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I have my appeal in the tribunal court on Thursday the 6th of December

chelle77chelle77 Posts: 6Member Listener
edited December 7 in PIP, DLA and AA
HI I have my appeal in the tribunal court on Thursday the 6th of December 18 ,this has been in there hands for over a year and even though my doctor has written many letters that I cant go they are forcing me as they said they will just give a no answer if I don't, I feel I have been a victim of metal health and it so real for so many people and that is other reason for going to speak up for the people who are ill and need help and being robbed of this extra money , I used to have a special person in 5 mornings a week to sort things out and prepare tea for my boys and helped with cleaning and washing and my personal hygiene , I haven't had this now for over a year as I couldn't afford her without this income, which has put a massive stain on our daugher ,I was on PIP before and didn't think there would be a problem but there was the lady who came out wrote what she wanted and didn't listen to anything I had to say. So roll on Thursday wish me luck I haven't been out of the house for months , if anyone has any advice would be great 

Replies

  • JennysDadJennysDad Posts: 2,308Member, Community champion Chatterbox
    Hello @chelle77 and a warm welcome to the community. I do, of course, wish you the very, very best of luck.
    Others will respond to your message in due course, though things tend to be quiet this late in the evening. I am going to refer your post to our benefits advisors, too, in he hope they might be able to offer you some assistance.
    So sorry you're having such a hard time,
    Warmest best wishes,
    @JennysDad
  • Pippa_ScopePippa_Scope Posts: 4,873Administrator Scope community team
    Hi @chelle77, and a warm welcome to the community!

    Wishing you all the best for your assessment, and fingers crossed this is the beginning of much easier times for you. Please do let us know how you get on. In the meantime, you may find Scope's page on appealing DWP decisions helpful.


  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    Some tips for the day:

    1) Concentrate wholly on what you were like on the date of claim.

    2) There are no “trick” questions. Tribunals are usually listed 20 minutes apart so, apart from the appeal papers, they need questions which cut across lots of functions. So the car question is brilliant because it indicates grip; mobility; dexterity; the ability to do something repeatedly; concentration and stamina. Instead of thinking negatively about such stuff think about what they’re getting at and your answers will be much better and more detailed. Similar questions include whether you’ve been on holiday recently. It feeds into mobility (getting across an airport); stamina; the ability to cope alone; the need for aids and appliances.

    3) There are no set rules or order for a hearing beyind the requirement that it must be seen to be fair. 

    4) Watch the judge’s pen. All three members may take notes but only the judge writes a record of proceedings. If you don’t want them to miss anything then remember that they can’t write as fast as you can speak, so watch their pen and slow down. Don’t worry about going too slow. They will tell you if you do.

    5) Never interrupt any tribunal member. It is perfectly okay to challenge them provided it’s not rude or aggressive. However, think about whether what you’re challenging them on is directly related to points. If it’s not then better to focus on points. This is especially important because loads of people second guess the demeanour of tribunal members as determining whether they are pro or against and it’s largely nonsense. An aggressive, challenging member may well just be a poor communicator and wholly on your side right up to the point you challenge them etc.

    6) Get yourself a representative and travel to the venue by whatever means makes you feel comfortable. It’s only ever an issue if you don’t explain what you did in full and if doing so contradicts your other evidence in some way for daily living and /or mobility.

    7) Same goes for clothes. You need to wear whatever makes you feel comfortable and relaxed. If you’re not relaxed then the likelihood of you presenting well are much reduced. Dressing down is not a good idea unless that all you can afford. A person who feels naked without make-up or a suit abd tie will similarly be over stressed if they try to pretend they’re in their comfort zone dressing down. 

    8) Other people’s tribunal experience can be valuable but it’s just that. Their experience. If they lost then it’s the tribunal to blame. If they win they everything they did is why they won and what you must do. The truth is usually very much in between.

    9) Know your case. What points are you going for and why. What’s your evidence? “The HCP was a liar” is neither evidence nor a winning strategy. Also, know the appeal papers. What’s where. 

