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Thread: Pip evidence before tribunal

  1. #1
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    Pip evidence before tribunal

    Hi im sorry if this has already been asked in another thread but im new to all of this. I applied for pip after being on low rate mobility dla for 5yrs due to anxiety/depression. In 2016 i was diagnosed with a vestibular disorder (ear bones weak) leading to vertigo dizziness and loss of balance etc. In the atos medical i got 6 points for care as i use aids for bathing cooking and toilet needs. Such as perching stool and handrails. I was refused any points for supervision with my Vestibular excercises (supervision & help) & 0 for engaging with unknown ppl die to anxiety as atos said i wasnt anxious although my partner spoke for me and i was crying! I also got 4 points in mobility moving around due to being off balance and having to stop every few minutes to regain equilibrium. But 0 for plannin and following a route even though i cannot go out alone due to anxiety and vestibular which trigger eachother . It is now at appeal stage and i have sent further evidence to DWP and the tribunal that confirms all points they refused on including letters from psychiatrists etc i am just wondering will the DWP look at this new evidence when they recieve or will it just be put on my case? Im hoping they look again and revise without court thank you

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    I am no expert but I'm pretty sure they they are obliged to look at new evidence as I'm sure if tribunal relied on new evidence they would ask why dwp didn't act on it, so I assume your asking can they intervene before tribunal and I'm pretty sure the answer is yes, as I said I'm sure someone with a bit more knowledge can confirm.

  3. #3
    Senior Member nukecad's Avatar
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    Yes the DWP can, and sometimes do, change their mind when they see new evidence before it gets to tribunal.

    I would not rely on this happening though unless your new evidence is very strong and makes it clear they will have no chance at tribunal.

    If they do make an award before tribunal then you can accept it and cancel your tribunal, or if you don't think it's good enough then just carry on to tribunal in the hope that the tribunal will award more.
    Only you can cancel your tribunal, the DWP can't do that.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


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  4. #4
    Senior Member NeurologicalNed's Avatar
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    I helped a lady here awhile back. She had already failed her MR and was going ahead to tribunal.
    I wrote a letter for her which detailed all her issues at length, and gave specific information of which disabilities she had and which specialists she was seeing.
    I challenged every discrepancy in the report and decision. The DWP ended up giving her an award after all, whereas before she received nothing and her MR was effectively ignored, so it can happen.
    I didn't even really provide more evidence, I just wrote a comprehensive letter on her behalf.

  5. #5
    Senior Member gus607's Avatar
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    Yes the DWP sometimes do capitulate & change their mind prior to a Tribunal hearing, a friend of mind had a phone call from the DWP a week before her appeal & awarded her enhanced in both components, after no award at all.
    This is the reason I tell everyone to appeal, I'm sure the DWP rely on many people not appealing.
    Call me Mike.

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    You have to remember that the DWP decision makers ARE NOT medically trained, you have to literally walk them through everything step by step.

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    Thank you all! I will keep my fingers crossed my reports that i sent in are stating that i cannot be alone and struggle with unknown ppl & even a report from my consultant stating i need supervision with excercises and the time i must take to do them each day (40 mins a day)
    All from 2013-present and several diff proffesionals so am praying it goes im my favour. Im petrified of going to the tribunal :’(

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    Oh and the most upsetting point they put in their reaponse to the tribunal was “ if xyz is as ill as she claims then she wouldnt be named as a carer for another individual with a disability” the tribunal may wish to investigate this further!

    It makes me so sad as i receive carers allowance for my 8 year old son that is visually impaired so i feel like im not capable to be providing care for my child as i have difficulties ?! Its ridiculous how low they make you feel. And i didnt even know about carers allowance untill a lady at the jobcentre told me to claim and said his issues are not a direct contradiction to my needs.

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    They do this frequently, don’t worry about it. There is plenty of case law regarding caters allowance and esa/pip being permitted. Including disabled couples caring for each other. Just get the evidence you can, from real professionals, tribunals generally don’t rate HCP reports that highly.

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    Quote Originally Posted by RobcarerT View Post
    They do this frequently, don’t worry about it. There is plenty of case law regarding caters allowance and esa/pip being permitted. Including disabled couples caring for each other. Just get the evidence you can, from real professionals, tribunals generally don’t rate HCP reports that highly.
    Thank you! It makes me feel better im not the only one they have said it to

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