PIP claim /DLA renewal

[mikeymack2002]

fletch70:

 

 

As you know DWP is on the cut big time. As you maybe aware that you need to inform them if there is a change in your circumstances that might affect your money, which could make the amount go down as well as up. So inform them of the change asap.

 

 

My honest answer would be to submit the changes with your new report as evidence. They will then need to review your claim within a short period of time. Although from what you have said it makes sense to you but may confuse the DWP somewhat. Just remind them that a disorder of the mind is a disability and as such you should have allowances made.

 

 

You should make sure you get copies in writing of anything they ask of you at anytime and if they fail you can bring this to the attention of the advisors supervisor! If it take the advisor several attempts to get you to CLEARLY understand what is being said to you then so be it. I would also make notes as often as you can.

 

 

Have a look at my sticky regarding a diary for daily use, it may pay you to download it and make several copies and use it as often as you can....

[fletch70]

Hi Mikey

 

I have spent the last two evenings submitting additional info for the tribunal.

 

First note is that the HCP used info from a previous claim to help him make the original decision , to make it worse, the info that is recorded as being used is not the info that they included in the pack they sent me , two different letters.

 

The DWP DM repeatedly reported that there was no cognitive impairment so I have sent a general report written by two psychiatrists that say gambling is a recognised impairment with similar characteristics to alcoholism and drug addiction, in other words there are cognitive aspects to it

 

I have included a copy of my Dyslexia diagnosis that says under pressure of when multi tasking I am likely to have difficulties organising and remembering and that tasks take me much longer than a 'normal' person

 

I have downloaded your twelve point checklist and had started filling it in daily however had stopped. As my OH is away at the moment i have started again as being by myself will give me the best picture of my capabilities .

 

I also noticed a GP report that was completed by a GP who I had not seen for several months unlike the GP who I named who had seen me several times in the preceding weeks

[fletch70]

Just an update

 

I have my tribunal date for 31st July in sunny nunny (Nuneaton).

I have , on and off been using Mikeys diary which I will start using daily from now on, gives me two months but i will have to miss a few days out while I am in a hotel.

 

I have got the support from the welfare rights team at the students Union , two people have looked over it and think my case is good and I will be accompanied by one of them for the appeal, we will meet prior to the hearing to review the case

[fletch70]

Wish me luck please, got my Tribunal at 10 am tomorrow morning

 

I am being accompanied by the welfare rights lady from the students union

 

I have printed off my appeal letter and my response to the DWP response if that makes sense . This is for easy reference although I will also have the whole appeal pack

 

Major questions I will have, which decision am I appealing, the original decision of 5 points or the revised decision after MR of 7 points. The response to the appeal from the DWP was beyond a joke referring to documents that were not included in the pack and including documents that were from a previous claim

 

I am going to be completely honest about my living arrangements which is that although I have my own place, now at least during the long vacation I am spending most of my time at my partners

[honeybee13]

Good luck, Fletch, please let us know how you get on however it goes.

 

I'll be thinking of you.

 

HB

[mikeymack2002]

Good luck Fletch hope it goes your way looking forward to the update when you get it

 

 

MM

[fletch70]

Well it lasted all of ten minutes. The judge adjourned it

 

The reasons for adjournment were

1) I had recorded my initial assessment and transcribed a little , there was no one present from the DWP present so the Judge wanted someone there so they could listen to the whole assessment

2) The DWP had mentioned documents from a previous claim but had not included them in the bundle

 

I have had this appointment for 2 months and they wait until today to tell me that it is adjourned.

 

It was also the same judge who turned down my appeal over a year ago

 

Oh and the decision I am appealing is the original decision and not the mandatory reconsideration

[mikeymack2002]

What a waste of time the DWP are. Sorry this has not be concluded yet but soon it will be, just keep chipping away at it.

[fletch70]

I have been mulling this over

 

As the judge was part of my last losing tribunal and I tried to take it to the next tier because i don't believe she gave me a fair hearing do I have the right to move it to another venue or ask for a different judge?