    10) Do not be tempted to claim you’ve worsened since the date of claim. That’s a recipe for a failed appeal and an invitation to make another claim. Even if you have got worse always concentrate on your date of claim and what you were like then.

  • affii1993affii1993 Posts: 52Member Whisperer
    @chelle77 what’s the update please hope it went well?
  • 70keepgoing70keepgoing Posts: 8Member Listener
    @chelle77  
    Hope everything went well for you today 
  • chelle77chelle77 Posts: 6Member Listener
    Hi I lost in court 
  • chelle77chelle77 Posts: 6Member Listener
    I was phoned by the court in the morning saying I didn't have to go due to stress, but the letter I have does say I was to ill to attend 


  • affii1993affii1993 Posts: 52Member Whisperer
    @chelle77 what will happen now
  • markyboymarkyboy Posts: 298Member Chatterbox
    Unless you can appeal on a point of law this is the end of the road
  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    Very much a long way from the “end of the road”! 

    Your next step is to request a statement of reasons AND the record of proceedings. You will then need face to face advice to explore whether or not there are grounds for a set aside or to appeal to the upper tribunal on a point of law. Contrary to many who assert the latter are hard to find that is absolutely not the case. It’s near impossible for tribunals to make decision which dint contain some error of law and in your case it will be interesting to see whether they explicitly record, for example, what consideration they gave to whether you should attend in person. Recent case law is quite clear that when you request a paper hearing the tribunal must nevertheless both consider and record their reasoning as to why a paper hearing was appropriate. 

    Reading back your original post I doubt HMCTS will have advised you or your GP that if you didn’t attend you would lose. More likely they may have advised that the chances of winning if you don’t attend are hugely reduced. You don’t mention having a representative and that may have also damaged your chances of success. It does read as though more energy went into ensuring HMCTS understood you wouldn’t be attending than it did ensuring you had sufficient evidence and your case was well presented in your absence.

    At this stage you now have no choice as errors of law are not really something you can deduce by yourself. Look for your local independent advice centre, law centre or local authority welfare rights service. Ignore people who tell you their woes in seeking representation. It is out there in most places even when severely reduced. Looking for errors of law is also one of those situations where, in the absence of free advice, a solicitor may be briefly appropriate. 

    Do not, at this stage consider a new claim. Unless you do something radically different in how you prevent your case it’s odds on you will get the same outcome and only end up back in the MR/appeal process anyway. 

    So, act quickly do request the SOR and ROP; get yourself some face to face advice and go from there.
  • April2018momApril2018mom Posts: 131Member Chatterbox
    Act quickly as possible. Request a statement of reasons and a record of proceedings too. Obtain face to face advice regarding your next steps. Did you have a representative or not?
    Get in contact with your local advice centre or law centre immediately. Don’t begin a fresh claim until you have had advice and have stopped panicking about the decision.
    Keep us updated. 
  • Pippa_ScopePippa_Scope Posts: 4,873Administrator Scope community team
    Oh I'm so sorry to hear this @chelle77, that must have been really disappointing news.

    You've had some great advice from our community members about potential next steps, so please do keep us updated and we'll advise where we can.
  • chelle77chelle77 Posts: 6Member Listener
    Thank you so much for all your advice I will look into this, I am just exhausted with it all and my metal state has been very badly affected, it was so unfair that they said no to go as I think they had all ready mad there minds up in the morning, there is so much what isn't true in the advisers report even to the point that I have a daughter and take her to nursery ( I don't has a daughter) only my stepdaughter who is 16 and she has had to change her life to help and cook and clean and its put a strain on her that she now has counselling at school and her grades have suffered.
    The only other thing with a new claim I am now on much more meds and have had a diagnoses of : prominent functional neurological disorder which has affected my right hand its now numb : also narrowing of the exit foramina at c6 of my neck, so root entrapment at this level is contributing to a double crush , carpel tunnel and spondylosis in my neck 
    So do I go down this root or just do a new claim   
  • Pippa_ScopePippa_Scope Posts: 4,873Administrator Scope community team
    That really is frustrating, @chelle77! I hope you're also making sure you're taking time to recover look after yourself.

