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Pip decision. Should I appeal or forget it

dave7

I have just joined this group ,I have trigeminul neuralgia ,depression and no taste or smell and still got zero points on my recent assesment should I appeal or forget it

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Comments

poppy123456

As PIP isn't awarded based on any diagnosis then no one can answer that question because we don't know how those conditions affect you.

You can get some expert advice from an agency near you and they will tell you if enough of points can be scored for an award. https://advicelocal.uk/

dave7

Thanks for that

Tori_Scope

Welcome to the community @dave7

I'm sorry to hear that your PIP claim wasn't successful this time around. As poppy123456 has said, it'd be difficult for us to say if you'd be successful upon appealing, but it's definitely something to look into!

I'd encourage you to read back through the descriptors (pipinfo.net), and see whether you can think of any ways to strengthen your evidence.

How are you feeling at the moment?

dave7

I feel disappointed and thought because of the pain I get would have got pip

dave7

Thank you

poppy123456

You can also have a read through this, yes it's quite long but having some understanding of the PIP descriptors and what they mean will also help. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

L_Volunteer

It is understandable that you are feeling disappointed @dave7. Is there anything, in particular, that might help things to feel more manageable for you at the moment?

Please don't hesitate to let us know if there's anything we can do to support you further. We are all here for you and listening to you.

Take care for now and we will look forward to, hopefully, hearing from you again soon

dave7

Thanks for all your kind comments I have appealed and have a text message on Friday saying that my appeal will be heard by 07/03/2023 seems to be a long way off and a long time to check my claim again is this the norm

calcotti

dave7 said:

Thanks for all your kind comments I have appealed and have a text message on Friday saying that my appeal will be heard by 07/03/2023 seems to be a long way off and a long time to check my claim again is this the norm

Do you mean you have requested an MR? These can take up to 12 weeks so getting a decision by early March would be quick. The MR is added to the work list for a new Decision Maker and when it gets to the top of their work queue they will then review all the evidence connected with the claim and make a new decision (In practice usually the same as the previous one).

dave7

Yes sorry a MR all these terms getting fed up with all this now so probably stop after this if it is the same as the stress is making me ill again

poppy123456

The chances of success is always low at MR stage. Tribunal is much higher chance of success proving you either appear in person, have a telephone or video hearing. Doing this will give you about a 70% chance of a decision in your favour.

Paper based hearings have a much less success rate at only about 5-8%.

dave7

Hi all I have been very ill hence no posts,anyway been just over a year and appeal failed so went to a tribunal which I was awarded the standard daily rate so note tote anybody don't give up

Hannah_Alumni

@dave7 It's great to hear you were awarded! So sorry to hear that you have become very ill. Can I ask, have you got support around you?

dave7

Thanks for asking I have all my family around me and recovering well

Hannah_Alumni

Good! If there is any way we can support, please don't hesitate to reach out

dave7

Thank you again

Kaala

Based on my experience, the appeal process is a complete waste of time. I'd try the change of circumstances form & fill it out like a fresh claim. I've done that & waiting to see what the outcome will be

poppy123456

Kaala said:

Based on my experience, the appeal process is a complete waste of time. I'd try the change of circumstances form & fill it out like a fresh claim. I've done that & waiting to see what the outcome will be

I disagree with your advice here, sorry. If someone has been refused, which is what happened to dave7 here then starting a new claim isn't always the answer because doing so using the same evidence they previously used could likely see another refusal, i see it very often here.

When you say "appeal" do you mean MR or Tribunal stage? Yes, success rate on MR decisions is very low at only about 23%. Therefore the most likely outcome would be the decision remains the same. It's very rare to lose points at this stage but it can happen.

For Tribunal, if you either appear in person or have a telephone/video hearing then there's 68% chance of success. Paper based hearings have a much less success rate of only about 5-8%. Therefore the best advice i can give is not to choose paper based option.

For Tribunal, if you have an award and they intend to remove points that would affect any award you already have then they warn you before removing points. They will either contact you by letter before the hearing or they will warn you on the day of the hearing. They will then adjourn the hearing so that you have time to get some expert advice and decide what you want to do. If you decide not to go ahead then you can cancel the hearing and just continue with your existing award.

Albus_Alumni

Sorry to hear you haven't had any luck with appeals, but it can vary from case to case.

Personally I found going to a tribunal helped me both times with my PIP issues and I've read a lot of success stories on this community.

Lou67

@dave7
Hi so glad you won your appeal it’ll be a great relief for you.
And so glad you are recovering well.

@Kaala
The previous poster has already won at appeal.
Sorry you think appeals are a waste of time, personally I found them to be very good.

I had to appeal twice before and won each time, thankfully after my last review my award stayed the same.
Good luck with your change off circumstances.