[mikeymack2002]

It often helps if the Judge is the same but you can ask for a new Judge to sit if there is a conflict in the decision.. (I believe)

[fletch70]

Thanks Mikey

 

More mulling over and I think I will just let it roll on for now. Should they listen to the recording there is little doubt it will show the assessor/system up for being wrong

[fletch70]

Finally had the 'new' evidence from the DWP

 

They are asking that the recording is not allowed claiming it to be a clear abuse of the assessors Human rights although they do not say what human rights. I have had a look at the HRA and can not see anything, The only Article they could claim is Article 8 but that does not cover public life.

 

As for the panel, it appears that all those involved in the adjourned appeal are barred from taking part in the next hearing, that is by order of the judge

[fletch70]

My hearing was adjorned , I had a phone call the morning of the hearing saying the panel were adjourning it for reasons unspecified.

 

I now have to wait even longer and also go and see HB to hand in my new financial details

 

Its a bit mad, currently I get a loan and grant for student finance which will all be classed as income, this will reduce my HB but if i get HB I qualify for the special support grant which is not counted as income and my HB will then increase

 

That is so long as the council actually interpret the law correctly which they didn't last January until they changed their minds and sorted it

[fletch70]

Finally had my appeal on Friday. I have not got the decision yet, it will be posted on Monday.

 

A few bizarre things happened

 

DWP did not turn up even though they had been ordered to be the judge- my suspicion is that when the 2nd adornment happened they were not informed of the new date

 

The judge refused to allow the playing of my covert recordings

 

I was questioned as to why I had not queried the lack of notes from the first assessment and offered a 3rd adjournment

 

It was interesting about managing therapy where to get one point the definition is either or and it was conceded that I needed both but the judge claimed that this did not warrant an extra point so why had I appealed it - he also claimed that he was on lots of medication and he could manage them so why couldn't I.

 

I do think they were looking to give me a point there but I think I blew it

 

So it comes to- cooking a meal and taking nutrition - all depends if they think it is a choice that I survive on ready meals and purchasing meals at Uni when my OH is not around

 

I will update once I have the result

 

I do wonder - by not allowing the playing of a covert recording when the DWP knew I had it and in my appeal letter I had offered to transcribe it all - have they left a possible avenue to the UtT as there is case law , albeit employment tribunals , allowing the use of covert recordings

[Nystagmite]

So it comes to- cooking a meal and taking nutrition - all depends if they think it is a choice that I survive on ready meals

 

I was told I could do this. (except, due to my inability to understand instrictions properly, they're not always cooked properly) But if you look at the actual criteria, it does say cooking a meal from scratch. IE, a recipe and fresh ingredients and not a ready meal.

[mikeymack2002]

Keep an eye on this my friend as there are even more changes in the pipeline for which I am about to start a new thread on, but for you have a look at what's going to happen over the next 5 years or so! See below for my link

 

 

http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/timetable-forthcoming-welfare-benefits-changes#early2017

[mikeymack2002]

The thread is already up and running please see it here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?472922-See-what-s-going-to-happen-with-befefits-from-2017&p=4980202#post4980202

[fletch70]

Hi Mikey

 

Some of the changes regarding tuition fees will be good, if you remember be my belief that education should be free. The definition of STEM subjects is being extended and finance loans will be available for part time students to cover living costs although I don't know the details yet apart from it starting in 2018

 

I am just hoping but doubt if I will find out u til im home again next Tuesday.

[fletch70]

Well I lost my appeal and have had the paperwork .

 

I am a bit confused, it says that i have a month to either ask for a set aside or for a statement of reasons , it then goes on to say that I have a further month from the application for set aside being refused or the statement of reasons being issued to apply for permission to appeal

 

The guy on the phone said that it was actually 1 month for statement of reasons and then I had another month to apply for a set aside and then once that is done another month to apply for leave to appeal

 

Anyone know which it is?

 

Another question , and I have two answers at diffferent times

 

At my appeal are they assessing my condition on the day of the decision or the day of the appeal - these were nearly 12 months apart ?

[Nystagmite]

It's based on how you were at the time of the assessment and not now.

