PIP - keep going to appeal for success

[SuePS1958]

It's 18 months since my husband applied for PIP because DLA was ending. He has a ABI from a car accident 19years ago. The initial DWP decision (May 17), reconsideration (Sept 17) and review of additional evidence (Jan 18) all resulted in 0 points. At the independent tribunal yesterday, my husband was only asked to confirm why he was there, as the panel had reviewed the same evidence as DWP had, and immediately awarded standard rate PIP for both care (9 points) and mobility (10 points). The local Headway finance lead supported us from the start helping us at every stage including coming along to the tribunal. His expertise and encouragement to keep going was wonderful. Key to the tribunal decision was information from clinical psychologists and GP.

[sealiphone]

Fantastic news and surprising procedure, as I've never known a tribunal not to want to explore the issues when the appellant is present on the day, the medical evidence must have been very clear and persuasive.

However for others, beware evidence from specialists is frequently a difficult issue for the Judge and doctor, who compose the tribunal and don't understand brain injury symptoms.

A lot of the best evidence (Neuropsychologist reports) I see diagnoses the symptoms but doesn't make clear how this relates to the wording of the legislation and "Common sense" thinking gets in the way of justice.

A legal adviser should ensure any report makes clear how the functional problems adversely effect ability in relation to the prescribed PIP activities. I suspect that's perhaps the most important thing your Headway rep achieved.

Again the Judge seems to have been very enlightened about TBI, my opinion of a successful out come can go from 80% to 40% depending on the judge and doctor we've got!

[Tortie14]

Delighted you got the right result eventually, what would we do without Headway?