PIP REFUSAL AT TRIBUNAL

Ivanjuva

Hi all this may be long winded and apologise for spelling, but I need advice ,I am 56 years old and work full time as ceramic sprayer, I have a number of issues wrong with me ,heart probs ,bicuspid valve, thoracic aortic aneurysm, Permanent Arterial Fibrillation Flutter, Enlarged heart , C.O.P.D Mild sleep aponia and carpal tunnel in both hands ,plus all the other symptomatic things, shortness breath ,severe fatigue, severe sweating ,feeling sick ,passing out ,lack of sleep that come with them and the meds to try and  control them, but with the aid of meds and prescription pain killers and managing  to make most weeks last 5 days as work was starting to get concerned and then I would be absolutely knocked of my feet on a weekend and spend it in pain ,asleep curled up in a ball on the sofa in distress not socialising with family and friends or as it has happened put me in hospital .I have even had to do a 12 week psychological course to tackle depression anxiety etc due to my illness.
I applied for PIP Feb 2022 after a friend told me about it, and it was to help you when your of ill didn't matter if you worked or not or how much you earned as that as I was having to take more and more time of work 1-2 days a week and that I should apply.
I filled in the PIP documents to the best of my knowledge I sent medical records/reports appointments ,discharge letters, medication lists even ECG readings  
When I got the decision from the DWP I found I scored 0 points on both Living and mobility  again and  was refused so did the  Mandatory reconsideration and hey ho scored 0 points again on both.
The DWP even went over the time limit with their decision the second time .so after failing twice I then went to tribunal and today 11/1/23 I had a letter stating ,I had been refused and the DWP decision is upheld ,But scored 5 points 3 for help getting in and out the bath and 2 for help dressing /undressing lower half of body, I have waited nearly a year for a decision and feel absolutely gutted I have been refused again ,I am now due to an operation in the next few months or in six months a decision not been finalised yet to repair the valve and aneurysm I will still have Arterial Fibrillation though which is soul destroying in itself and have been told I wont be going back to work for 6months or longer after after the operation ,I was even told If I don't have the operation I wouldn't be able to work as heart condition would rapidly deteriorate over a 3 year period and possible death, Nice Doctor lol .
So I'm at my wits' end I don't know what to do , I am now under threat financially as I am using savings up to pay bills when I have been off, last time hospitalised and off for a month and pending six months or more in the future the PIP payments would have helped greatly ,I am old school worked all my life paid into the system done everything by the book ,I have only ever claimed of the state for six weeks and that was when I was made redundant years ago, and now I need help I cant get it.          

poppy123456

Did you have a paper based decision for the Tribunal? Or did you either appear in person, have a telephone or video hearing?

You are correct that PIP isn't about your ability to work and people do claim PIP and work. However, if the work you do contradicts the reasons why you're claiming PIP then it can go against you.

You now have 1 month from the date of the decision to request the Statement of Reasons and Record or Proceedings from HMCTS Once you receive those you need to find someone to take a look to see if they can find the error in law. If this can't be found you can't take it any further.

You can start a new claim but doing so using the same evidence you previously used will likely see another refusal. I'd advise you to get some expert advice from an agency near you to check that it's possible to score enough points needed for an award. https://advicelocal.uk/

Ivanjuva

So basically  until I am at  deaths door step I dont stand a chance. I cant understand after looking at the questions and how I answered them how they can award 5 points ,if I need assistance in them areas why not the other areas  AF is no joke it affects you physically and mentally neither are the other symptom's etc I have.
The amount of Info I sent was like a copy of war and peace ,I should have scored more but hey ho I am no judge or doctor Oh but my Cardiologist  is a specialist and they over rule him so apparently I am fully fit for work when I'm ill ?
I'm not being argumentative I am so angry and deflated by the situation whish I had never applied.
thanks for your input its appreciated

calcotti

Ivanjuva said:

So basically  until I am at  deaths door step I dont stand a chance. 

That is not true.

We can't comment on why you were refused because we don't know how your health condition affect your ability to carry out the PIP activities to the required standard.

if you decide to try and claim again make sure you understand how PIP is assessed
https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria
and get help if you need it
https://advicelocal.uk

poppy123456

You didn’t answer my question here.

poppy123456 said:

Did you have a paper based decision for the Tribunal? Or did you either appear in person, have a telephone or video hearing?

Ivanjuva

sorry Poppy had a paper decision. 

rebel11

Just a thought, claiming ESA might be an option, as you have conditions, but have some ability to work at this moment in time. 

poppy123456

Ivanjuva said:

sorry Poppy had a paper decision. 

Then that is very likely why you were refused. Paper based decisions have a much less chance of success and only between 5-8% of people have a decision in their favour. Those that either appear in person or have a telephone or video hearing have around about a 70% success rate. Was there any reason why you choose the paper based option?

For a paper based decision in your favour you will need to have a very good case, with extremely good supporting evidence.

poppy123456

rebel11 said:

Just a thought, claiming ESA might be an option, as you have conditions, but have some ability to work at this moment in time. 

New Style ESA can be claimed providing the OP works less than 16 hours per week and earns no more than £152/week after deductions. This is known as permitted work. They will need to have paid the correct amount of NI contributions in tax year 2020/21 - 2021/22. A fit note will also be needed.

If they can't work at all then their employer must pay them SSP if they're entitled to it for 28 weeks. New style ESA can't be paid at the same time as SSP.

They can also check entitlement to Universal Credit. As it's means tested if they live with a partner they need to claim as a couple. If they have savings/capital of more than £16,000 they're excluded from claiming.