[fletch70]

It's based on how you were at the time of the assessment and not now.

 

Thanks, that is what I thought but the original judge who adjourned the hearing had said it was based on how I was on the day of the hearing although the Judge on the day said it was how I was on the day of the decision

[speedfreek]

Well I lost my appeal and have had the paperwork .

 

I am a bit confused, it says that i have a month to either ask for a set aside or for a statement of reasons , it then goes on to say that I have a further month from the application for set aside being refused or the statement of reasons being issued to apply for permission to appeal

 

The guy on the phone said that it was actually 1 month for statement of reasons and then I had another month to apply for a set aside and then once that is done another month to apply for leave to appeal

 

Anyone know which it is?

 

Another question , and I have two answers at diffferent times

 

At my appeal are they assessing my condition on the day of the decision or the day of the appeal - these were nearly 12 months apart ?

 

As Nysty says time of decision for the 2nd question as for 1st question........

 

Basically you have a month from this tribunal decision to ask for a set aside on either a procedural error or an error of law. Here you request the Upper Tribunal to look at the decision of the First tier Tribunal [FTT] you've just had.

 

Whilst you should have a decision letter from the Court you can ask for a more detailed version showing their exact reasoning called a Statement of Reasons - This delays matters whilst the Statement is produced and also sets the clock for asking for a set aside (as described above) to the date you receive it.

 

Now what should you do is the question?

 

If you think that you are still eligible for PIP re-apply. At present there is no limit on attempts from what I can tell.

 

I say this as you will need help for a set aside (this isn't like asking the DWP to look at it again), there is also the fact it could take months for a statement of reason to be produced and until received you sit there. Then you write your reasons, a judge looks at it and even if its in your favour will usually mean another FTT which all takes time! - by all means ask for one but unless there is something obvious or you get professional help - CAB or local Law centre might be a good shot? - don't expect much.

 

Forget about covert recording and the like as all they do is prove he said she said etc. They can not an will not prove that you meet the criteria for PIP which is what you need to concentrate on!

 

I meet the criteria for PIP because under activity;

a

b

c

d

e

[fletch70]

Hi

I think I can get the students union to help me with the set aside application

 

My reasons for a set aside are

1) The tribunal judge did not allow the playing of two covert recordings which would have cast doubt on the integrity and knowledge of the HCP

2) In coming to the decision, the HCP relied on documents that had been provided for a previous claim, as my condition had changed and worsened this was irrelevant

3) The tribunal relied on the HCP report -see above , the review by another HCP which used the first report and on the day

 

 

The thought about reapplying may be useful

 

When I last applied I was very worried about being seen to be living with someone, I spend almost every evening and night with my partner which I was not entirely open about. I currently get HB and student finance as a single person- we both maintain separate homes .

 

I think the fact I am a full time student was against me as while they accept I have compulsive gambling issues as well as anxiety and depression they seem to think my cognitive abilities are ok.

 

I did last in my appeal why I met the criteria.

The section on medication is confusing as for 1 point you need an either or but if you need both it is still 1 point.

[Lapsed Workaholic]

Seems you are starting again this year with a less than happy one. Sorry to learn of the unfavourable result of your appeal after you having taken over a year to prepare for it.

Anyway, those difficulties aside, I wish you a Happy New Year.

If nothing else this gives you the opportunity to start again from fresh, as it were. I am beginning to see signs already, after only a very few days, of you going down as similar path to the unsuccessful one you took before and rather than taking and securing things one step at a time you are going over the same old stuff that you spent the past year regurgitating with little success.

Surely the obvious next step would be to request a full and comprehensive statement of reasons for the decision that has just been reached.

Subsequent steps will surely have to depend on the contents of that statement. The statement itself may very well present you with leads as to the next move.

[fletch70]

Thank LW and HNY to you as well

 

I have applied for the statement of reasons and am seeing the welfare rights advisor from the Students union in two weeks. She has said that the Union may be able to help me find representation for the UtT if needed but that decision is a long way off. I am a lot more relaxed about things this year and as you say can only wait until I receive the written statement of reasons.