PIP, DLA and AA
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i lost a pip hearing

florencescopeflorencescope Member Posts: 11 Listener
I feel in shock i lost a pip assessment hearing over the phone. i have autism and dyspraxia and the shock has resulted in me hardly eating anything since i read the news by post. i feel lost. i struggle to work and can't drive to unfamiliar places as i can break down emotionally. and ive been sacked from a job because of my disability before and had to leave another as i can get bad sensory overload. 

i worry about my future and how i will live and find suitable accommodation and the impact itll have on my emptional and mental wellbeing.

i feel scared over how i can get somewhere secure i want to work but its hard when i know employers  dont want me.

Replies

  • bobukbobuk Member Posts: 3 Listener
    Hi Florence, I too lost a P.I.P. claim and am going to an independent tribunal with independent people, a doctor, disability assessor and a judge. My hearing is at Chester but I have not heard when yet because of coronavirus delay.  Since my original assessment I have had a SECOND heat attack, was hospitalised on 21st March 2020 where I had ONE STENT inserted and need TWO more to be fitted. I have asked for my med records from my G.P. and am waiting for them. Best of luck with your claim.
    Bob.
  • mikehughescqmikehughescq Member Posts: 4,661 Disability Gamechanger
    Not clear what we’re talking about here @florencescope. Do you mean you had a telephone assessment and you’ve now received the decision or do you mean you had a telephone appeal hearing and have just received the summary decision?

    Your rights of challenge will be different depending on which one.

    @bobuk your hearing is likely at present to be a telephone hearing. You should bear in mind that what has happened to you since your claim is not relevant to your appeal. They will only be looking at what you were like on your date of claim. 

    Also worth noting that your panel absolutely will not have a “disability assessor” on it. That implies a person with some kind of professional qualification. What you’re getting is a disability qualified member. That is a person with “experience” of disability. They may be disabled in some way or they may be a carer or someone who works with disabled people eg a social worker. They are often the least well-informed, most judgemental panel member.

  • bobukbobuk Member Posts: 3 Listener
    No Mike, I had a face to face assessment at a P.I.P. assessment centre by a so called 'nurse' in 2019 - I am a former army medic R.A.M.C., my sister is a retired staff nurse and my cousin is a retired nursing sister with a nursing degree, and the final written report from the assessor had more holes in it than a Paris brothel.   Since my initial assessment in 2019 I have had a SECOND heart attack where I was hospitalised and fitted with ONE stent, they said I needed three in total, one urgent, two to be inserted at a later date.  I am at the stage now where I am waiting to attend an independent tribunal (final appeal stage) to be held at Chester as and when they give me a date of hearing (the coronavirus has delayed proceedings somewhat).  I HAVE been informed that my tribunal hearing is pending, and the venue location given (Chester) but NO DATE yet for obvious reasons. Hopefully it won't be to far away, depending on the coronavirus pandemic  issue, but I must be looking at 2021 now. 
  • mikehughescqmikehughescq Member Posts: 4,661 Disability Gamechanger
    My assumption is that you won’t have been informed that in writing but more likely over the phone? HMCTS don’t send that sort of letter out unless kicked and it sounds exactly as vague a their call centre. 

    Your local venue may be Chester but there are no plans for any venue to host oral hearings before September at the very earliest. August has already been listed so “imminent” doesn’t mean a lot right now. If you were listed imminently it will be a telephone hearing. 
  • bobukbobuk Member Posts: 3 Listener
    Mike this is my last word, but before then please allow me to point out that I have Dip. LCW (Diploma in Creative Writing and Literature) and can put those letters after my name should I so wish which means I CAN and am well able to read and write thank you. I received ALL communications from DWP IN WRITING including the result of my face to face assessment, and still have copies. I received notification of my final appeal hearing at Chester by email (copied, filed and saved)  where it states QUITE CATEGORICALLY that I will NEED TO ATTEND IN PERSON and I can also, if I wish nominate a representative to accompany me at the hearing.  All medical records are documented, including dates, as are all relevant facts and figures. If you are still NOT convinced, I can and will send a copy of the email notification with regards to my appeal venue at CHESTER.  Now please  GO AWAY.  I am far to busy to bother with 'barrack room lawyers!'

  • mikehughescqmikehughescq Member Posts: 4,661 Disability Gamechanger
    With all due respect @bobuk you're off topic on someone else's thread. Personal abuse is a breach of the T&Cs of this site and shouting (as in using capitals) is simply uncalled for and rude as is the sarcasm about reading/writing. Absolutely uncalled for when you've been offered accurate information.

    Far from being a "barrack room lawyer" I'm talking about my area of professional employment. Only been doing it 34 years so clearly no idea what I'm talking about.    I'm also originally from that area and have repped at the venue many times.  

