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Total confusion

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#1 Mon, 24/09/2018 - 17:51
Gog
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Last seen: 3 weeks 3 days ago
Joined: 09/10/2017 - 13:57

Total confusion

I had my tribunal this morning and it has left me totally confused.

It was scheduled for ten and I went in at twenty past.  The judge introduced herself and the other two board members.  She was very polite and went on to state that they have reviewed the bundle and come to a different points decision from the DWP.  Unfortunately, not in my favour.  She then explained the possible outcomes and pretty much emphasised that I ould lose my award totally.  She has advised that I seek advice and has adjourned the case.  She mentioned very briefly, three points of contention.  The first one was that she believes that I fail to meet the 50% criteria, although I have been diagnosed CCH since 2003 and in receipt of DLA at the higher rate for both elements.  She then mentioned that I work (as a support worker) and that I drive???? 

I did ask if I could talk and she basically said NO, don't say anything until you have had advice.  I'm guessing that I will receive some form of communication from the court explaining everything and highlighting what they need from me for them to make a decision, if I decide to pursue the case??

Anybody got any ideas????

Fri, 12/10/2018 - 09:29
Val
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Last seen: 9 hours 43 min ago
Joined: 21/03/2012 - 15:16

I'd suggest you seek legal advice if you haven't alreadyh done so.  Also see your local MP, mine was great and was key to getting me a full award.  If you haven't already done so, have you got a copy of the PA4 report form that was done at your medical assessment?  If you haven't, request a copy from the DWP and go through that and see what was said in that and if you disagree then list the points and why you disagree and that will be further evidence in your favour.  I am surprised about the 'do you work' bit - many sufferers have full awards and work and we can drive as our condition is not on the DVLA list of notifiable conditions where you cannot drive.  Seek a medical report from your neurologist; on my original application I listed my neuro and my GP as health professionals to contact about my CCH.  I discovered on asking them both that the DWP had NOT sought reports from either of them.  Again this is additional evidence.  A google search of 'pro bono solicitors in your area should come up with someone who could help you.  If the hearing has been adjourned, then they have to advise you of the date of the next hearing.  

I originally had DLA and had a full award for that, but of course had to apply for PIP and the first decision was very low points.  I fought the decision, got the PA4 report, and contacted my MP when I had got to applying for a hearing stage.  The PA4 report had outright fibs in it and some slightly prejudicial remarks [about my health, not gender or ethnicity].  So getting help is going to be the best thing for you. 

Good luck and don't give up the fight!

 

Val 

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