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Thread: Pip up coming tribunal - seriously scared

  1. #11
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    I think the fact I got enhanced because of this, i found it on the benefit and work website

    "It’s taken a few years, but the law has finally caught up with Benefits and Work.

    For once, however, that’s good news.

    Because it means many more claimants with mental health conditions may be able to get an award of the mobility component of PIP, even at the enhanced rate.

    PIP MOBILITY
    For years we’ve been advising members that DWP guidance about ‘Planning and following a journey’ was wrong – deliberately so – and was leading to incorrect assessments by health professionals and errors of law by decision makers.

    And for years we’ve been publishing a submission that members could download and include in their appeal papers, challenging the way that many claimants with mental health conditions were prevented from getting an award of the mobility component.

    Finally, after conflicting decisions from different judges, a panel of three upper tribunal judges was convened last year.

    The DWP continued to argue that anyone with a mental health condition who was ever able to go outdoors, even with someone with them, should score only 4 points and receive no award at all on that basis.

    But the tribunal weren’t having any of it.

    Last month they made a legally binding decision that claimants with conditions such as severe anxiety can qualify even for the enhanced rate of the mobility component, just on the basis of problems with ‘Planning and following a journey’, or ‘Going out’ as the PIP form terms it.

    Having read the judgement, we’re pleased to see that arguments that we put forward in our downloadable submission, and the very specific evidence we used to support them, have been included in the judgement"

  2. #12
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    maybe we could hope they will show some humanity and not try to find a new way to stop people with mental health conditions getting enhanced. Maybe

    Well done

  3. #13
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    Hi I'm due to go for a tribunal I've just appealed waiting to find out what happens now received low mobilty but had high for over 5 years x I suffer low back pain on pain meds and now I'm worrying sick sufferer depression anxiety and really could do without all this haven't saw any consultants over a year and just keep plodding on trying to cope x any suggestion my lovelies Tia x x

  4. #14
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    Hi Sidelle1912. I am new to this forum but was wondering if you can advise further on your sentence please.

    "And for years we’ve been publishing a submission that members could download and include in their appeal papers, challenging the way that many claimants with mental health conditions were prevented from getting an award of the mobility component"

    My 17 years old daughter (who has been diagnosed with Asperger's syndrome and due to her anxiety, she is unable to travel by herself) has been declined PIP (despite providing overwhelming evidence from CAMHS, a diagnosis and supporting letters). We are now waiting on the date for the tribunal. I am an appointee for my daughter. The irony is that it was DWP who established that my daughter needed an apointee. Yet notwithstanding all of this they scored my daghter "0" on each points.

    We are anxious at the prospect of having to go to the tribunal because we don't know how much more evidence we can provide the tribunal with. My daughter has also had some acute panic/anxiety attacks and we fear that she might have another one when she'll be going to the tribunal.

    The more we try to 'prepare' for this trial, the more anxious we get.

  5. #15
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    Quote Originally Posted by annette View Post
    Hi I'm due to go for a tribunal I've just appealed waiting to find out what happens now received low mobilty but had high for over 5 years x I suffer low back pain on pain meds and now I'm worrying sick sufferer depression anxiety and really could do without all this haven't saw any consultants over a year and just keep plodding on trying to cope x any suggestion my lovelies Tia x x
    Hi Tia,

    I think my best advice is to get as much evidence to support your case as possible, and then to write a good written submission to the court which highlights what you want to dispute. This way the judge gets a clear outline of what it is you them to focus on and once you have you're tribunal you'll feel much more prepared as you'll have an idea about what you want to talk about. I was as honest as I could be in the tribunal and I didn't hold back. I also went through the health assessors report and found all the errors she made then showed with my evidence how they were incorrect. I think that helped allot.

    For now just focus on getting prepared but don't stress yourself to muchave, which I know is hard, but when the day comes remember that you're fighting for what you're entitled to.

    Good luck x

  6. #16
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    Quote Originally Posted by Chutts View Post
    Hi Sidelle1912. I am new to this forum but was wondering if you can advise further on your sentence please.

    "And for years we’ve been publishing a submission that members could download and include in their appeal papers, challenging the way that many claimants with mental health conditions were prevented from getting an award of the mobility component"

    My 17 years old daughter (who has been diagnosed with Asperger's syndrome and due to her anxiety, she is unable to travel by herself) has been declined PIP (despite providing overwhelming evidence from CAMHS, a diagnosis and supporting letters). We are now waiting on the date for the tribunal. I am an appointee for my daughter. The irony is that it was DWP who established that my daughter needed an apointee. Yet notwithstanding all of this they scored my daghter "0" on each points.

    We are anxious at the prospect of having to go to the tribunal because we don't know how much more evidence we can provide the tribunal with. My daughter has also had some acute panic/anxiety attacks and we fear that she might have another one when she'll be going to the tribunal.

    The more we try to 'prepare' for this trial, the more anxious we get.
    Hi Chutts

    I'm so sorry you and your daughter have had to go through this process, I completely understand how stressful it is

    The piece of information I quoted is from a new upper tribunal decision regarding mobility and mental health. It basically says that people with severe mental health issues can now qualify for the enhanced or standard rate of motanility of they are unable to leave the house alone. I guess this is what the judge applied to my case as I cannot leave the house without my partner due to panic disorder . The judge was lovely and so was the doctor and they really took their time to understand what I was going through, hopefully your judge will be understanding too.

    With regards to evidence, as long as it clearly states how your daughters conditions affect her in relation to the descriptors then it should be fine. If they are vague then I would get one of your daughters health professionals to write a letter saying 'she never leaves the house unattended due to the anxiety her condition causes ' etc. This would aid your case as it backs up what you tell the judge and proves that the dwp were wrong. Try to find in the health assessors report any errors or false information that you can show are incorrect to the judge on the day. In fact, you are able to write a submission to the court outlining what you want to a dress on the day and the points you will be disputing and why. This will give you a good headstart on the day of the tribunal.

    Let me know if you have any more questions about the tribunal and try not to worry about it. I'm sending positive vibes your way xx

  7. #17
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    Thank you very much Sidelle. Really appreciate it.

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