456 Member Posts: 31,191 Disability Gamechanger
    edited November 2020
    HI,

    They will only consider what your condition was like when the assessment took place. Any worsening of condition affer this will not be taken into consideration.

    I note you said " you sent in tons of evidence" Less is very often more and evidence is only helpful if it states exactly how your conditions affect you against the PIP descriptors. Sending in huge amounts of evidence realy isn't helpful. Sending in photos of what?

    Have you clearly stated where you think you should have scored those points and your reasons why? Also adding a couple of recent real world examples of what happened the last time you attempted that activity for each descriptor that applies to you, adding who was with you and where you were. This can be done for your submission but if your hearing is soon then this should have already been written and sent.
  • Martin2019
    Martin2019 Member Posts: 33 Connected
    Hiya - before I applied for PIP I also applied for the WCA and was awarded LCWRA - I know it is separate from PIP . Would it be beneficial to request and submit a copy of the health assessment for my LCWRA to the tribunal for PIP? It was from memory about 6 months before and it totally contradicted the pip assessment 
  • poppy123456
    poppy123456 Member Posts: 31,191 Disability Gamechanger
    I note again that you said you've already sent in "tons" of evidence. Unless this states how your conditions affect you against the PIP descriptors then it's pointless sending it. Less is very often more.
  • chiarieds
    chiarieds Member, Community Co-Production Group Posts: 12,478 Disability Gamechanger
    edited November 2020
    It might be late in the day @Martin2019 - but have you had a look at the activities/descriptors that are looked at for PIP? Please see: https://www.cambridgeshire.gov.uk/asset-library/Scores-for-PIP-Descriptors-2020.pdf
    Please also read the notes at the end of this link.
    You need to be clear about which descriptors apply to you, & give those most needed couple of detailed examples that Poppy mentions as to what happened (thinking about the time of your assessment) when you attempted any applicable descriptor, when was this, did anyone witness this, how was it difficult, what exactly happened, & how did it leave you feeling afterwards, or was there any other consequence in attempting to do, or doing such an activity?
    Again, as mentioned above, only send in relevant 'evidence.' If it's just repeating a diagnosis, then several pieces of evidence saying the same thing aren't needed. Your diagnosis will not be in dispute, but does any of the 'evidence' you have show how you have difficulty dressing, bathing, eating, or going out? It rarely does. It's your own evidence that matters as to exactly how does your disability affect your daily life, &/mobility.

  • Martin2019
    Martin2019 Member Posts: 33 Connected
    Hiya because it’s my mental health it’s mostly my own experiences of not leaving the house etc 
  • poppy123456
    poppy123456 Member Posts: 31,191 Disability Gamechanger
    You are the only person that knows exactly how your conditions affect you against the PIP descriptors. Most medical evidence doesn't state this, it only states the most basic.
  • Martin2019
    Martin2019 Member Posts: 33 Connected

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