PIP appeal

poppy12345

tifo said:

I'm told that the DWP rarely attend an appeal, is this correct?

Answered on your other thread. https://forums.moneysavingexpert.com/discussion/6355243/uc-lcwra-appeal#latest

tifo

Have the appeal in a few days .... the DWP attended my WCA appeal so i'm expecting them to come to this too.

tifo

tifo said:

Have the appeal in a few days .... the DWP attended my WCA appeal so i'm expecting them to come to this too.

This afternoon .... DWP are attending in person.

Any last minute pointers?

tifo

I think the appeal didn't go well, the judge wasn't nice and even said the eye and gout photos I had could've been taken on the day and then I was fine, totally unreasonable as it's clear from the photos that they're not going away in a day. The Dr who was present would know this.

tifo

In my WCA appeal I got LCW for mobility and risk. If this PIP appeal follows the same points i'd get the lower rate .... but depends if they do.

Spoonie_Turtle

Sorry to hear you don't feel it went well.  For your WCA we asked about representation but I'm not sure what the situation with the PIP appeal was?  If you don't think the resultant decision is correct then you should definitely try to find someone to help, because you'd only be able to appeal if they've made a legal error.  

PIP is based on the majority of the time and 'reliably': repeatedly, safely, in a timely manner and to an acceptable standard, so the activities should consider risk of harm https://pipinfo.net/issues/reliably

poppy12345

Sorry it didn't go well. I wouldn't personally send photos in for any claim because i always think that the pictures could be of anyone and it doesn't really explain anything about how your conditions affect you. What they want to know is exactly how your conditons affect you.

If the worst happens and you're refused you'll have 1 month to request the Statement of Reasons and Record of Proceedings. You will then need to find someone to take a look to see if they can find the error in law.

Usually the decision letter is received within a few days.

tifo

For your WCA we asked about representation but I'm not sure what the situation with the PIP appeal was?  If you don't think the resultant decision is correct then you should definitely try to find someone to help, because you'd only be able to appeal if they've made a legal error.  

I went myself, no representative.

They concentrated on the 1 month of the assessment in September. At that time I was better, from Feb to Sept I wasn't. I made it clear.

I mentioned that they're to look at 3 months before and 9 months after the assessment and 50% or more. The judge said that's not how the calculation is done, they can look at 1 week and 4 days is a majority so "how was I in that week". I was OK in that week. Not not many other weeks in the previous 3 months and since it's 10 months since the assessment I wasn't well for many months in the 9 months after it. I said this.

tifo

poppy12345 said:

I wouldn't personally send photos in for any claim because i always think that the pictures could be of anyone and it doesn't really explain anything about how your conditions affect you.

Obviously it was me. Many pictures are of my face with the eye condition symptoms. And many showing gout symptoms.

calcotti

tifo said:

I mentioned that they're to look at 3 months before and 9 months after the assessment and 50% or more. The judge said that's not how the calculation is done, they can look at 1 week and 4 days is a majority so "how was I in that week". 

If the judge did indeed say that and the Record of Proceedings show that then there we’ll be a case of an error law which would permit an second tier appeal.

Regulation 7 makes clear what the required period is.