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PIP Tribunal partial success!!
- Chris Hill
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1 year 4 weeks ago #284584 by Chris Hill
PIP Tribunal partial success!! was created by Chris Hill
Hi,
Just thought I would post to let you all know that after waiting almost a year for my PIP Tribunal I finally had it yesterday.
Its been the most stressful thing that i have ever done.it was a small victory in that i was awarded standard daily living which was a surprise as my main issue is with my mobility as i have Charcot Marie tooth Disease which greatly affects my walking and balance but the panel felt that i didnt meet the descriptors(i was originally awarded 4 points able to walk between 50-200m and i was claiming less than 20 as the majority of the time i am walking through pain).
For anyone else going through this process the panel and judge were all very nice.I did break down a few times when i was in the courtroom but its such an intense situation and being asked a lot of questions about certain things.I can certainly see why many people give up and dont go!Dont let it put you off from going to a tribunal though, if you feel like i did that the original decision was wrong.I am still disappointed that my mobility issues weren't recognised and in some respects its not about the financial gain you receive,a lot of it is just to be recognised with having a disabilty!
So i originally applied for pip back in June 22 and it has now finally come to an end Oct 23(i was awarded it for 5 years)
It does mean now though that i can reduce my daily hours at work and not be worse off!
Thank you for all the support and advice that i received on here
Chris
Just thought I would post to let you all know that after waiting almost a year for my PIP Tribunal I finally had it yesterday.
Its been the most stressful thing that i have ever done.it was a small victory in that i was awarded standard daily living which was a surprise as my main issue is with my mobility as i have Charcot Marie tooth Disease which greatly affects my walking and balance but the panel felt that i didnt meet the descriptors(i was originally awarded 4 points able to walk between 50-200m and i was claiming less than 20 as the majority of the time i am walking through pain).
For anyone else going through this process the panel and judge were all very nice.I did break down a few times when i was in the courtroom but its such an intense situation and being asked a lot of questions about certain things.I can certainly see why many people give up and dont go!Dont let it put you off from going to a tribunal though, if you feel like i did that the original decision was wrong.I am still disappointed that my mobility issues weren't recognised and in some respects its not about the financial gain you receive,a lot of it is just to be recognised with having a disabilty!
So i originally applied for pip back in June 22 and it has now finally come to an end Oct 23(i was awarded it for 5 years)
It does mean now though that i can reduce my daily hours at work and not be worse off!
Thank you for all the support and advice that i received on here
Chris
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- BIS
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1 year 4 weeks ago - 1 year 4 weeks ago #284590 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Tribunal partial success!!
Hi Chris
Congratulations on your partial success. I'm sorry that you didn't get your mobility issues recognised, but I'm glad you came out with something, and though stressful the Tribunal panel treated you nicely. There are two things I would recommend you doing:
1) Get the statement of reasons - so you get the whole transcript on the decision. It will help you craft your narrative for when you have to renew your PIP.
2) I would keep a diary about your pain and how it affects your mobility. You don't have to write reams, but it will give you more 'proof' if you have something someone can look at that charts your pain and the limitations and what happens over an extended period of time. (Not suggesting you will want to do it for five years - but six months would be great).
When you're reviewed again, it's back to the DWP and I would be surprised if many of them are aware of Charcot Marie Tooth Disease. I looked it up out of interest, never having heard of it, and I can quite see how an assessor might have no experience or little understanding of the impact.
Congratulations again. Enjoy your success.
BIS
Congratulations on your partial success. I'm sorry that you didn't get your mobility issues recognised, but I'm glad you came out with something, and though stressful the Tribunal panel treated you nicely. There are two things I would recommend you doing:
1) Get the statement of reasons - so you get the whole transcript on the decision. It will help you craft your narrative for when you have to renew your PIP.
2) I would keep a diary about your pain and how it affects your mobility. You don't have to write reams, but it will give you more 'proof' if you have something someone can look at that charts your pain and the limitations and what happens over an extended period of time. (Not suggesting you will want to do it for five years - but six months would be great).
When you're reviewed again, it's back to the DWP and I would be surprised if many of them are aware of Charcot Marie Tooth Disease. I looked it up out of interest, never having heard of it, and I can quite see how an assessor might have no experience or little understanding of the impact.
Congratulations again. Enjoy your success.
BIS
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Last edit: 1 year 4 weeks ago by BIS.
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- Chris Hill
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1 year 4 weeks ago #284621 by Chris Hill
Replied by Chris Hill on topic PIP Tribunal partial success!!
Thanks for the advice and I will certainly ask for the statement of reasons.
As it’s a progressive disease I’m pretty sure it will be worse in 5 years time and hopefully I won’t have to go through all of that again but who knows!!
Chris
As it’s a progressive disease I’m pretty sure it will be worse in 5 years time and hopefully I won’t have to go through all of that again but who knows!!
Chris
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- LL26
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1 year 4 weeks ago #284624 by LL26
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Replied by LL26 on topic PIP Tribunal partial success!!
Hi Chris Hill,
Well done for your Daily Living award!
Get the Statement of reasons- have a look at this, if there are any inconsistencies or the tribunal rely on "facts" that aren't based in any of the evidence. Maybe the tribunal didn't apply correct legal tests - check the descriotor wording and whether or not the so-called 'reliability' criteria under Reg. 4 (2A) have been properly considered. All of these comprise errors of law, (these are just examples of the usual errors thast could be made.)
If there is at least one arguable material error of law, ie one that could make a difference to your award, then you may be able to write in and ask for the decision about Mobility to be set aside/ appeal to Upper Tribunal.
However - it is possible that the whole decision could be set aside - which might mean that your Daily Living component might be at risk.
If you wish to appeal the First tier tribunal I would recommend seeking advice from eg Citizens Advice or Law Centre.
I hope this helps.
LL26
Well done for your Daily Living award!
Get the Statement of reasons- have a look at this, if there are any inconsistencies or the tribunal rely on "facts" that aren't based in any of the evidence. Maybe the tribunal didn't apply correct legal tests - check the descriotor wording and whether or not the so-called 'reliability' criteria under Reg. 4 (2A) have been properly considered. All of these comprise errors of law, (these are just examples of the usual errors thast could be made.)
If there is at least one arguable material error of law, ie one that could make a difference to your award, then you may be able to write in and ask for the decision about Mobility to be set aside/ appeal to Upper Tribunal.
However - it is possible that the whole decision could be set aside - which might mean that your Daily Living component might be at risk.
If you wish to appeal the First tier tribunal I would recommend seeking advice from eg Citizens Advice or Law Centre.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Chris Hill
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1 year 4 weeks ago #284626 by Chris Hill
Replied by Chris Hill on topic PIP Tribunal partial success!!
Hi
To be honest I don’t want to go through any more stress as this has been hanging over me for the last year and a half.I’m going to request the statement of reasons in case I need them in the future ,but for now I’ll just be happy with what I’ve got
Thanks
Chris
To be honest I don’t want to go through any more stress as this has been hanging over me for the last year and a half.I’m going to request the statement of reasons in case I need them in the future ,but for now I’ll just be happy with what I’ve got
Thanks
Chris
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- LL26
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1 year 4 weeks ago #284648 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP Tribunal partial success!!
Hi Chris Hill,
I understand that you have had enough stress! But just in case...at least you will know what to do!
LL26
I understand that you have had enough stress! But just in case...at least you will know what to do!
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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