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  • FIRST POST
    • Penitent
    • By Penitent 20th Jul 17, 3:16 PM
    • 1,591Posts
    • 4,717Thanks
    Penitent
    Submitting evidence after requesting Upper Tribunal
    • #1
    • 20th Jul 17, 3:16 PM
    Submitting evidence after requesting Upper Tribunal 20th Jul 17 at 3:16 PM
    I appealed my PIP rejection and was rejected again at Tribunal (paper-based as I was unable to attend). I've put in a request for an Upper Tribunal based on them not taking into account whether I can do something reliably. My request is with the Judge, but they can't tell me when I'll hear back.

    In the meantime, I've finally received a letter from my consultant that I requested several months ago that clarifies some of the things mentioned in the original Tribunal decision.

    If I send it to them, will they be able to take it into account at this stage? I really don't want to phone them again and I don't have anyone who'll call them for me, so I was going to send it on the off-chance.

    I know I should just reapply based on my revised diagnoses, but my condition hasn't really changed and I can't go through the whole process again just to be told I look okay again.
Page 3
    • ukmaggie45
    • By ukmaggie45 27th Nov 17, 4:20 PM
    • 2,795 Posts
    • 19,117 Thanks
    ukmaggie45
    I still get a rubber stamp MR decision full of copy/pasted nonsense. I've filled in the forms for the appeal--my OCD demands it--but it just feels pointless.
    Originally posted by Penitent
    I think the whole MR process is just an exercise in putting people off going further to Tribunal. A lot of people do drop out at this stage I think.

    When I got turned down at MR (DLA to PIP) I decided to get help from an advocate - I was 67 by the time the "invitation" to apply for PIP came, so this was my last chance to get the capability of having a Motability car back. Too old to apply for PIP again.

    My advocate told me that she thought my 8 page letter for MR (plus a letter from neighbour describing how I couldn't walk any distance) was one of the best ones she'd seen. But even so it made no difference to DWP's initial decision.

    Please don't lose heart! I went on to Tribunal and moved from low to high rate for both sets of descriptors, for an ongoing length of time. The stress of gathering all the evidence, then waiting, then having to go and be grilled by Tribunal is horrible. But don't let the B***ers grind you down!

    Good luck with getting all your evidence together, plus any additional evidence that might be helpful. Best wishes from Liverpool.
    • Penitent
    • By Penitent 27th Nov 17, 4:39 PM
    • 1,591 Posts
    • 4,717 Thanks
    Penitent
    Thanks, Maggie.

    I'm supposed to be on a self-imposed MSE ban right now, because I knew I was going to lose it at some point between now and getting the response from ESA and didn't want to embarrass myself by ranting. Turns out ESA was the least of my worries.

    Thankfully, I already have a letter prepared for the Tribunal. I have to write them in advance with the expectation of failing, as there isn't enough time to do it in the short time they give you. Just need to find someone to post it for me...no, wait, I don't, because apparently I can now go out whenever I like as long as someone gives me a pat on the back and a pep talk--I have an inconsistent, copy/pasted assessor's report to prove it!

    My last FTT was a disaster (never having a paper-based one again). Have asked to "attend" over the phone this time. I don't know. I'm not getting my hopes up.
    • Penitent
    • By Penitent 28th Nov 17, 7:06 PM
    • 1,591 Posts
    • 4,717 Thanks
    Penitent
    I'm going to resume my posting ban until things calm down a bit. Just wanted to apologise again for the outburst yesterday.
    • Mersey
    • By Mersey 28th Nov 17, 11:48 PM
    • 1,636 Posts
    • 781 Thanks
    Mersey
    No need to apologise - and in case it wasn't obvious we all share your frustration at the 'system' that is the DWP > HMCTS merry-go-round.


    [My experience is from having assisted only a few claimants and appellants mainly at the First Tier Tribunal, but two at the Upper Tribunal and I can tell you that at every stage there were sadly delays. As Maggie said, don't give up if you feel you have a case. If it's any consolation all but one of those I helped succeeded, even though it took 2 years in one instance when the backlog was far worse than it is today. We can't say whether you'll succeed, but from what you said earlier, you at least merit a hearing - so you can be heard, literally.]
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
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