Pip eligibility
Comments
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Muttleythefrog wrote: »Of course not... in fact I don't. But then you must appreciate that does mean the evidence becomes old and potentially irrelevant on both counts of being timely or relevant to the criteria being looked at. Your evidence which you claim indicates that you are seriously disabled may well do that but be so old as to be unreliable or be irrelevant to the specific criteria. It may be that things claimed on the PIP2 are not corroborated by other evidence supplied... it's not like the doctors etc you have seen in the past could have predicted PIP or the criteria.
So in order to conclude and to help others in the same boat what should you do if the evidence is old and that you do not have recent dealings with the consultants or GP other than to get the monthly repeat prescription? The GP hasn't got a clue how I live my life and even if he did it would be no more than he says she says.
You are making an argument that professionals should act professionally... that's perfectly valid and for example you could sue a solicitor for professional negligence. However you were talking about something very different.. which is suing because you don't get the outcome you want.
No not outcome, just plain old advice and help filling in a form. Surely there has to be some redress if that 'professional' does not explain on the from what he/she is told by the claimant? Surely they have a duty to ensure that the claim is made in the hope that an award is forthcoming? That they should act in the interest of the claimant when putting forward a claim? It can't be right that they are so poor in doing the job that the claimant ends up in a worse position because of the quality of the claim process?
Professional advisers will try to give best advice... but they're unlikely to offer any guarantees of outcome... imagine how many defence lawyers or barristers we'd have sleeping on the streets if they could be sued if they lost a case..lol
Personally I would not be looking for any guarantee, only that and the claim is made in a legal way and explains everything in such a way that the claimant has half a chance of getting an award. As you have said a poor quality claim only goes to damage your chance of an award
You need to take responsibility for your failings... and perhaps remember you're not the only PIP claimant in the world... others need advice... not interference.
No doubt there are 1000's of claimants like me in the same boat.. My postings can only but help them too.
My failings? All I have ever done is to seek advice from professionals. I ended up with the JC completing the claim form. I cannot think of one thing that I could have done but didn't by choice.0 -
No help from the benefits point of view but have you ever had a tilt table test?
I was booked referred to one about four years ago but then i was sent off in a different direction. But no doubt they will get around to it, to be honest it's the one test i dread as i feel dizzy enough as it is, without them trying to make me dizzy.0 -
I have tried to multi quote but it does not appear to be working. I appreciate all the replies.
Someone mentioned my dizziness, i can be laying down and just become dizzy. I'm not sure if that would rule out pots, to be honest my symptoms are so varied I sometimes wonder whether i believe me. I say that as i have had a few doctors dismiss is as being psychosomatic, then again i have some who say i need further investigation as in their opinion there is something but they cannot pinpoint it etc etc
I am on ESA and have been for about four years. Strangely they have never once queried why i am still on it and have only had certificates saying pain/dizziness.
I filled out my form myself and sent a covering letter explaining that their form allows no room to really explain properly. I wrote on it that most days i am in pain for several hours and also suffer dizziness etc etc.
I have actually had a tribunal already and won. ATOS sent me an appointment (or so they say) but I never received it. So i did not attend an appointment and my claim was disallowed. I asked for a mandatory reconsideration and that was turned down. So i applied to tribunal and sent a letter as i was not going all the way there and I won my appeal. I was quite surprised when I received the papers and saw that the DWP basically calling me a liar. But when I originally phoned ATOS and said i never received anything from them, they apologised and said they would send out another appointment but the DWP obviously had other ideas.
Thanks once again for all the help. It is greatly appreciated!0 -
Could I just make a suggestion?
The only reason that our resident troll is able to derail a thread is because we respond to him.
Don't respond, simples, then he may make his own thread and we can all argue there with his stupidity.
The problem is that he says things that are incorrect which if not commented on could cause problems for other posters.
I believe that it was suggested that if we all kept quiet he had been reported and he would likely get a ban. Whether he should or not is open to discussion but that didn't happen0 -
I have tried to multi quote but it does not appear to be working. I appreciate all the replies.
Someone mentioned my dizziness, i can be laying down and just become dizzy. I'm not sure if that would rule out pots, to be honest my symptoms are so varied I sometimes wonder whether i believe me. I say that as i have had a few doctors dismiss is as being psychosomatic, then again i have some who say i need further investigation as in their opinion there is something but they cannot pinpoint it etc etc
I am on ESA and have been for about four years. Strangely they have never once queried why i am still on it and have only had certificates saying pain/dizziness.
I filled out my form myself and sent a covering letter explaining that their form allows no room to really explain properly. I wrote on it that most days i am in pain for several hours and also suffer dizziness etc etc.
I have actually had a tribunal already and won. ATOS sent me an appointment (or so they say) but I never received it. So i did not attend an appointment and my claim was disallowed. I asked for a mandatory reconsideration and that was turned down. So i applied to tribunal and sent a letter as i was not going all the way there and I won my appeal. I was quite surprised when I received the papers and saw that the DWP basically calling me a liar. But when I originally phoned ATOS and said i never received anything from them, they apologised and said they would send out another appointment but the DWP obviously had other ideas.
Thanks once again for all the help. It is greatly appreciated!
Okay. So you won the tribunal. When was this and what was said about payment being made/backdated. Just trying to get my head round your actual timeline0 -
Okay. So you won the tribunal. When was this and what was said about payment being made/backdated. Just trying to get my head round your actual timeline
Hi, I won a tribunal about disallowing my claim as I did not receive the appointment. I assume that would not be enough to automatically entitle me to pip and that I will still need an assessment, which I think is right.0 -
Hi, I won a tribunal about disallowing my claim as I did not receive the appointment. I assume that would not be enough to automatically entitle me to pip and that I will still need an assessment, which I think is right.
I'm honestly a little bit confused now. You normally only go to a tribunal to appeal about a decision made on whether or not to award you PIP and the level of that award. Going to a Mandatory Reconsideration is the first step to that. What date was the tribunal?
Someone more versed in this area (like Alice Holt) may have more information - if not I am inclined to suggest you seek advice from your local CAB or advice centre. It would help, perhaps, if someone could look at your paperwork0 -
I'm honestly a little bit confused now. You normally only go to a tribunal to appeal about a decision made on whether or not to award you PIP and the level of that award. Going to a Mandatory Reconsideration is the first step to that. What date was the tribunal?
Someone more versed in this area (like Alice Holt) may have more information - if not I am inclined to suggest you seek advice from your local CAB or advice centre. It would help, perhaps, if someone could look at your paperwork
My claim was disallowed around November for failing to go to my assessment, I applied for a mandatory reconsideration but that was rejected so i appealed to the tribunal and that was won in January. I assume I am waiting for an ATOS assessment.0 -
That's too quick for a tribunal in my experience
I'm going to leave this for someone with more knowledge to respond to
Sorry I can't help. Good luck with it all0 -
Yeah same boat here... think someone with understanding of what has happened here is necessary... it sounds like the appeal wasn't against the PIP decision as such but the DWP claim of failure to comply with process which led to claim failure. This is territory I don't know anything about if so.That's too quick for a tribunal in my experience
I'm going to leave this for someone with more knowledge to respond to
Sorry I can't help. Good luck with it all"Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack0
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