Lost PIP Appeal

edited 30 November -1 at 1:00AM in Disability Money Matters
13 replies 5.8K views
cantcopecantcope Forumite
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edited 30 November -1 at 1:00AM in Disability Money Matters
I'm not sure what i can do now?
I scored 8 points for care and mobility components. I went to tribunal hearing last week and despite evidence from me, my neuro and my MS nurse confirming that the points i was appealing were deserved i received a letter on saturday morning with a statement of entitlement showing the same scores.

I deserve 9 more points on care and the 12 on mobility. I cant understand how they can go against medical reports? my neuro has scored me as edss scale 6.5. My ms nurse has said i need physical assistance with getting in and out of bath and washing above my waist, physical help to prepare and cook a meal, physical help to dress/undress my upper body, aids to help me manage my medication and an aid to help me in the toile and physical help to cut food and take nutrition.

Do i need to be dead to get enhanced??? feel so broken :(

any advice would be gratefully received
Last bet : 26th Oct 2006:j Debt free 25th Feb 2008:j Living "my" dream:T
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  • HoogleHoogle Forumite
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    Take it to tribunal stage, make notes on the scorers descriptors and state how this is not a true representation of your needs and correct it at tribunal.

    Dont go in saying what you think you deserve, just go in with facts state how your disability stops you from a normal life and make sure it effects you more than 50% of the time, but whatever you state make sure it can be medically backed up as they probably have doctors on the panel.
  • cantcopecantcope Forumite
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    Hoogle wrote: »
    Take it to tribunal stage, make notes on the scorers descriptors and state how this is not a true representation of your needs and correct it at tribunal.

    Dont go in saying what you think you deserve, just go in with facts state how your disability stops you from a normal life and make sure it effects you more than 50% of the time, but whatever you state make sure it can be medically backed up as they probably have doctors on the panel.

    this was tribunal....
    Last bet : 26th Oct 2006:j Debt free 25th Feb 2008:j Living "my" dream:T
  • Did you attend the hearing?

    You can appeal to the upper tribunal, but only on a point of law. If they have not provided it, you need to request a statement of reasons to understand why they reached the decision they did, and whether there is scope to take it further.
  • cantcopecantcope Forumite
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    Yes i attended.
    It was horrible. My friend who helps me with some things came with me.
    It was like the spanish inquisition for an hour.
    They have not sent a statement of reasons. Do i request that from the court?
    Last bet : 26th Oct 2006:j Debt free 25th Feb 2008:j Living "my" dream:T
  • Yes, contact the court. Once you have the document, contact CAB or similar for advice.
  • antrobusantrobus Forumite
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    cantcope wrote: »
    I'm not sure what i can do now?
    I scored 8 points for care and mobility components. I went to tribunal hearing last week and despite evidence from me, my neuro and my MS nurse confirming that the points i was appealing were deserved i received a letter on saturday morning with a statement of entitlement showing the same scores.

    I deserve 9 more points on care and the 12 on mobility. I cant understand how they can go against medical reports? my neuro has scored me as edss scale 6.5.

    6.5 means; Constant bilateral assistance (canes, crutches, or braces) required to walk about 20 meters without resting

    More or less than 20 metres is the PIP descriptor cut off. 'About' leaves you on the borderline between 10 and 12 points.

    Although I'm not convinced that the EDSS scale is particularly helpful.
  • poppy12345poppy12345 Forumite
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    cantcope wrote: »
    I'm not sure what i can do now?
    I scored 8 points for care and mobility components. I went to tribunal hearing last week and despite evidence from me, my neuro and my MS nurse confirming that the points i was appealing were deserved i received a letter on saturday morning with a statement of entitlement showing the same scores.

    I deserve 9 more points on care and the 12 on mobility. I cant understand how they can go against medical reports? my neuro has scored me as edss scale 6.5. My ms nurse has said i need physical assistance with getting in and out of bath and washing above my waist, physical help to prepare and cook a meal, physical help to dress/undress my upper body, aids to help me manage my medication and an aid to help me in the toile and physical help to cut food and take nutrition.

    Do i need to be dead to get enhanced??? feel so broken :(

    any advice would be gratefully received
    Once you have the Statement Of Reasons you'll need to find someone whole specializes in finding an error of law and not CAB. It's extremely diffcult to find that error in law. You may not have an option but to accept the award you have at least until your next review. I know this isn't what you wanted to hear and i'm sorry the Tribunal didn't go your way.
  • cantcopecantcope Forumite
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    antrobus wrote: »
    6.5 means; Constant bilateral assistance (canes, crutches, or braces) required to walk about 20 meters without resting

    More or less than 20 metres is the PIP descriptor cut off. 'About' leaves you on the borderline between 10 and 12 points.

    Although I'm not convinced that the EDSS scale is particularly helpful.

    They agreed with the 8 points DWP scored me.
    Last bet : 26th Oct 2006:j Debt free 25th Feb 2008:j Living "my" dream:T
  • cantcopecantcope Forumite
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    poppy12345 wrote: »
    Once you have the Statement Of Reasons you'll need to find someone whole specializes in finding an error of law and not CAB. It's extremely diffcult to find that error in law. You may not have an option but to accept the award you have at least until your next review. I know this isn't what you wanted to hear and i'm sorry the Tribunal didn't go your way.

    thank you, i did think this so not a surprise. I will request it regardless as i'd like to know what made them disagree with my specialists and myself. However, its unlikely i will challenge it as the last 7 months have made me worse and have been dreadful. i cant do it all again
    Last bet : 26th Oct 2006:j Debt free 25th Feb 2008:j Living "my" dream:T
  • poppy12345poppy12345 Forumite
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    cantcope wrote: »
    thank you, i did think this so not a surprise. I will request it regardless as i'd like to know what made them disagree with my specialists and myself. However, its unlikely i will challenge it as the last 7 months have made me worse and have been dreadful. i cant do it all again
    You won't be able to unless an error in law was found.
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