    I'm tagging in @poppy123456 in the hope she'll be able to offer some input here, as she's well in the know about these things!
  • chelle77chelle77 Posts: 6Member Listener
    Thank you Pippa 

  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    chelle77 said:
    Thank you so much for all your advice I will look into this, I am just exhausted with it all and my metal state has been very badly affected, it was so unfair that they said no to go as I think they had all ready mad there minds up in the morning, there is so much what isn't true in the advisers report even to the point that I have a daughter and take her to nursery ( I don't has a daughter) only my stepdaughter who is 16 and she has had to change her life to help and cook and clean and its put a strain on her that she now has counselling at school and her grades have suffered.
    The only other thing with a new claim I am now on much more meds and have had a diagnoses of : prominent functional neurological disorder which has affected my right hand its now numb : also narrowing of the exit foramina at c6 of my neck, so root entrapment at this level is contributing to a double crush , carpel tunnel and spondylosis in my neck 
    So do I go down this root or just do a new claim   
    It’s easy to obsess on the wrong stuff with PIP and the daughter/step-daughter thing is a fine example. It may well be wrong. It may add fuel to the fire, but, does correcting it score points! 

    Being on more meds or having a new diagnosis or new symptoms are, if not irrelevant, then a side issue. All that matters is your level of functional ability. 

    If, for example, you read your last six lines then the only relevant bit is “my right hand is now numb” but unless you then explain what that now means you can’t do reliably then even that changes nothing. If the things it causes a problem with are ones you already score points on then unless it would move you clearly to a higher points score and that score would bring your total score to more than I points then there’s no point. 

    If you don’t already know the answer to this then the answer remains ... face to face advice.
  • chelle77chelle77 Posts: 6Member Listener
    so what should I do !!!!

  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    Er, as already said. Get an SOR/ROP and get face to face advice.
  • poppy123456poppy123456 Posts: 4,767Member, Community champion Brian Blessed
    Starting a new claim isn't the answer here. A diagnosis, won't help a claim for PIP. Using the same evidence again for another claim will most likely see a refusal again. Take @mikehughescq advice and request the above.
  • YadnadYadnad Posts: 2,225Member Brian Blessed
    Starting a new claim isn't the answer here. A diagnosis, won't help a claim for PIP. Using the same evidence again for another claim will most likely see a refusal again. Take @mikehughescq advice and request the above.
    On the assumption that the claimant can access reasonably local face to face advice and assistance from welfare rights. Many areas no longer offer this and those that do have huge queues of people asking the same.
  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    @Yadnad I've no idea why you keep peddling this line and what exactly you think it contributes. Much like your experience of fraud is not representative but is coloured by your own vastly skewed experience the same applies to your experience of seeking representation. It is exceptional and simply not an accurate representation of what's taking place. Advice was decimated 5 to 8 years ago. However, over the psst 2 years there is only 1 trend and it's wholly away from web pages and signposting and back towards actual face to face advice and representation. 

    The poster on this thread is in fact very unlikely to have a problem obtaining advice or representation in a timely way and I think it's time you've retired your persistent and inaccurate contrary view as well as stop trying to justify it. It is as inaccurate, unrepresentative and wholly unhelpful as ot could be. 
  • YadnadYadnad Posts: 2,225Member Brian Blessed
    edited December 8
    @Yadnad I've no idea why you keep peddling this line and what exactly you think it contributes. Much like your experience of fraud is not representative but is coloured by your own vastly skewed experience the same applies to your experience of seeking representation. It is exceptional and simply not an accurate representation of what's taking place. Advice was decimated 5 to 8 years ago. However, over the psst 2 years there is only 1 trend and it's wholly away from web pages and signposting and back towards actual face to face advice and representation. 

    The poster on this thread is in fact very unlikely to have a problem obtaining advice or representation in a timely way and I think it's time you've retired your persistent and inaccurate contrary view as well as stop trying to justify it. It is as inaccurate, unrepresentative and wholly unhelpful as ot could be. 
    It is still relevant to this part of the country.
     I have not seen any increase or improvement of welfare rights agencies in the past two years.

