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  • FIRST POST
    • mooners
    • By mooners 16th Jan 20, 2:56 PM
    • 1Posts
    • 0Thanks
    mooners
    What should I do?
    • #1
    • 16th Jan 20, 2:56 PM
    What should I do? 16th Jan 20 at 2:56 PM
    I have limited mobility and on-going health issues due to contracting a serious infection (supported by specialists/other doctors). I was awarded standard PIP in 2016 after assessment with HCP. When it came to an assessment with a different HCP in 2019, I was awarded 0 points. After appealing to the tribunal they awarded 0 points.

    The tribunal also made the hurtful comments (despite never meeting me as it was paper tribunal) that pretty much said "claimant has exaggerated mobility issues" and "as well as agreeing with the 2019 HCP assessment where claimant was awarded 0 points, the panel also asserts that claimant should not have been granted an award in 2016 in the first place and the original HCP was in error. We may have revised the 2016 decision but did not decide to do so in this instance."

    I don't know how they can make a threat like this. If I appeal (my CAB representative thinks I'd have a good case regarding 'errors in law' as the panel didn't acknowledge the doctors letters I provided at all in their statement of reasons, despite me having a functional exam in one of them showing limited mobility), do I risk being fined/ordered to pay back my previous award that was granted between 2016-2019?

    Are the tribunal getting above their station? I assumed the 2016-2019 is a separate decision and as it was never appealed against, would be completely separate. The appeal that has gone to the tribunal has been the 2019-present one, which I want to continue appealing but am feeling intimidated now.


    What should I do?


    Please help as I only have less than 2 weeks to reply to them.

    Thanks
    Last edited by mooners; 16-01-2020 at 2:58 PM.
Page 1
    • Mrsn
    • By Mrsn 16th Jan 20, 7:45 PM
    • 236 Posts
    • 208 Thanks
    Mrsn
    • #2
    • 16th Jan 20, 7:45 PM
    • #2
    • 16th Jan 20, 7:45 PM
    Unfortunately I’m not in the position to give you any in-depth advice but my understanding of their response is that they aren’t intending to do anything about the previous award.

    Therefore you are certainly free to appeal the decision for 2019. If the CAB advisor feels you have a reasonable prospect of a different outcome and you are mentally prepared for the time and energy it will take then I see no reason why you shouldn’t but I am not an expert in these matters.
    • calcotti
    • By calcotti 16th Jan 20, 7:58 PM
    • 4,446 Posts
    • 3,019 Thanks
    calcotti
    • #3
    • 16th Jan 20, 7:58 PM
    • #3
    • 16th Jan 20, 7:58 PM
    Your CAB representative who is familiar with the full facts is in a much better position to advise you than anyone on this forum.
    • Alice Holt
    • By Alice Holt 17th Jan 20, 4:22 PM
    • 3,571 Posts
    • 4,148 Thanks
    Alice Holt
    • #4
    • 17th Jan 20, 4:22 PM
    • #4
    • 17th Jan 20, 4:22 PM
    One bit of advice I would give you is (that if your representative does get the decision overturned on a point of law) opt for an oral hearing and give verbal evidence in person.
    You are much, much likely to succeed by explaining your day to day life at the hearing.
    Otherwise the only evidence the tribunal panel may have before them is from the DWP.

    You could reapply for PIP, of course.

    Unless your previous claim was fraudulent, you will not have to "pay back" monies from the previous award.
    Last edited by Alice Holt; 17-01-2020 at 4:27 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Cherryscone
    • By Cherryscone 17th Jan 20, 4:42 PM
    • 1,369 Posts
    • 1,018 Thanks
    Cherryscone
    • #5
    • 17th Jan 20, 4:42 PM
    • #5
    • 17th Jan 20, 4:42 PM
    Defo Appeal and opt for an oral hearing this time
    ~We are all going to hell and guess whos driving the bus~


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