PIP appeal

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Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
     Should I go through the report and highlight the inaccuracies?
    I do not advise you to concentrate wholly on the report because this isn’t going to get you a PIP award. 

    It’s fine to mention a couple of contradictions but then put it to one side and forget about it. 

    The Tribunal are already aware that a lot of reports are flawed. 

    What you should do if you haven’t already is concentrate on giving a couple of real world examples of exactly what happened the last time you attempted each descriptor that applies to you. 

    Also include detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were. 
  • chiarieds
    chiarieds Online Community Member Posts: 17,155 Championing
    I read this as perhaps being about the DWP's response to their appeal, rather than the assessor's report, which I believe was previously received. If that's the case, then the DWP usually will disagree with why you're appealing, but your appeal will still go ahead.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I read it as exactly what was said, the assessor’s report. Yes I know they received that previously. 

    Perhaps @Dot2710ken could please confirm whether they meant DWPs response or the actual assessment report?
  • Dot2710ken
    Dot2710ken Online Community Member, Scope Member Posts: 44 Connected
    I've not received the assessors report. Following advice from this lovely forum, I decided against requesting it. The report I mentioned is the DWP response to the appeal.  
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Thanks for returning to confirm this. As chiarieds correctly advised it’s standard procedure for DWP to oppose the appeal. 

    If you have already given a couple of real world examples of exactly what happened the last time you attempted each descriptor that applies to you then you should do this for your submission. 

    Include detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were. 
  • Dot2710ken
    Dot2710ken Online Community Member, Scope Member Posts: 44 Connected
    Does anyone have a timeline from applying to having the appeal heard please? I applied in March 2023, still.waiting for a hearing  date. I'm guessing this isn't long in comparison?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Potentially 10 months from when you requested the Tribunal.
  • Dot2710ken
    Dot2710ken Online Community Member, Scope Member Posts: 44 Connected
    Thank you for getting back to me. I figured it would be  several months.  Everything is a waiting game.  
  • Dot2710ken
    Dot2710ken Online Community Member, Scope Member Posts: 44 Connected

    My appeal date has come through. 9th July. Face to face at a Magistrates Court.

  • Dot2710ken
    Dot2710ken Online Community Member, Scope Member Posts: 44 Connected

    Hello there. I have my PIP appeal on Tuesday. I've just been sorting my folder of evidence and paperwork. Feeling scared and nervous.

    Suffering with brain fog at the moment. Does anyone have any suggestions for what I should say at the appeal?

    Do I draw up a timeline of events? The assessor constantly referred to how i was able to do all the daily stuff prior to being diagnosed. But that was before the illnesses.

    Thanks in advance ☺️

  • Jimm_Alumni
    Jimm_Alumni Scope alumni Posts: 5,713 Championing

    There are reasons for evidencing that you were able to do daily tasks with no issue before the illness, because after becoming ill and not being able to do them as well it clearly shows how affected you are. A timeline of events could be useful. I would say just answer all the tribunals questions truthfully. It isn't the DWP deciding now it's a more neutral party.

    Best of luck with it, and let us know how you get on. I know it's scary but the tribunal deal with these cases all the time. If you need a break, don't worry about asking for one. They do understand it's a stressful thing to be going through.

  • Dot2710ken
    Dot2710ken Online Community Member, Scope Member Posts: 44 Connected

    So my appeal was this morning. I thought it was at 1030, turns out it was 10am. Heard in my absence. DWP decision upheld. No points awarded.

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing

    Wow! Have you double checked the time on the letter you were sent? I have no experience of this happening before so I'd advise you to get some expert advice from an agency near you. I'd advise either Welfare Rights or a Law centre. https://advicelocal.uk/welfare-benefits

  • Dot2710ken
    Dot2710ken Online Community Member, Scope Member Posts: 44 Connected

    Yeah, I checked when the clerk came out and told me. It said 10:00. It wasn't highlighted in hold. But I've got no excuse. .

    Perfect example of brain fog.🤣🤣

    Trying to decide whether to start a new claim(lots has changed since my initial claim) or appeal.the decision.

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing

    Oh dear. You can't just appeal a Tribunal decision because you disagree. First you need to request the Statement of Reasons and Record of Proceedings. Once you receive those you'll need to find someone to take a look to see if an error in law has been made. You would need somewhere like Welfare Rights or a law centre for advice with this.

  • Apple233
    Apple233 Online Community Member Posts: 14 Connected

    oh no!!!! Was hoping it would be good news.

    wait until you get the statement and read through it and then depending why they made the decisions about the factors raised then you might be able to take it to upper trial but only if there has been an error of law in the deciding factors.

    I got my paperwork through from the court within 5 days of the hearing so once you get it read through it properly and see what they have put.

    Was the dwp present do you know?

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing

    The paper work you received from the Tribunal sounds like the decision letter. The actual Statement Of Reasons goes into much more detail and is only written by the Judge, if a claimant requests it.

    To appeal the decision you must request the SOR and ROP within 1 month of the date of the decision. Those are needed in order for you to see if an error in law has been made.