Desperate for advice - PIP assessment

[Elles5]

​My husband had his PIP assessment last August. The HA came to our home. He was not successful and in the report she had stated that she saw him walk slowly into the assessment using a stick. As my husband is Dyslexic I do the paperwork and requested a MR pointing out that this statement was completely untrue. The CM completely ignored this and even referred to it in his justification. He also removed the Daily Living component that had been awarded. We are going to a Tribunal on September 13th and I am a complete wreck. In my opinion the fact that she lied, which can be proved, and then the Case Manager ignored my complaint about the lie casts doubt on how truthful she was with the crest of the assessment. There were several more lies but not proveable. I would be grateful for any advice at all. I have PTSD and am really struggling now

[des8]

Re: Desperate for advice

Hi and welcome.
A terrible position which is often seen on these forums.

If the assessor took his ability to walk indoors (which you say is untrue anyway) this is against DWP's own criteria which states that measurement of walking distance must ake place outdoors using pavement and kerbs. That alone gives him reason to appeal.(page 12 of the PIP handbook linked below)
The PIP handbook details the reliability criteria, and if you haven't seen it it is available here: https://www.gov.uk/government/upload...t-handbook.pdf

As you yourself have a stress related condition, do you have anyone else who can accompany your husband to the hearing, if only for moral support.

Know the qualifying rules. The tribunal must follow the law so you need to understand the law relevant to your appeal. This is simply the qualifying rule for the rate of benefit that you hope to get. Research before you go the qualifying conditions relevant to your appeal.
Establish the facts of your case. You must put forward the facts of your case and show the tribunal that you meet the qualifying conditions for the rate of benefit you hope to get. Do not assume that the tribunal will know the facts of your case, or information about you already, or that they will guess, even if you think it is obvious.


,It is a good idea to keep a diary of your daily routine over one or two weeks. Take note of even the most obvious difficulties you have every day.

You have to prove that you are entitled to benefit on the balance of probabilities. This means that what you say must be more probable than not. It is important therefore if possible to have evidence to back up what you say. Medical Evidence must be strong and not be too vague as to be irrelevant.

Evidence could include a letter from your GP, consultant, rehabilitation officer or social worker. If you are asking someone to provide further evidence make sure it is relevant to the issues in your appeal. Talk to them beforehand and explain what issue you would like them to address in their letter or report.

The tribunal will usually want to ask you some questions relating to the issues you have raised in your appeal. This is when you give the facts relevant to your case that meet the criteria for the benefit. Take your time and think carefully about your answers. You should ask the tribunal Chairperson to explain anything you do not understand.

The tribunal will usually make a decision on the same day, normally straight away after a private discussion between the tribunal members.

If you are not successful ask the tribunal for a "statement of the reasons" for the decision. You can ask for it there and then, or you can write to request it within one month of the hearing.
You may be able to challenge the tribunal's decision but that depends on strict legal rules, and must be done on a point of law.

Good luck and remember more people than not are successful at tribunal.