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PIP taken from me after re assessment with physical ailment

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1 year 6 months ago #279757 by Donagon
I had already wrote out my letter to them asking for the mandatory reconsideration and wrote my case for why, using your templates, without the p4a. (Haven’t sent yet)

At this point is the p4a needed? I guess it’s to argue the points they say, right? I guess I just wanted my write up, over and down with, I can be impatient!

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1 year 4 months ago #281322 by Donagon
Hey there,

After requesting, my pa4 form and writing out my appeal, it was all sent off with my evidence to the DWP using the guides on this website.

A month later, I received a response back with a pretty vague explanation stating that if you don’t have aids and help you can do it on your own etc. I expected this response anyway as you guys had mentioned that you tend o get another rejection and this stage.

Could you please advise the next step, which I know is tribunal, and any advice on this?

Thanks.
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1 year 4 months ago #281327 by BIS
Hi Donagon

I'm sorry that you find yourself in this position. Have a look at The Guide to PIP Appeals - it will walk you through the process. Also there is a guide to challenging a medical report which you might also find useful. benefitsandwork.co.uk/guides-for-claimants/pip

Have a look at how you're going to counter their argument that you don't use aids or you don't have help. Plenty of people don't have help because it's not available, not because it isn't needed. Look at why you don't use aids. It may be you haven't been offered them, or you have tried them and they're not useful or you know already that they wouldn't help. I'm not saying what may apply to you, just what you might want to try and argue.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 months 1 week ago #288752 by Donagon
Hello again

Thought I would come back to update to the people that helped that I have a tribunal date for April 2024, it will be a video appointment, anyone had experiences with these?

I don't feel really great about it. I feel cautious and weary, as I know I can't do anything until I answer the questions on the day, but I feel like these things are just cross-examinations rather then someone having a conversation with me about what I can do and not trying to have a 'gotcha' moment.

I know that sounds strange but my mind is in the process of feeling like I'll be turned down, as with the frequent roadblocks that the DWP have put in my way and have been told no repeatedly, I feel like I am going to be set up for a disappointment.

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8 months 1 week ago #288766 by BIS
Hi Donagan

I know it's not easy, but try not to think they are there to catch you out. Are all Tribunal Panels nice and understanding? No, they are not. However, there are many good ones, and many more claimants win their tribunals than lose them.

You can't know exactly what they will ask you - but you can go back through your form and make sure you're familiar with what you said and why you believe the DWP were wrong in their decision.

When it's over, if you get the chance, do come back and tell us how you got on. Good luck

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 months 1 week ago #288791 by Donagon
Thank you for your response, I appreciate it. It’s just what’s going on with my thoughts, especially when you do this alone.

However, weirdly enough, I’ve just received a text message this morning from the DWP stating

‘We received the written report of your ESA assessment. We will write to you once we’ve made a decision on your ESA. You don’t need to contact us unless any other details you gave us have changed. Thank you.’

This would be the morning after I received the letter for the PIP tribunal date yesterday.

This is very strange to me as searching the web for anybody else that got this message. They usually receive it when there’s some sort of paper-based assessment before they even had their first assessment on their issue over the phone, so this has puzzled me?

Thoughts? I do not want to get my hopes up of course.
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