Pip tribunal bundle

saram

Good morning everyone I have received my bundle this morning I just had a quick read through the response and it's basically a copy and paste of my MR with a added line of dismiss this appeal should I be worried it's been so long already and I can't believe it's the same response everytime 

poppy123456

It's standard procedure for DWP to request they dismiss the appeal, if they thought you were entitled you wouldn't be at Tribunal stage. It's nothing to worry about and your hearing will continue.

What you need to do now is concentrate on the weaknesses in your evidence. If you haven't yet given a couple of real world examples of what happened the last time you attempted each activity that applies, then you should do that for your submission.

Include detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were.

saram

Thank you poppy I feel like I have done that already but I will read through the entire bundle and see if there's anything I can improve on 

Sue_Alumni

Hi @saram

Unfortunately you should not be surprised that the DWP’s response to your appeal only takes a cursory nod to the grounds you raised in your appeal. 

You will need to go through the appeal bundle and refamiliarize yourself with everything there and to prepare for the tribunal hearing.  As poppy says look at your own evidence and see if there is any thing you could explain more fully to help the tribunal understand how your health conditions cause you to struggle with the PIP daily living and mobility activities.  If you need help or prompting so you can do something, explain this. The PIP rules state that you should only be treated as being able to carry out an activity if you can carry out that activity reliably (safely, repeatedly, to an acceptable standard and in a reasonable time period) and for the majority of the time. Deal with any apparent weaknesses in your case which may have been referred to by the DWP and address them. For example, if they say you were able to walk into the room at the assessment centre with no apparent difficulty explain that this is not relevant and that the test is on an outdoor level surface and then go on and explain that because of your medical conditions you struggle to mobilise more than x metres and give specific examples of how far you walk and at what point you have to stop and rest and whether you could repeat, how long it takes and whether you are in pain, breathless nauseous etc.  

saram

Thank you for your advice I will be able to look through it later with some help I hope they have concetrated on a very specific sentence when I said my fried came over 3 days a week to help me and regarded that as the only time I need help not thinking that I get other help or that my friend has a life of her own it's been really frustrating 

Sue_Alumni

Yes you can easily address that.  The DWP have seized on the reference to your friend giving you help 3 days a week to try to argue that you do not need help for the other 4 days a week and so do not need help for the majority of the time. As you say, you need to explain that you rely on other people to give you help at other times.