    Maybe this is happening in some areas of GB and in particular hotspots. But for the South East of England it is still as it was.

    Taking away the CAB (which at best is very variable with insufficient staff offering any quality advice, AgeUK who by their own admission can only help to fill out forms, DIAL that no longer supports the South East and DISK whose sole office is in Folkestone, miles away from where I live.

    If you could point me in the direction of these 'new and improved' agencies in and around the villages of SE Kent (south Canterbury, north Folkestone) I would be so pleased. Maybe an agency that takes on and represents PIP appeals in the same area.

    I am not disputing that some areas will be better represented, but not all areas fall into that category.

    Finally as I have said before my local council is actively are not going to support these agencies/charities citing lack of funds for a limited number of people.
    It was only recently the case that a large AgeUK branch that offers hot food daily had to close due to council funding being removed. It did reopen albeit on a limited basis after finding alternative funding. 

    As for fraud, I find it difficult to accept that the DWP will just accept what a claimant says without proof being offered. There are many instances where I can see within the system where fraud could easily be carried out.
    I could tell the DWP that I have a genuine condition and after googling the symptoms, tell them that I have everyone one of them then go on to suggest the impact of them. Would the DWP just accept what I write at face value? I hope not.
  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    Sigh. I’ve no idea why you felt the need to quote my post in order to make your points which basically ignore every aspect of my post. I’ll say it again briefly. This thread is not about your experience of seeking advice/representation nor your views on fraud. Both are wholly unrepresentative.
  • YadnadYadnad Posts: 2,225Member Brian Blessed
    edited December 9
    Mike but you are doing the same - assuming based on your knowledge that advice /representation will be available anywhere in Britain (no one knows where the OP lives) because it is available in your area.
    I'm saying that it may not be.as quoting the South East from my knowledge.

    Then you suggest that whilst advice was decimated 5 to 8 years ago, over the past 2 years there is only 1 trend and it's wholly away from web pages and signposting and back towards actual face to face advice and representation.

    Is that based on your knowledge of your area or of the GB as a whole? No such movement has happened in the South East. 

    To suggest to any poster that things are good now in all areas is wrong - there are some areas with little or none whilst others may well be experiencing a boom.

  • parisjoansparisjoans Posts: 5Member Listener
    chelle77 said:
    HI I have my appeal in the tribunal court on Thursday the 6th of December 18 ,this has been in there hands for over a year and even though my doctor has written many letters that I cant go they are forcing me as they said they will just give a no answer if I don't, I feel I have been a victim of metal health and it so real for so many people and that is other reason for going to speak up for the people who are ill and need help and being robbed of this extra money , I used to have a special person in 5 mornings a week to sort things out and prepare tea for my boys and helped with cleaning and washing and my personal hygiene , I haven't had this now for over a year as I couldn't afford her without this income, which has put a massive stain on our daugher ,I was on PIP before and didn't think there would be a problem but there was the lady who came out wrote what she wanted and didn't listen to anything I had to say. So roll on Thursday wish me luck I haven't been out of the house for months , if anyone has any advice would be great 

  • parisjoansparisjoans Posts: 5Member Listener
    Hi I had mine on the 7th .. Dec  they took carers of me for my daughter we was put on universal credit /  for 17 months we had letters of every one / she's been in and out hospital .. Had 3 of them throwing questions for 45 min .,  so humiliating .. In the end the judge said you have won your appeal / and I'm her appointee ., they said we will back date it 17 months .. But they think that's ok now .,  my daughter was I'll so many times they p!ay with ppls lives ..   Now don't no who gets bk pay .. Us both /  or one. When we both got took of it ..  Its discusting .. Hope u was successful ..  They told us when we was there we had won the appeal x
  • poppy123456poppy123456 Posts: 4,767Member, Community champion Brian Blessed
    @parisjoans great news.  As you're your daughters appointee, you'll receive the backpay on her behalf and you then give the money to your daughter.

    I'm my daughters appointee and her PIP is paid into my bank account. Once i receive her money, i transfer the whole amount to her as soon as i receive it. It's not my money to spend, it's hers. I then manage her bills and advise her what money she has left.

