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Appealing against a Lower-tier tribunal decision regarding a PIP claim

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nharrod
nharrod Community member Posts: 4 Connected
edited November 2021 in PIP, DLA, and AA
Hi all, just looking for some/any advice on appealing a Lower-tier tribunal decision. I feel like giving up but then I get angry at how the system and the so-called health professionals liar and embellish conversations and that makes me want to take it to the Upper-tier but I really don't know if I've got the strength to. Should I challenge the decision and drag the claim out even longer than it's already taken or just notify PIP that my disability has deteriorated? But what happens then? Do I have to go see another (not really medically trained) health professional? 
Any advice would be much appreciated. 

Comments

  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi and welcome 

    If you report a change in circumstances 8t will trigger a whole new assessment   the firmd and a assessment and a new decision which will over ride any current award 

    You need to try and not focus on saying assessor lied as this will not strengthen your claim . What they report is their opinion based on what you have said 

    You need to concentrate on making your case stronger as that is what a tribunal looks at your case not the difference of opinions 

    I'm not expert on upper tribunals so will leave others to advise on that 
  • Hartnsoul
    Hartnsoul Community member Posts: 22 Connected
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    Hi, Im finding this helpful while Im awaiting my appeal for LCW.

    I was so angry at the lies and misrepresentatation on my assessment that despite my low energy and depression the injustice of seeing lies used in my HCP statement has fuelled me to contest their decision to ignore my permanent medical condition and award no points. They said in one part I completed the form wrong but I dont know why. With advice from welfare rights I should not have put 'it varies' for most (ie bad day v good day) She said I shouldve put the worst vase only in my answers.

    I have gone through my appeal focused on answering all statements in my assessment that are untrue or conveniently twisted. The welfare rights advisor told me that its the unprofessional non medical opinion of the HCP I need to point out and discredit his opinion and correct the statements for the record. From your posts above it seems this is not the best advice! 

    To make our cases stronger is a doctors letter sufficient to confirm our medical condition and current state of health?
    My Dr says I definitely have limited caoability and always will have due to my condition. To my mind that disputes the bottom line where the DWP have based their decision on. Surely that is sufficient to prove my case? 

    Also, what is the best sort of representation to have at an appeal tribunal that would help us? 
  • Popdiva43
    Popdiva43 Community member Posts: 170 Pioneering
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    Hi,im waiting for a hearing date for my pip appeal as got zero points on my assessment.But yet I got awarded the higher rate for lwrca,so I confused as I told both assesses the same thing,and get turned down for one but accepted for the other.I have cab helping me with my appeal,and my daughter has written a letter,telling the tribunal what she does for me on a daily basis,just get as much help as you can.
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