PIP appeal

poppy12345

Citizens advice will not help with this stage, which i advised on your other thread. https://advicelocal.uk/

Why are you continuing to mix both PIP and LCW/LCWRA together. They are different benefits with different criteria.

For the moving around part of mobility PIP they look at your ability to stand and walk. For LCWRA it's mobilising, which includes your ability to use a self propel wheelchair, this isn't considered with PIP.

tifo

Read the statement and they've basically repeated what the assessment said and seem to think I go to the Trafford Centre all the time so can walk around and be around people! I can't remember saying this and there was covid in 2020/2021. I've not been to the Trafford Centre for at least 4 years.

They say I can drive fine and if I had gout I wouldn't be able to. I've said in the form, the tribunal evidence and at the hearing that I drive only when I can and that with gout or eye flare up I do not drive.

They've said "We preferred the evidence of the HCP as it was more consistent". I've said that the report was full of lies and said I can do things which I didn't even mention. And everything it said I can do was during the good days, none of it said I can't do an activity because of my medical conditions.

I don't say i'm affected all the time but combined they are over 50%.

Though WCA and PIP have different criteria, a week earlier the WCA tribunal gave me 6 points for being able to walk up to 200 metres whereas this PIP tribunal gave 0 points for being able to walk over 200 metres. Same evidence. I can either walk under/over 200 metres or not. The PIP form was part of the DWPs WCA evidence and the tribunal asked many questions from it.

tifo

poppy12345 said:

Citizens advice will not help with this stage, which i advised on your other thread. https://advicelocal.uk/

I've looked at advice local but there's nobody they point to apart from Citizens Advice and Turn2us. There's no pointers for a tribunal appeal.

poppy12345

tifo said:

Though WCA and PIP have different criteria, a week earlier the WCA tribunal gave me 6 points for being able to walk up to 200 metres whereas this PIP tribunal gave 0 points for being able to walk over 200 metres. Same evidence. I can either walk under/over 200 metres or not. The PIP form was part of the DWPs WCA evidence and the tribunal asked many questions from it.

I don't think it matters either way because even if you had scored points in the moving around part it would have only been 4 points, which wouldn't have been enough for a mobility award.

I'm sorry but in my opinion you concentrated on the wrong things for each Tribunal and mixed up to the benefits, which didn't help you.

peteuk

tifo said:

Though WCA and PIP have different criteria, a week earlier the WCA tribunal gave me 6 points for being able to walk up to 200 metres whereas this PIP tribunal gave 0 points for being able to walk over 200 metres. Same evidence. I can either walk under/over 200 metres or not. The PIP form was part of the DWPs WCA evidence and the tribunal asked many questions from it.

So which do you agree with? Can you walk up to 200m or can you walk over 200m? When your gout flares up can you stand and walk unaided?

I don't say i'm affected all the time but combined they are over 50%.

It doesn’t matter about the combination, its the individual conditions do you have gout the majority of the time?  Does you eye condition stop you from walking?

Sadly these are the things they look at, if they can discredit the activity more than they can support a scoring descriptor, then its zero points.

tifo

peteuk said:

tifo said:

Though WCA and PIP have different criteria, a week earlier the WCA tribunal gave me 6 points for being able to walk up to 200 metres whereas this PIP tribunal gave 0 points for being able to walk over 200 metres. Same evidence. I can either walk under/over 200 metres or not. The PIP form was part of the DWPs WCA evidence and the tribunal asked many questions from it.

So which do you agree with? Can you walk up to 200m or can you walk over 200m? When your gout flares up can you stand and walk unaided?

I don't say i'm affected all the time but combined they are over 50%.

It doesn’t matter about the combination, its the individual conditions do you have gout the majority of the time?  Does you eye condition stop you from walking?

Sadly these are the things they look at, if they can discredit the activity more than they can support a scoring descriptor, then its zero points.

I don't agree with either distance. When my gout flares up I can stand in pain but hardly walk 10 metres without needing to rest, 200 metres is no chance. When it's then moderate for maybe a week I can stand and walk but not more than 200 metres. I've always said this. The tribunal panel's Dr knows this, they commented on how painful it can be. I do have gout a lot of the time, it nears 50% if not over. Last year I had it for 7 months, though most of it mild.

The eye conditions don't stop me walking but they do affect my daily activities.

tifo

What i've got here is a tribunal panel that's quoted the medical report, which itself did not follow guidelines such as considering bad days also, or looking at my evidence submitted or even getting medical records from my GP, it only talks about what I can do on the good days and there's assumptions about walking. It only looked at my PIP form and says so. I've detailed it in this thread.

The text in the statement of reasons which says I can do this and that is all taken from the medical report which is about the good days. If my conditions affect me, say, 51% of the time then 49% of the time i'm ok. The medical report and thus the statement of reasons concentrated on the 49%.

The statement of reasons clearly says they believe the HCP and not me and at the hearing the judge said she doesn't trust my evidence even though it was hospital letters, GP fitnotes, information about my conditions and when from, and lots of photos of when my conditions were affecting me so they can see what happened. Therefore I think I didn't get a fair hearing. None of my evidence or statements make things up, i clearly explained my conditions and how they affect my daily living and provided evidence.

tifo

poppy12345 said:

I'm sorry but in my opinion you concentrated on the wrong things for each Tribunal and mixed up to the benefits, which didn't help you.

Like I said, I had to. The DWP mixed the two. In my WCA appeal they also submitted my PIP form and medical report in their bundle and the questions from the tribunal quoted either medical report. At times it was hard remembering which one they were quoting from. There were some things said in the WCA report which were not in the PIP report and vice versa so I managed. The WCA appeal was all about daily living so was like a PIP tribunal, with the DWP saying that if i'm OK with my daily living then i'm ok to work.

calcotti

tifo said:

What i've got here is a tribunal panel that's quoted the medical report, which itself did not follow guidelines such as considering bad days also, or looking at my evidence submitted or even getting medical records from my GP…

It’s not the role of a tribunal to obtain evidence.

That they took the HCP report into account in preference to your evidence might be an error in law which could possibly be challenged.

Alice_Holt

Have you identified a material error in law in the FT Tribunal's statement of reasons ?