PIP appeal

Robbie64

I would suggest making a new claim, as you have been advised to do. If you really feel you need to pursue the current matter then you still can do but you have already been advised to make a new claim and concentrate on that.

Muttleythefrog

As above... I suspect best option is new claim. I remember back when I made a DLA claim I was not believed by the DWP, took it to appeal and had a bizarre experience when the GP on the panel threatened to come across and punch me in my seat to the red face of the judge... the consequence of me explaining how little trust I had in medical professionals. They too didn't believe me much. I made new application  (while getting increasingly angry at the statement of reasons from the lower tier tribunal) with new evidence as I was starting to get diagnosed and assessed for my health problems and was successful in getting appropriate award.. and have been same with PIP since getting appropriate award.

Finding error in law, to succeed in getting the decision set aside, given what has been said seems indeed a high bar as nothing seems to stand out... likely only someone very hands on with the facts of the case could contemplate an angle of argument or confirm you haven't got one to make. Save your energies perhaps and focus on a new claim.

tifo

poppy12345 said:

Yes of course disabled people are able to drive. In another thread you mentioned an eye condition and you only have vision in one eye so i assume you've told DVLA about this.

Yes, this was when I got my provisional license in the late 80s and I declare it at every renewal. I learnt to drive and passed with vision in one eye and to date have an excellent driving record.

tifo

Alice_Holt said:

I understand from your earlier post that Shelter have suggested applying again - and not proceeding with a UT appeal. I think you should act on that advice.

I'd also suggest getting help with the PIP form for any new application, and using the online resources to become more informed on the PIP criteria, etc.

I asked and Shelter said they'd help from a declined application onwards, i.e. for the MR, but I said I want to get it right with the PIP2 form.

tifo

poppy12345 said:

Just to add this to that list of links. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

OP you should also take sometime to have a read of this link before starting a new claim.

I looked at these and used them in my MR when the assessor did not appear to follow this guidance.

tifo

HillStreetBlues said:

Spending your time researching how best to fil out new application I feel will be more beneficial financially. You will have a far, far better chance winning an appeal with a new claim, than to get them to change this one.

I can understand the emotion of feeling cheated, but sometimes you just have to let go.

I know what you mean. And I feel cheated by the assessor, tribunal and DWP.

Plus a new claim will mean a loss of the past 1 year and 9 months, not only the time but also the financial help I feel I should have received.

tifo

When i made the PIP application I didn't know they assess you on how you are on the day of the assessment only.

calcotti

tifo said:

When i made the PIP application I didn't know they assess you on how you are on the day of the assessment only.

They shouldn’t.

Muttleythefrog

tifo said:

When i made the PIP application I didn't know they assess you on how you are on the day of the assessment only.

As above... they shouldn't although of course many observations will be made on the day of assessment and facts obtained from you and they tend to like 'extrapolating' as I would say...e.g. you mention you have a friend and suddenly you have an extensive social life or they see you walk 5 metres and assume you're a retired olympic sprinter... I jest. I certainly understand that frustration at the loss of monies and time for the thus far failed PIP claim but I do still think that you could make this worse by not shifting to a new claim focus which likely has far bigger chances of success than alternative. Getting these benefits isn't really about being right.... if it was then there wouldn't be an assessment... there'd just be a form like in applying for many things where it is assumed what you write is accurate unless there is very good reason to think otherwise such as a medical propensity for lying or facts at odds with each other.

But this is where we are and I think focus on a PIP2 unless you get good information (e.g. a professional opinion based on looking at the facts of the case) to suggest you have a case for error in law made by Lower Tier Tribunal. Got to pick and choose battles... same with your U/C claim.

Sncjw

Have you spoken to an eye clinic liaison officer in regards to support with your sight also I would still check out the legal requirements for driving too. Also they will be able to advise if you can be registered as sight impaired or severely sight impaired.   I believe that if you drive when your not supposed it it can invalidate your insurance