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PIP new condition

salty1212334

I applied for a reconsideration for PIP but I have recently been told no 0 points on all they have said this "any new conditions or deterioration in your diagnosed conditions since your assessment cannot be considered and u would have to submit a new claim" I got put on LCWRA last month one of my things was for mixing with other people how can PIP give me 0 for this when it don't go off diagnosis I put this in my pip claim as well. I sent my medical record and I have been diagnosed with aspd/bpd and osteoarthritis in my knees I put this in reconsideration but not in original application so do I reapply or will it be a waste of time

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salty1212334

I also told the manager at pip when I put in reconsideration over phone that I had new diagnosis and he still let me do reconsideration should he not have told me no with new conditions it was 12 months ago when i had first assessment i could have reapplied with my new conditions and not had to waste 2 months for reconsideration

Albus_Alumni

Hi @salty1212334, I'm so sorry they'd not made things clearer for you!

By the sounds of things, as you would be declaring new conditions previously not mentioned in your original application, you would indeed need to start a new claim.

salty1212334

Albus_Scope said:

Hi @salty1212334, I'm so sorry they'd not made things clearer for you!

By the sounds of things, as you would be declaring new conditions previously not mentioned in your original application, you would indeed need to start a new claim.

Ok thankyou I will apply again I have evidence I never had first time

Albus_Alumni

No problem @salty1212334, good luck and remember to just take your time with the forms.

Keep us updated and don't hesitate to yell if you need any advice.

salty1212334

Albus_Scope said:

No problem @salty1212334, good luck and remember to just take your time with the forms.

Keep us updated and don't hesitate to yell if you need any advice.

Hi when I phoned they told me I had 8 weeks to send evidence I sent the evidence back a couple of weeks ago but the letter they sent me is dated 13th of september I also phoned pip 2 weeks ago just before I sent evidence to make sure I had 8 weeks and they said yeah yet they have sent a decision letter before I phoned them so they had already made a decision when I phoned them but still agreed to 8 weeks they have not even seen the extra evidence what do I do now ive mentioned it here and its dated so I can prove there wrong they have messed up. The royal mail is messed up here I saw something about ofcom stepping in I have only just received the letter dated 13th sep today. My post on here was 20th sep the letter they sent me said i had 4 weeks it was dated aug so 4 weeks would have been sep. So I phoned them to double check when i made that post so it was after the 13th I also have the call in my call log and they agreed to it they say its not about diagnosis i told them how i cant be around others before any diagnosis so should that not be classed as extra evidence to support the claim instead of them calling me a liar ive spoke to a psychiatrist since my first claim to back up what i am saying i sent them the report but they have not received it what do I do now

Albus_Alumni

Hi @salty1212334, sorry to hear it's been such a nightmare! I agree there's something off with the DWP sending letter, but them arriving three weeks later, it really doesn't make things easy for anyone!

Though I still say it's probably best that now you have a condition you hadn't previously disclosed, it may still be best to do a whole new claim.

chiarieds

Hi @salty1212334 - I'm sorry your PIP claim hasn't done well, but politely (yet vehemently!) disagree with @Albus_Scope .....it doesn't matter if you have a new condition diagnosed, because, as we all know, PIP is not about any diagnoses rather your functional ability to safely do any of the 12 PIP descriptors that are applicable.

Unfortunately salty, when you ring to ask for a Mandatory Reconsideration (MR), then the MR starts from that point in time, which is why it's always better to put it in writing, ensuring you put down all that you wish to say, & also gives you time to get any relevant evidence to send with it.

With a new claim, there's a danger of repeating what you've done with this claim, which sadly may lead to another refusal. Consider also you'd have to wait for an assessment, then your decision letter, & you can see how long that's taken you this time around.

I would suggest looking through this link as concerns your mental health problems. It's about a PIP claim, but I feel may be helpful in seeing where you may need support/prompting, have difficulty, etc. as well as the fact that you have difficulty 'mixing with other people,' which you've mentioned. Please see: https://www.mentalhealthandmoneyadvice.org/en/welfare-benefits/pip-mental-health-guide/help-with-your-pip-claim/how-to-fill-in-the-pip-form/

I would consider appealing to a tribunal, & it may be an idea to see if you can get some expert help with this hoping it will help you move forward. Please try https://advicelocal.uk/ choosing 'Welfare benefits' from the drop down menu. Hopefully there may be a Welfare Rights Office that can help.

salty1212334

Hi @chiarieds I will phone on monday to see whats going on. They definitely said 8 weeks on the phone twice I posted here in aug when I first spoke to them then on 20th sep to make sure it was 8 weeks. I have sent my medical records and a psychiatrist report I also wrote a letter with what descriptors I think I should have got and reasons why. If I do have to go to tribunal will they make me turn up there. Also do they record calls as I have phone records when I contacted them and the duration I was on the call for.

I had help from a health coach at jobs 22 I only ever spoke to her over phone she told me what to put but I never told her about certain bits as I didn't no her and I wasn't comfortable telling her I also put the same on my first LCWRA decision I got told no so I applied again and put exactly what was going on and got LCWRA on my second assessment. I dont think my original form has helped me I will also look at the link u posted thanks a lot and getting help will be hard for me I don't speak to many people I always think the worst about everything I am ok on the phone I shout if I get angry though. I might be able to speak to my neighbour he treats me like I am his son and hes sisters husband was the mayor of my town he's still high up in the council I don't no if he could help

Albus_Alumni

Haha, not a problem at all @chiarieds, I'm just going on personal history with PIP, you are the font of knowledge and I respect your skill in all things benefits.

chiarieds

Hi @salty1212334 - I can understand exactly where you're coming from in telling someone you don't really know about any difficulties you face looking at some of the PIP descriptors (& also with LCWRA). I know I had difficulty repeating some things to my son who wrote up my PIP claim from what I said a number of years ago.