    Back dated money can take 8 weeks after a Tribunal win.
  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    Yadnad said:
    Mike but you are doing the same - assuming based on your knowledge that advice /representation will be available anywhere in Britain (no one knows where the OP lives) because it is available in your area.
    I'm saying that it may not be.as quoting the South East from my knowledge.

    Then you suggest that whilst advice was decimated 5 to 8 years ago, over the past 2 years there is only 1 trend and it's wholly away from web pages and signposting and back towards actual face to face advice and representation.

    Is that based on your knowledge of your area or of the GB as a whole? No such movement has happened in the South East. 

    To suggest to any poster that things are good now in all areas is wrong - there are some areas with little or none whilst others may well be experiencing a boom.

    Absolutely based on my knowledge of the picture in GB and reports back from numerous national groups, organisations and local authorities. So, not the same at all and you’re wrong as regards the south east too. A bit slower than the rest of the UK but definitely turning. I presented the overall picture as the overall picture. You presented an exception as though it were the overall picture. There are few posts in here saying they can’t secure advice or representation. At some point you  might notice it’s pretty much you. 
  • TardisTardis Posts: 131Member Talkative
  • YadnadYadnad Posts: 2,225Member Brian Blessed
    Tardis said:
    @yadnad; Have you tried Kent Law Clinic?
    Do you mean Canterbury Uni Law Clinic?

    Yes I had them to represent me at a Tribunal some years back over a Council Tax appeal which I won.

    I then approached them earlier this year after failing the MR to ask if they would like to take over the PIP appeal. They told me that they no longer get involved predominately in domestic issues and now spend most of their time dealing with representation of illegal immigrants that are held in the large detention centre in Dover. Illegal immigration is a big issue locally and getting worse. Over 100 'boat people' from France have been arrested (then let go) in the past couple of weeks. Their claims for asylum are still being processed. Those held in detention to be extradited back to their home country are obviously fighting their removal.
  • TardisTardis Posts: 131Member Talkative
    You always have a ready answer for why no solution could possibly work for you.  Every advice service which exists is no good as they have already had the 'pleasure' of dealing with you in the past.  Given the limited options in your area I would have thought you would have tried harder to get on with them.
  • YadnadYadnad Posts: 2,225Member Brian Blessed
    Tardis said:
    You always have a ready answer for why no solution could possibly work for you.  Every advice service which exists is no good as they have already had the 'pleasure' of dealing with you in the past.  Given the limited options in your area I would have thought you would have tried harder to get on with them.
    Thanks very much - it's my fault then that the agencies that are available are poorly staffed and what staff they do have are poorly trained. 
    Of course I have an answer to most if not all solutions offered. I have over the years seen every available agency and came to the conclusion that they are unable to offer the service I needed.

    I can't force the University Law Clinic to make an exception for me when they have clearly said that they no longer do 'domestic' work.

    I have experience with most if not all available agencies. Yes they are able to fill out forms - one such agency was said by the Judge in my wife's AA appeal case that the her claim form was poorly completed. I took the blame for that telling the Judge that I did it when in fact the agency did! Won't go back there.
    AgeUK do not have a professional welfare rights officer. Due to funding cuts they can only help with basic form filling.
    Tried CAB, they promised to get back to me years ago to arrange for me to go back to them for help filling out the first (2013) PIP2 form - I had to give up as no contact was forthcoming and the deadline for getting the form back was fast approaching. They do not offer representation.
    DIAL used to be around but moved away to North Kent which is way too far away.
    DISK, a private charity in Folkestone that again only helps with filling out forms.

    Formal representation certainly does not exist locally.

    I get along with everyone I come across - what I can't accept is finding out that they either are inadequate or fail to do what they said that they would do.

