Mandatory appeal

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hi has anyone had their loss of  mobility award overturned at the mandatory stage. The reasons they gave for my wife's loss of mobility were easily disproved. They said she did not take her Anxiety medication which she does daily and she could walk the lentgh of our garden and back which was 60 metres but our garden is only 10 metres long any reponse would be welcome thanks

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  • Posted

    Sorry I can't help but had to say this is disgusting ...my wife has her medical next week and so looking forward to seeing what lies they put ..let's see if they say she can walk upstairs unaided ( we haven't any ) or she drives herself to doctors ( she can't drive ) only a few of the things I've come across after reading lots of forums how many lies they tell ..really they should be prosecuted the lies they tell and get away with .

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  • Posted

    Did you have a home assessment or at a centre?  Did they see the garden?  I think they're probably confusing feet and metres.  20 metres = 65.6168 feet.  I've seen other posts with distances quoted in a decision that were approximately three times the actual distance and I think this may be the case.  Distance is very difficult to estimate so it may be that they really did think it was 60 metres if they judged it themself.  As you say it's easy to prove that it is an error.  I've not been through mandatory consideration but understand the original decisions aren't often overturned but that doesn't mean that wife's won't be as you are able to provide good evidence of a fact that they got wrong.  It's pretty good really, they've stated that she can walk the distance of your garden and back and you can prove the distance.  It would be harder if they'd said something like "I saw her walk 15 metres without pain and at a normal speed and I believe she could walk over 200 metres".  It's harder to argue their opinion.

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    • Posted

      They are low life scum who think only of them self and there wages so tell lies to get what they want .but what I say is God is watching and pay back will be his ..only he judges
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    • Posted

      Hi.  These assessors are on good money, surely they could get a tape measure. ( there is only one way to measure distance and that"s by measuring. )  Ta

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    • Posted

      I don't disagree.  I think the reality is that very few of them will and we'll have to deal with incorrect estimates.

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    • Posted

      After reading lots of forums and comments they are not interested in anyone other than there wages ..I'm a actually going to say to the assessor that I will be getting a copy of the assessment and hop it has no lies on it as I will be taking it further if it has ..won't it go down as fraud ? Because they are fraudulently stating comments that are clearly untrue to take money from a disabled person for there own gain

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    • Posted

      I have just gone through this with my Pips assessment and they stated r ha t my boyfriend drives my sons to school. I sent in a copy of their bus passes. I see hin obce w a week as he lives half an hour away and goes to work at 6.30 am an hour,and a half from my sons school. She also had said that my sons help me cut up my food and help me get dressed. I then am told that no points had been awarded. I was awarded 16 points back in May last year then only 7 points by all yhese lies. It was wgen I wentvthrough the assessment I could see the lies and contradictions and took it to Tribubal stage. I had nothing to live on a single mother. So they were pushing me into working when I was in the Esa support group. I won the case in the end.
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    • Posted

      I would be very careful in saying any of that to the assessor.

      The burden of proving your allegations rests on you. 

      Besides which the face to face assessment report is nothing more than the opinion of one person. Your statement of difficulties contained in the PIP2 form is also the opinion of one person - you.

      You will say that what you claim is the truth as would the assessor.

      You must differentiate between an opinion and a fact. What you write and what the assessor writes are NOT facts - just simply two opinions.

      It's all a question of which statement is more likely than not to be true.

       

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  • Posted

    They are disclaiming that what there statement is true and signing it the same as the disabled person is...if you put something on the form that isnt correct then you can be prosecuted so why can't they ?

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  • Posted

    Hi the only way to get what your entitled to nowadays is to appeal through tribunal they seem to be failing every body I'm waiting to appeal my ESA and was awarded pip through tribunal till next year they called me in for an assessment last week and my pip is not up until next year that was given me through tribunal courts they are evil.you cannot be turned down for a mandatory desision.

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    • Posted

      Have they got the right to ask you back for another assessment if it's been given you through appeal courts ? Didn't think they could if it's been dated until next year

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    • Posted

      I've had an assessment David last week now waiting I hope they can't I. Had a yearly form and ticked my condition had got worse .

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    • Posted

      You may be interested in learning that there is currently a proposal and a call for evidence from the government regarding the down grading of the Tribunal Service. They are intending to do away with the traditional type of Tribunal and bring out a more steamlined digital version. The DWP has suggested that they be the first to have this new appeal hearing in view of the amount of money that they are paying to the MOJ for appeals against PIP and other benefit decisions. The government is sympathetic to their application especially when so many of their decisions are being overturned.

      The intention is to have a system that uses Skype. There will no longer be a need for a doctor or a disability expert to sit on the panel - just a judge - much like a Magistrate Court.

      The claimant will be entirely responsible for the gathering of all of the evidence in support of the appeal and sending it to the MOJ together with a fully reasoned and evidence based court submission. The Judge will connect with you via Skype and ask questions on your submission. The DWP Presenting Officer will also be on Skype (3 way discussion) to put forward the DWP's objections to the appeal.

      The judge will make his/her decision based on the evidence from both sides. the written court submissions as well as the arguments and counter arguments that are made.

      It is reckoned that at least twice the number of cases can be heard in a day and at less than 75% of the cost to the DWP.  

      I feel that the time has come for all claimants to brush up on their adversarial abilities and maybe take a crash course in Litigation and public speaking. 

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    • Posted

      Most claimants on PIP now have timed awards. The rules are that you can be retested at any point in the 12 months before the award runs out.

      Not my rule it was part of the Welfare Reform Act.

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    • Posted

      it seems the disabled are taking the brunt of government under funding-if your rich why worry about little things like the extra cost of being disabled
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    • Posted

      The rules are that you can be retested at any point in the 12 months before the award runs out.

      You are not giving the DWP enough credit.

      ANY PIP award can be re-visted by the DWP at ANY TIME throughout the award period for any reason.

      You WILL be re-assessed for a timed award 12 months BEFORE the award is to cease in any event. If the decision to revise the award based on this re-assessment up or down - it will start from when that decision is made and NOT from when the timed award should finish.

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    • Posted

      They already have!

      They and those claiming JSA/ESA are seen by the government as a soft target because they are judged by the rest to be lazy scoundels, happy to live on benefits that in some cases equates to more than the average full time worker brings home in wages. 

      There is not that much sympathy from the general public for benefit claimants hence why the government can and have got away with hitting them the hardest.  

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    • Posted

      Hi Les this bit the down grading of the tribunal service,where did you find this info.
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