As you realise, the important bit is getting your thoughts together about what you want to say, & then try & give a couple of detailed examples as to exactly why you have difficulty, & what happens, & are there any consequences to doing/attempting an activity? These real life examples show the impact on your daily life.

I don't know if there'll be any record of your calls to the DWP, but, when you ring, you are just talking to call handlers usually, & they shouldn't be giving any particular advice.

If you do go for a tribunal you can ask for this to be done by phone (you can also have someone with you for support; perhaps the good neighbour you mention). Otherwise at least your neighbour might help you with phone calls beforehand to see if there's a Welfare Rights Office near you. If not, it sounds like you're getting a much better understanding as to how to write things down for PIP, & you can always continue to ask questions here too.

salty1212334

Hi @chiarieds I have wrote a email to citizens advice there is one in my town hall ive tried to explain the situation the best I can. I will also phone PIP tomorrow to see whats going on thanks for advice much appreciated

poppy123456

salty1212334 said:

Hi @chiarieds I will phone on monday to see whats going on. They definitely said 8 weeks on the phone twice I posted here in aug when I first spoke to them then on 20th sep to make sure it was 8 weeks.

As chiarieds has advised, the time starts ticking when you request the MR. Timescales are just a guide. A decision can be made at anytime. Saying it can take up to 8 weeks is again just a guide. Some people have a decision in less than a couple of weeks, some 4 weeks. Some also longer than the 8 week guide.

I also think that starting a new claim isn't always the best idea. Doing this and using the same evidence you previously used could see another refusal. The majority of the time it's better to proceed with Tribunal.

If you start a new claim and then get another refusal the whole process starts all over again.

chiarieds

salty has had a decision on their MR, but had previously been 'advised by the DWP' that they had 4-8 weeks in which to send any further evidence, This they were hoping to do, just to find that a decision had already been made. This is why they've emailed Citizens advice to get their help. A tribunal may be the quickest way forward I also thought.

It would be good if you let us know when Citizens advice reply @salty1212334

salty1212334

Hi @poppy123456 they definitely said I had 8 weeks to send evidence I posted here about it twice I phoned them after they made the decision not noing because of post being late and they said I have 8 weeks. I also have extra evidence what they haven't looked at I sent it in the post the day I made the second phone call. What is a tribunal im not going to be in a room with judges am I I can't do that the part about mixing with others how can that not be the same as LCWRA descriptor

chiarieds

A tribunal is just a judge, a Dr, & someone with an understanding of disability. It's quite informal as they are just 'inquisatorial,' & will want to ask questions to understand how your disability/health conditions affect you. You should have an option to have a tribunal with a phone call whilst you're at home. The current success rate this way (& face to face/video call) is currently 68% for PIP tribunals. Just it's not recommended to let them just decide on your paper evidence (a paper based tribunal) as these have a very low success rate of between 5 & 8%.

salty1212334

Hi @chiarieds that sounds better for me I wouldn't mind a phone call tribunal I will let u no what citizens advice say I told them I was advised on here to contact them thankyou

poppy123456

chiarieds said:

salty has had a decision on their MR, but had previously been 'advised by the DWP' that they had 4-8 weeks in which to send any further evidence, This they were hoping to do, just to find that a decision had already been made. This is why they've emailed Citizens advice to get their help. A tribunal may be the quickest way forward I also thought.

Thanks. Yes, i read the thread. What i'm saying though is that yes of course you have up to 8 weeks but a decision can be made at anytime, as we know.

This is just one of many reasons why you shouldn't trust what they tell you in any of the call centres.

salty1212334

Hi I phoned pip today he checked if my evidence had arrived he said it was not there he said they could have looked at my evidence if it was. He also offered me 2 weeks to get the evidence again and send it I told them I already sent it but theres another problem the bloke on the phone when I first rang told me it was a free post and I did not need a stamp so I sent without stamp now there telling me I need a stamp. I asked if the phone calls were recorded and they are so I asked them to check he said they will but thought I wanted to go to tribunal so I said I still want them to check phone call its not right when a manager is telling people they don't need a stamp when they do how many other people have been told that and accepted the MR refusal letter thinking there evidence has arrived this is wrong they have put me through more stress with there misinformation and where the hell is my medical records there supposed to be private. so they tell me I have 8 weeks but send decision letter after 4 and tell me I don't need a stamp when I do is there anything I can do about it they have all my calls recorded

poppy123456

That's terrible advice you've had there from the call centre but i'm not surprised.

DWP postal addresses are freepost and 2nd class only so no, you do not need a stamp. If you want to send it first class you can pay the difference and then a stamp will be placed onto it.

Calls are not automatically recorded. Some maybe recorded but it will be for training purposes only. They may have a call log to say you rang but it's highly unlikely that they will be able to provide details of what was said during that call.

You need to remember that when you ring PIP you're speaking to someone from a call centre, who has very little knowledge in the benefits system. They will mostly tell you what you want to hear.

Yes, a decision can take up to 8 weeks but as i advised, that's just a guide, a decision can be made at anytime.

As you've already had the MR decision letter you can now proceed to Tribunal.

salty1212334

Hi the bloke on the phone said he could see I was told 8 weeks he did offer me 2 more to get evidence there but told me I needed a stamp witch is nonsense. I live in a town called nuneaton if u look at royal mail post in nuneaton its bad there's a post that says ofcom had to step in on nuneaton news how is this my fault my letter would have arrived if it wasn't for this the bloke on the phone said tribunal would be better I can send my evidence online I don't no if its true could u confirm this I get better advice here pip call centres are useless