PIP tribunal

cornish_donkey

Hi my husband who suffers from a muscle wasting disease has been refused PIP and although he was given ESA Support group straight away now has to go to tribunal.

Does anyone know what information will help with his claim? Would it help contacting a charity? Is there a date timeframe on the documents we send to the tribunal service for example would it help to get his full medical history from the doctors or does the documentation need to be dated within the last 3 months? Someone said to contact our MP but because he is conservative in our area probably won’t help. Any information would be gratefully received.

NeilCr

I assume you've done a Mandatory Reconsideration and it has been turned down?

If so, then information here on appealing to a Tribunal

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

calcotti

cornish_donkey wrote: »

Hi my husband who suffers from a muscle wasting disease has been refused PIP and although he was given ESA Support group straight away now has to go to tribunal.

Does anyone know what information will help with his claim? Would it help contacting a charity? Is there a date timeframe on the documents we send to the tribunal service for example would it help to get his full medical history from the doctors or does the documentation need to be dated within the last 3 months? Someone said to contact our MP but because he is conservative in our area probably won’t help. Any information would be gratefully received.

Depending on where you live the waiting time for a tribunal can be a lengthy one so you probably don't need to rush.

Obtaining medical records can help. Remember the tribunal is still looking at the decision at the time the PIP was refused. Depending on how long he has been ill should inform how far back you want medical records for - I would say go back to when the conditions that currently affect him started.

My own opinion, other may disagree, is that involving an MP is generally not appropriate. Rightly or wrongly there is an application and appeal process for dealing with this and it has to be gone through. Only in the most extreme cases do I consider MP involvement to be appropriate. If MPs were contacted every time a benefits decision was challenged they would be overwhelmed (mind you it might encourage reform of the DWP).

You need to focus on explaining how he meets the PIP descriptors in order to score enough points to qualify for PIP https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

NeilCr

calcotti wrote: »

My own opinion, other may disagree, is that involving an MP is generally not appropriate. Rightly or wrongly there is an application and appeal process for dealing with this and it has to be gone through. Only in the most extreme cases do I consider MP involvement to be appropriate. If MPs were contacted every time a benefits decision was challenged they would be overwhelmed (mind you it might encourage reform of the DWP).

I completely agree with this.

poppy12345

calcotti wrote: »

My own opinion, other may disagree, is that involving an MP is generally not appropriate. Rightly or wrongly there is an application and appeal process for dealing with this and it has to be gone through. Only in the most extreme cases do I consider MP involvement to be appropriate. If MPs were contacted every time a benefits decision was challenged they would be overwhelmed (mind you it might encourage reform of the DWP).

I also totally agree. A local MP mostly has no idea what the PIP descriptors mean.



OP as has been advised, you'll have plenty of time to send any extra evidence needed. Providing HMCTS receive it no later than 10 days before the hearing date, it will be fine.

Alice_Holt

https://www.advicenow.org.uk/guides/how-win-pip-appeal

https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/

cornish_donkey

Thank you for the info guys. He has indeed had his MR rejected. I’ll skip the MP and see if a charity could help with anything. My husband has the most common inherited neurological disorder called Charcot Marie Tooth disease but because it’s rare no one knows what it is, not even the medically trained. So maybe they could forward a fact sheet or something?

poppy12345

cornish_donkey wrote: »

Thank you for the info guys. He has indeed had his MR rejected. I’ll skip the MP and see if a charity could help with anything. My husband has the most common inherited neurological disorder called Charcot Marie Tooth disease but because it’s rare no one knows what it is, not even the medically trained. So maybe they could forward a fact sheet or something?

PIP isn't awarded based on a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors.


Leaflets/fact sheets are not classed as evidence. What he needs is evidence to prove how his conditions affect him.

cornish_donkey

He has that evidence and it’s also plain to see when you look at him. The foot deformities and muscle wastage is clearly visible but the PIP assessor who was a nurse refused to look at him even though we begged her to look. ESA in the other hand was assessed by a physiotherapist and he gave Support related ESA clearly stating he has disability in mobility.

NeilCr

cornish_donkey wrote: »

He has that evidence and it’s also plain to see when you look at him. The foot deformities and muscle wastage is clearly visible but the PIP assessor who was a nurse refused to look at him even though we begged her to look. ESA in the other hand was assessed by a physiotherapist and he gave Support related ESA clearly stating he has disability in mobility.

To be honest I think you'd be well advised to go to an advice agency for support/advice.

You are too close to this and a dispassionate view will help you with the appeal/tribunal.

cornish_donkey

NeilCr wrote: »

To be honest I think you'd be well advised to go to an advice agency for support/advice.

You are too close to this and a dispassionate view will help you with the appeal/tribunal.

Could you elaborate on this please? Who could help and why?
Muscular dystrophy charity offers advocates, is that what you mean?