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PIP MR request - Activity 9 - Clarification over case law

edited 30 November -1 at 1:00AM in Benefits & Tax Credits
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  • DemeraraDemerara Forumite
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    My written submission (5 pages) and further evidence are now in the post. As mentioned previously, I was contacted and asked to participate in their online decision making pilot and I have agreed.

    I will update once I have the outcome but regardless of what the decision is, thanks so much everyone for your guidance and support, particularly Alice Holt
  • calcotticalcotti Forumite
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    Demerara wrote: »
    My written submission (5 pages) and further evidence are now in the post. As mentioned previously, I was contacted and asked to participate in their online decision making pilot and I have agreed.

    I will update once I have the outcome but regardless of what the decision is, thanks so much everyone for your guidance and support, particularly Alice Holt

    If you feel like posting, I (and I expect several other regular posters) would be very interested to hear about your experience of the online decision making process.

    Good luck.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • DemeraraDemerara Forumite
    156 posts
    Part of the Furniture Combo Breaker
    Hi everyone,

    So ... not quite the update I wanted but I have now been notified that my info was reviewed by the tribunal and that they have decided that a hearing is required.

    Wonder if that puts me right at the bottom of the queue for a hearing date?

    Anyway, I think it goes back to people struggling to understand the implications of my disability because I feel I had enough evidence on file.
  • poppy12345poppy12345 Forumite
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    Demerara wrote: »
    Hi everyone,

    So ... not quite the update I wanted but I have now been notified that my info was reviewed by the tribunal and that they have decided that a hearing is required.

    Wonder if that puts me right at the bottom of the queue for a hearing date?

    Anyway, I think it goes back to people struggling to understand the implications of my disability because I feel I had enough evidence on file.
    It's rare for anyone to receive a decision without having to appear in person at the Tribunal hearing.


    It doesn't mean they don't understand your disability, it just means they will always prefer you to appear in person, which is why paper based hearings have such a low success rate, which is between 5-8%. Compared to over 70% for those that appear in person.



    Backlogs for hearing dates are huge in most areas and lots are waiting as long as 1 year for a hearing date, so expect a long wait i'm afraid.
  • DemeraraDemerara Forumite
    156 posts
    Part of the Furniture Combo Breaker
    Hi poppy12345

    I understand this but I opted in for the online resolution pilot which supposedly meant that they are attempting to resolve appeals online without having recourse to hearings. I did not expect this outcome to be honest, the way I read about the process online would be that if any further clarification is needed, this would be done through the online platform then the virtual tribunal will take a decision. The appellant then has the choice whether to accept the decision or request a hearing. Perhaps I got it wrong? I have to admit I volunteered without being properly informed and when I asked for further details, only got a generic automated style response.
  • calcotticalcotti Forumite
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    Perhaps they are discovering the limitations of trying to resolve appeals online..
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • edited 28 November 2019 at 9:13PM
    DemeraraDemerara Forumite
    156 posts
    Part of the Furniture Combo Breaker
    edited 28 November 2019 at 9:13PM
    I received an explanatory email today and as calcotti rightly guessed, the panel that reviewed my info felt that a hearing is needed because of "conflicting evidence within the Appeal Bundle". :(:huh: What does that mean?

    The panel also asked me to send in any further medical evidence before the hearing. Does this mean that I have insufficient evidence? Do supporting letters from health professionals need to be explicit about the impact of my condition or is it enough that I have a diagnosis?

    How do I prepare for my hearing when I do not know what the "conflicting evidence" is about?
  • edited 28 November 2019 at 9:31PM
    poppy12345poppy12345 Forumite
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    edited 28 November 2019 at 9:31PM
    Demerara wrote: »
    I received an explanatory email today and as calcotti rightly guessed, the panel that reviewed my info felt that a hearing is needed because of "conflicting evidence within the Appeal Bundle". :(:huh: What does that mean?

    The panel also asked me to send in any further medical evidence before the hearing. Does this mean that I have insufficient evidence? Do supporting letters from health professionals need to be explicit about the impact of my condition or is it enough that I have a diagnosis?

    How do I prepare for my hearing when I do not know what the "conflicting evidence" is about?
    Conflicting evidence means there's something that contradicts something else, which is why you should always go through all your evidence with a fine tooth comb.


    The reason they are asking for more evidence is probably because of the contradictions.



    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.


    I'm assuming the evidence you sent was copies? this means you must have the originals, so you can check what's already been sent. If you didn't keep copies then you'll need to make sure you double check the bundle when you receive it.


    Face to face advice would be very useful here, once you receive that bundle. Speak to an advice agency near you.
  • DemeraraDemerara Forumite
    156 posts
    Part of the Furniture Combo Breaker
    Thanks poppy 12345 :)

    I was aware that a supporting letter could potentially be perceived as contradictory ... a letter which a health professional wrote after I shared a specific situation which I found extremely difficult to deal with at work. The health professional then wrote my manager a letter explaining how difficult it is for me but they wrote it in a generic way, obviously, not referring to that particular situation. Now I am thinking I should have perhaps insisted for another support letter to the drafted specifically in support of my PIP appeal.

    I understand how PIP is awarded according to the descriptors, however, is it necessary to have medical evidence of the IMPACT of the condition? What if I have been discharged by hospital but nonetheless have to deal with the day to day consequences of my disability?
  • poppy12345poppy12345 Forumite
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    Demerara wrote: »
    however, is it necessary to have medical evidence of the IMPACT of the condition? What if I have been discharged by hospital but nonetheless have to deal with the day to day consequences of my disability?
    No, medical evidence is not really needed but have HMCTS specifically asked for medical evidence?



    When you write your submission make sure you go through which descriptors you think apply to you and give a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.



    This link may help, scroll down to number 9 onwards. https://www.advicenow.org.uk/guides/how-win-pip-appeal
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