  • TardisTardis Posts: 131Member Talkative
  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    So, in fact, there’s no shortage of advice in your area as you claim at all. It’s just that you have used them all and found them all wanting in some respect. I think you see complexity where there is none. You see your case as utterly unique and therefore something unique is needed to respond to that. There’s nothing unique in advice work. There really isn’t. The thing is though that you have literally learnt nothing from this. If you know what you don’t want then by definition you must know what you do want. However, the only things on offer will be form filling, advice and representation. You know that all of them are not good enough so you must know what is. If you do then just crack on and do it yourself. And yet you don’t. You have time to kill on web forums and an answer to everything and yet every claim you’re involved with appears to fall short. You’re either the unluckiest person ever or something else is going on. I know which one I’d go with and it ain’t the former.

    Some of what you write and expect from advice agencies is, frankly, barely credible. Why would anyone take the blame for form filling when an agency did it? If you had no intention to return then what on earth could the detriment be? Why on earth would you not draw it to their attention? 

    You went to CA and they failed to come back to you so you “had to” give up. Seriously? Nothing about that scenario says “had to give up”. You pick up the phone and press for the contact you asked for. If you don’t then you got the service you asked for. Nothing. 

    The service you need is an advice service. Nothing unique, great or terrible and nothing unique about you or your case. You need to walk through the door and if you’re not prepared to do that then do it yourself to the standard you believe it should be. If you don’t actually know what standard that is then it’s about time you stopped slagging off the advice world as simply not good enough or unable to cope with you and listened to what it has to say and act as instructed. Your recent statements, not least the comment about walking a mile, have lost you significant credibility and your constant telling everyone how bad your case; how much the advice world falls short etc. is getting to the point of parody in consequence. 
  • WF2kWF2k Posts: 39Member Whisperer
    Hi @chelle77  I used a group called "fightback" for help with my ESA50, I know they have a lot of knowledge in regards to appeals, claims, MR's etc. They also have a Facebook page and a website. I did pay "costs" to have my ESA50 done but they do know what they are doing.

    They also give free advice via email and I believe you can give them a call also, best to check their Facebook page.

    If you are able to get help from Welfare Rights, CAB or any other advice centre then I would try that option first. I had a home visit from Welfare Rights last week.

    I hope it's ok to let Chell know about Fightback, please remove my post if not. 
  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    Why would you need to pay for advice when it’s available for free!!!
  • poppy123456poppy123456 Posts: 4,767Member, Community champion Brian Blessed
    I'm sorry but i'd never pay anyone to help me fill out a form, when there's advice centres out there that will do this for free.
  • TardisTardis Posts: 131Member Talkative
    It might be a solution for @yadnad though.  
  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    Do we really need to debate the ethics of paid advice? Agencies charging people on benefits? Really? There are limited and very specialist circumstances where that might be appropriate e.g. brain injury, complex community care etc. but form filling. Seriously!
  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    The solution for @yadnad is to stop making excuses for not using his local advice provision.
  • WF2kWF2k Posts: 39Member Whisperer
    edited December 9
    @mikehughescq it wasn't for the advice it was for the form filling, they claim it incurred charges *shrugs*. Welfare Rights more or less said the same as you tbh.

    It's free advice though, don't know if they charge for other services, I've not used them since, I used Welfare Rights.

    I did suggest they contact Welfare Rights or any other advice centres first :P

    Edit - I didn't see the other posts before I made this one! sorry. I think I'm going to step out of this thread though, don't really want to see people arguing lol.

    I hope Chelle gets the help she/he needs.


  • TardisTardis Posts: 131Member Talkative
    Sorry Mike.  I should have resisted the urge.  
  • YadnadYadnad Posts: 2,225Member Brian Blessed
    edited December 9
    https://community.scope.org.uk/profile/mikehughescq  Mike I know that my benefit claims are not unique in any way. I accept that I do not understand how these benefits work and struggle to claim them.
    The PIP claim utterly confuses me and my health, both physical and mental doesn't help me either.
    The filling in of the PIP claim form is well past as are the consequences of the failed assessment and MR processes. 
    I know what I want but don't have the confidence in any of the agencies that I have approached in the past for the reasons stated. I know my own limitations hence why I gave up the fight for PIP back in March.

    What I would like is someone to 'carry me' through the appeal stage. Ideally representation would be amazing. I can sit for hours and listen to what I should do but putting that into action is another thing. My brain does not function as it should do due to the damage sustained and along with the drugs I take I cannot grasp things at all.
    Frustration builds up in me which then results in what some may say is that I 'throw my toys out of my pram'!
    This then all goes round and round in circles with no end ever being in sight.

