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PIP Tribunal decision

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  • maid08
    maid08 Community member Posts: 307 Pioneering
    thing is  the DWP know this the gov know this and now we are finding out for ourselves by checking and asking   my view any assessment done the acesser needs checking and if not reg to act on a youer illness you demand the report a fake plus report acesser to governing body

  • ceege4
    ceege4 Community member Posts: 40 Courageous
    I'm waiting for my tribunal so don't want to rock the boat @maid08 but I wonder how many will look into this??  Hundreds I hope!! Thank you for the info!
  • Henry
    Henry Community member Posts: 64 Courageous
    I    was    assessed    by a person   who first   told   me.
    My  name   is ...
    I    am  a   nurse.
    Is   she qualified   to be an     assesser  ?
  • maid08
    maid08 Community member Posts: 307 Pioneering
    Henry said:
    I    was    assessed    by a person   who first   told   me.
    My  name   is ...
    I    am  a   nurse.
    Is   she qualified   to be an     assesser  ?
    a nurse has more ability than a physio or an analytical professional if you have the name check out reg for her

  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
    @wildlife Fairly recently a woman sued ATOS because her assessor did such a poor job on the report. She won, and was awarded £5000.
  • ceege4
    ceege4 Community member Posts: 40 Courageous
    Now that is good news @Waylay!! Well done that woman!! Gives hope to everyone going through this awful changeover and hopefully will make the government think about what they are doing!
  • erm
    erm Community member Posts: 63 Courageous
    WELL I am wondering if anyone else has thought about this? do PIP assessors  and DWP decision makers discriminate against some people? YES!
    PIP assessors then DWP decision makers are not taking into account problems that lack of height and reach causes for many people.
    Take 2 People one way over 6 foot tall P1,
    the other way under 5 foot  P2
    who have whole body and joint mega stiffness and nerve pain and muscle weakness, cannot use stairs steps as they feel unsafe and even feel unsafe on uneven ground, have problems with hands feet joints and spasms, cramps of hands etc. 
    P1 may be able to open a cupboard which is level with their chest because of their tall height and longer reach, and be able to take out a plate pan or food from the bottom or middle shelf of the cupboard be it in pain and tiring. 
    WHEREAS  
    But P2 with the same disabilities as P1, how could they do the same? as they can't even climb onto a step ladder or stool? and if they could they would then have to lean over towards the cupboard and stretch to try to get a plate pan or food off the bottom shelf.. 
    Try explaining that to the assessors! regarding being able to prepare and cook food! 
    In a previous comment by ceege4 re cooking,  there are no questions about shopping for the food.
    It appears that shopping just arrives and puts itself away, according to the PIP, and short stature people must just float up to the cupboards to get out and put away pots pans food. 
    The people I took can neither bend down into cupboards or reach up to cupboards and cannot use step ladders, its unsafe! 
    Try telling PIP that though.
    More possible answers should be on the form as people with the same problems but differing heights reaches etc do not have exactly the same problems. 
    Putting a A cold microwave meal or pie into the microwave is hardly preparing and cooking a meal, and if they can't lift it out of the microwave or carry the hot plate to a table what are they supposed to do? wake up .GOV

  • Henry
    Henry Community member Posts: 64 Courageous
    How  does one   get  this  PIP   .over turned   and  dla   decisions brought into  practice. 
    Is   there any  organisation s     contesting    the government .

    One   thing  is the mobility   part.   Ie     the  walking  distance.
  • Hody
    Hody Community member Posts: 4 Listener
    Hi everyone i am new to the site i won my PIP tribunal on the 4th of april this year can anyone please tell me how long it will take to get my letter so i can get my motability car back please
  • susan48
    susan48 Community member Posts: 2,221 Disability Gamechanger
    @Hody,

    i would call them to ask to ask if the awards been sent out, you probably will get it this week, with being Easter holidays and weekends etc.

    id call and check though.

    congratulations
  • Hody
    Hody Community member Posts: 4 Listener
    Thankyou for your help 
  • ceege4
    ceege4 Community member Posts: 40 Courageous
    Hi Everyone does anyone know if there is a time limit to get a Motability car again ie can't have another car within 6 months of handing car back? Also, has anyone had PIP appeal to a higher court because they don't agree with the tribunal's decision? Many thanks Carol
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hody said:
    Hi everyone i am new to the site i won my PIP tribunal on the 4th of april this year can anyone please tell me how long it will take to get my letter so i can get my motability car back please
    Usually the DWP put a tribunal award into payment 5-8 weeks
    You should ring DWP to make sure they have a copy of the decison

    CR
    Be all you can be, make  every day count. Namaste
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    ceege4 said:
    Hi Everyone does anyone know if there is a time limit to get a Motability car again ie can't have another car within 6 months of handing car back? Also, has anyone had PIP appeal to a higher court because they don't agree with the tribunal's decision? Many thanks Carol
    hi Carol
    Motability are the best people to talk to about time limits.

    You can only take a tribunal decison further if an error in law is present in the decison. There often is but you will need trained advice on the matter.

    Grounds for further appeal do not include disagreeing with decision

    CR 
    Be all you can be, make  every day count. Namaste
  • ceege4
    ceege4 Community member Posts: 40 Courageous
    Hi @CockneyRebel thank you for your reply. At my tribunal I asked the judge if I had to go through this every year and he said he was awarding it indefinitely but PIP may appeal to a higher court. I was wondering if PIP have done this at all? Carol
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Ah Ok I understand now

    The DWP can appeal to the Upper Tier Tribunal (UTT)

    They can only do so if an error in law can be found in the decision.

    They will first ask the judge for a statement of reason and record of proceedings
    There are often errors present but the DWP seldom take any further action.

    Even though the judge said he was awarding indefinitely, no such award exists in PIP
    The DM can and does ignore time limits from tribunal decisions as PIP can be reviewed at any time

    When you receive your decision letter, look at the end date but more importantly the review date

    CR
    Be all you can be, make  every day count. Namaste
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    edited April 2018
    @cegee

    At my tribunal the judge told me was making an indefinite award.  The award letter from the DWP said that they would contact me after 10 years from the date of the tribunal decision.  Others have said that their award letters had the same wording so I assume that yours will, too.
  • ceege4
    ceege4 Community member Posts: 40 Courageous
    OK thanks CR. I'll be very surprised if they do appeal due to all the medical evidence including the original medical report they said wasn't available, but I contacted data records and they sent me a copy! Funny that!! Also they included a wad of someone else's information in the middle of my bundle and the judge mentioned a data breach in his letter to them and myself. Just hope this is the end of it all now. 
  • ceege4
    ceege4 Community member Posts: 40 Courageous
    Thank you @Matilda. Hopefully I will get that as well. I'm 63 now and all my medical problems get worse every year so there is no way I will 'get better'! 
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    Correction - 10 years from the date the arrears were paid from.


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