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pip tribunal help - Have I lost pip and the pip tribunal

Ali_lovesTheUK
Ali_lovesTheUK Member Posts: 15 Listener
Hi all 
I wonder if any one can help me ?
I have a lot of paper work come back from  the pip tribunal but I have found this and is says about dismissing the pip tribunal   can some one please help with this as I;m super worried that I have lost the pip tribunal (please se nest post for photo 
I should point out that getting further proof for my mental  illness from my useless GP is very hard indeed and I just wondering what is my  next step and what else do I need to for the  pip tribunal
Mental Health Matters. 

Comments

  • Ali_lovesTheUK
    Ali_lovesTheUK Member Posts: 15 Listener

    Mental Health Matters. 
  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    edited September 30
    No, you haven’t lost the Tribunal. What you have there is DWPs response and they appose the appeal which is perfectly normal. If they agreed there would be no need to appeal in the first place. What you have received is the “bundle.”
    As for evidence a GP isn’t the best person to ask because they won’t have any idea how your conditions affect you against the PIP descriptors. 
    The best evidence you can send is your anecdotal evidence.
  • onebigvoice
    onebigvoice Posts: 185 Courageous
    @poppy123456, I agree with you but also need to contact the person or persons that are treating you, like Mind or where you are getting support for your problems.
      The GP will only refer you to someone that has more experience in these matters.This means a GP means General Practitioner, but he knows a man who can help.  With the bundle received it only suports the Secretary of States Assessors report.  Have you asked for the qualifications and signed decleration from the report writer that s/he understands what will happen if when going to a Tribunal, the Tribunal finds that the report cannot be used because it is not of  a standard that can be used and is only an opinion?  
      As said write about how those points mentioned affect you daily as you have to be abe to complete them safely, repeatedly in a reasonable time that a normal person could do them and when necessary, to name some points,
      Example you have walking problems and you have an up stairs toilet, can you climb the stairs safely and when you need to go, how long does it take to get out of bed and become mobile.
      can you walk 5 meters, 10 meters, 50 meters?  safely with or with out aids?  do you understand how far 10 meters is?  
  • poppy123456
    poppy123456 Member Posts: 23,910 Disability Gamechanger
    @poppy123456, I agree with you but also need to contact the person or persons that are treating you, like Mind or where you are getting support for your problems.
    Nope, not unless that evidence states exactly how your conditions affect you.
      With the bundle received it only suports the Secretary of States Assessors report.
    You say what? Ummm, there's no such thing. The bundle contains everything you sent, including the assessment report.
     Have you asked for the qualifications and signed decleration from the report writer that s/he understands what will happen if when going to a Tribunal,
    Nope a HCP doesn't need any qualifications or experience in any specific conditions. Why would they need to understand what happens at a Tribunal? It has nothing at all to do with any HCP.

      Example you have walking problems and you have an up stairs toilet, can you climb the stairs safely and when you need to go

    That's not correct either. Climbing the stairs to go to the toilet is not considered. See link. https://pipinfo.net/activities/managing-toilet-needs-or-incontinence

  • mikehughescq
    mikehughescq Member Posts: 7,538 Disability Gamechanger
    onebigvoice said:

    Have you asked for the qualifications and signed decleration from the report writer that s/he understands what will happen if when going to a Tribunal, the Tribunal finds that the report cannot be used because it is not of  a standard that can be used and is only an opinion?  
     
    Why are you encouraging appellants to do something which serves no purpose? There has been literally one piece of case law in which the status of a HCP was deemed to be of relevance i.e. a physio assessing MH. However, that decision is largely ignored because it’s subsequently become obvious that a lot of physios know about the consequences of MH. It’s also the case that if you want to push the whole “and what qualifications do you have to judge me?” button then the outcomes are generally not good. 

    - tribunal agree the choice of HCP was inappropriate and this adjourn… for another HCP report. Significant delay introduced and if that report, presumably done by a presumably somehow better qualified nevertheless comes to the same conclusions as the first HCP then not only have you managed to introduce avoidable delay but you have also managed to put the appellant in the position of now having 2 HCPs reports lined up against them and thus raised the bar regarding the level of evidence required to defeat that.

    I believe the technical term for this would be screwing over your client.

    - tribunal disagree that there’s any issue and proceed but you have a damaged case because your total focus on the HCP report leaves you with no case.

    - tribunal agree there’s an issue with the contents of the report but not the HCP. You have damaged your own credibility as a rep and that will impact other claimants you represent as tribunals will see you coming and largely think you’re an unpleasant goon who would rather attack the people behind the evidence rather than the evidence itself.

    - by asserting that the HCP report cannot be used you demonstrate to the tribunal that you do not have the most basic grasp of how tribunals address evidence in fhe 21st century and again harm your reputation as a rep and thus damage the credibility of both yourself and all future cases you represent. 

    To repeat - tribunals know that a HCP report is an opinion before you have even walked in the door. You cannot get a HCP report removed from evidence. Attacking the HCP is nota credible way to proceed. It damages you, your current case and your future cases. 

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