    Yes The claim is doomed at the moment with how I completed the claim form and the way I handled the face to face assessment process. What may seem totally illogical to you and others is logical to me.

    I took the blame for CROP as it seemed the right thing to do at the time - yes I realised it was a shambles but was I or my wife responsible? The last thing I wanted to do was to destroy the credibility of that agency in the eyes of the Tribunal. Much better for me to take the blame.
     
    Yes I had to give up with waiting for the CAB to get back to me. Maybe they weren't interested in helping me. Of course I could have telephoned them and blasted them for the delay. Time took over, I had already been granted a 7 day reprieve to get the form back and the deadline was only days away. Maybe it was my fault for not going to the CAB earlier in the claim process. Anyhow the form had to be retuned so I had to complete it.
    Obviously in my mind I blamed them (CAB) for their lack of attention in not doing what they had promised.

    I have been to everyone that I thought might help certainly with the PIP issue. Having lost faith in the CAB I tried others. None was able to help me get beyond the MR failure and onwards to the Tribunal. It was as though I should be able to do it without any help or advice. I simply cannot face the prospect due to my difficulties.
    I even tried to get involved with the RBL (as a veteran) At best they could only offer telephone advice which to be honest went straight over my head.

    Yes my statement about how far I could walk (not can) is I still believe correct. It would probably take me a couple of hours and by the end I would be exhausted but I know that I could do it.

    All of that aside, I have read pages on the net about AA and in fact asked many questions on this site. But I still don't understand how the damn benefit works. The terminology used confuses me. I see that the criteria means one thing but to others something totally different.
    Then I have to convince myself that I do in fact qualify for it and on balance would get it.

    It took me 7 years from when the DWP closed the DLA claim through lack of contact with the renewal process and similarly with the IIDB when I failed to lodge an appeal against a refusal to award. That was in 2004 and all of it happened whilst I was in hospital for 3 months. When I came home I could not face anything as I was far too ill. It took until 2011 before I managed to convince myself that I should do something. You have no idea how hard that was worrying that I would have to give both benefits up as I did not have the fight in me if all were denied. Thankfully my DLA and IIDB were reinstated from 2011 at the same rates as they were in 2004. Consequently I have to live with the fact that my family lost out for those 7 years on money that was due to me - something well over £20,000.

  • mikehughescqmikehughescq Posts: 2,889Member Brian Blessed
    Yadnad said:
    The claim is doomed at the moment with how I completed the claim form and the way I  the face to face assessment process. What may seem totally illogical to you and others is logical to me.

    Exactly why you need to stop banging on about not having faith in advice locally and actually go along with what they suggestReally is no more complex than that.

    I took the blame for CROP as it seemed the right thing to do at the time - yes I realised it was a shambles but was I or my wife responsible? The last thing I wanted to do was to destroy the credibility of that agency in the eyes of the Tribunal. Much better for me to take the blame.

    In most cases a tribunal are well aware of the quality of advice services but if they weren’t then you’re actually causing a problem for yourself, the tribunal and others who have them do firm completion by not saying so.
     
    ...

    Yes my statement about how far I could walk (not can) is I still believe correct. It would probably take me a couple of hours and by the end I would be exhausted but I know that I could do it.

    All of that aside, I have read pages on the net about AA and in fact asked many questions on this site. But I still don't understand how the damn benefit works. The terminology used confuses me. I see that the criteria means one thing but to others something totally different.
    Then I have to convince myself that I do in fact qualify 

    The issue is about virtual inability to walk “in the absence of severe discomfort”. If you can walk at 0.5 miles per hour then I’d guess the distance you can walk in the absence of severe discomfort is close to nil.
  • YadnadYadnad Posts: 2,225Member Brian Blessed
    Tardis said:
    It might be a solution for @yadnad though.  
    I am quite able to put pen to paper. What I write is probably rubbish but I certainly don't intend paying anybody to hold a pen.
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