    I will say this again and then address my subsequent posts only to the OP.

    Your tribunal venue is closed for tribunals and there are no plans to open it for tribunals until September at the earliest. Your information is wrong. If you're getting emails then you'll have likely registered your appeal online. The online system is poor and has not been updated to reflect the reality of venue closures. You are most likely to be getting a telephone hearing.

    I get weekly updates from HMCTS and Chester may be one of the courts open for court cases but it's not for appeals. 

    I will also repeat that there is no disability "qualified" person on the panel and that any changes in circs after your date of claim will be irrelevant at your hearing. That's not my opinion. It is the law. If you want subsequent changes taken into account you'll need to make a new claim and that will then make the decision under appeal for a closed period.

    Finally, I've no doubt your HCP report has some holes in it. With tribunals you're largely kicking at an open door on the subject. You need to focus your efforts on the strength of your own evidence rather than the weakness of theirs. The tribunal will not be spending much time on the HCP report at all.

    There are plenty of good quality advice services in your area and I'd recommend you avail yourself of one. 
  • woodbinewoodbine Member Posts: 1,087 Pioneering
    bobuk said:
    Mike this is my last word, but before then please allow me to point out that I have Dip. LCW (Diploma in Creative Writing and Literature) and can put those letters after my name should I so wish which means I CAN and am well able to read and write thank you. I received ALL communications from DWP IN WRITING including the result of my face to face assessment, and still have copies. I received notification of my final appeal hearing at Chester by email (copied, filed and saved)  where it states QUITE CATEGORICALLY that I will NEED TO ATTEND IN PERSON and I can also, if I wish nominate a representative to accompany me at the hearing.  All medical records are documented, including dates, as are all relevant facts and figures. If you are still NOT convinced, I can and will send a copy of the email notification with regards to my appeal venue at CHESTER.  Now please  GO AWAY.  I am far to busy to bother with 'barrack room lawyers!'

    how rude, that is totally uncalled for Mike is a much respected advisor on this forum and gives his time freely and often, you should (but I doubt you will) say sorry.
  • florencescopeflorencescope Member Posts: 11 Listener
    i had a telephone appeal.hearing
  • mikehughescqmikehughescq Member Posts: 4,661 Disability Gamechanger
    i had a telephone appeal.hearing
    Thanks. So your next step is to write to HMCTS within the month and ask for a statement of reasons and record of proceedings. 
  • AwesomelorenzoAwesomelorenzo Member Posts: 68 Connected
    That is so bad. The government/assessors are brain dead.
    You know, they once declared a person okay to work because she could walk from her sofa to her scooter.
    I swear, people need their heads read.
    I have dyspraxia, mildly, but enough so that it's taken me forever to drive and I don't feel safe driving.
    I tried for PIP but nothing on the form applied to me. 
    I guess I could cook if I had to, I wouldn't know, but nothing applied.
    I hope the government changes and we can all get PIP.
  • mikehughescqmikehughescq Member Posts: 4,661 Disability Gamechanger
    woodbine said:
    bobuk said:
    Mike this is my last word, but before then please allow me to point out that I have Dip. LCW (Diploma in Creative Writing and Literature) and can put those letters after my name should I so wish which means I CAN and am well able to read and write thank you. I received ALL communications from DWP IN WRITING including the result of my face to face assessment, and still have copies. I received notification of my final appeal hearing at Chester by email (copied, filed and saved)  where it states QUITE CATEGORICALLY that I will NEED TO ATTEND IN PERSON and I can also, if I wish nominate a representative to accompany me at the hearing.  All medical records are documented, including dates, as are all relevant facts and figures. If you are still NOT convinced, I can and will send a copy of the email notification with regards to my appeal venue at CHESTER.  Now please  GO AWAY.  I am far to busy to bother with 'barrack room lawyers!'

    how rude, that is totally uncalled for Mike is a much respected advisor on this forum and gives his time freely and often, you should (but I doubt you will) say sorry.
    Thanks @woodbine Interesting to note two of the three people currently slaughtering me in private and in public both liking the post to which you refer. That kind of cowardly passive aggressive nonsense is something I am actively challenging. 
  • florencescopeflorencescope Member Posts: 11 Listener
    That is so bad. The government/assessors are brain dead.
    You know, they once declared a person okay to work because she could walk from her sofa to her scooter.
    I swear, people need their heads read.
    I have dyspraxia, mildly, but enough so that it's taken me forever to drive and I don't feel safe driving.
    I tried for PIP but nothing on the form applied to me. 
    I guess I could cook if I had to, I wouldn't know, but nothing applied.
    I hope the government changes and we can all get pip.

    PIP is irrelevant when it comes to being or not being abke to work. its about day to day  living.
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