pip refusal then accepted

ronnie0305

Hi guys I'm new here so firstly let me introduce myself I'm ronnie from East Midlands. I'm a bit of a tec geek and a genuin person, not one for drama but definitely one for having a laugh or a chat with when i able.

I had brain surgery back in 2021 which limits the time I'm able to spend online due to really bad head pains and neural damage caused during surgery. But I do try to push myself more and more every day  

So the headline

It's more of a vent or a let me know your thoughts.

I have applied for pip three times now all three times have been for the same things the head issues back pains chronic joint pains hip problemssnd groin pains. depression anxiety from trauma all diagnosed and with evidence but I was turned down all 3 times.

During all three of the phone appointments which I thought went well they lied they either left out vital information or misled what I had told them which led to me having to do a mandatory reconsider the first 2 times I lost I could have gone to the courts but with my anxiety as bad as it is I could not have gone to a public court house I would have had a panic attack.

But this time round after only scoring 4 points originally and given no different answers than the other times I won the m.r I dont yet know what score I got but It bugs me that it was refused twice in the past for the exact same thing.

How many people in need don't get what they need.

nasturtium

Hello ronnie0305 and welcome to the forum.

Congratulations on getting an award

The information bellow is just to highlight what PIP is about and the reasons why you might not have been awarded in the past and information about going to appeal if you are not happy with the award you have after your MR.

The key to having an award that you are entitled to is to understand the PIP activities and the meaning of the descriptors. You need to do all of the PIP activities that apply to you Reliably and that is safely, repeatedly, in a timely manor and to an acceptable standard. You need to pass all four of those criterias for you to be assessed as being able to complete the activities reliably so scoring Zero points.

So if you are in severe pain doing an activity and become breathless and need to stop to rest frequently because of pain in joints then you should be assessed as not being able to complete the activity Reliably because you cannot do the activity in a timely manor or to an acceptable standard.

So if you are preparing and cooking a simple meal from fresh ingredients and you have pain in your joints and hips while you are standing doing the preperation then you could use the aid of a Perching stool to help to releive the strain on your joints to aid with preparing a meal. This would meat the "Needs to use an aid or appliance to be able to either prepare or cook a simple meal" descriptor for Activity 1 of PIP https://pipinfo.net/activities/preparing-food and it means you could score 2 points for that activity for needing to use an aid to allow you to prepare yourself a meal Reliably.

PIP is not about your diagnosis but how your conditions impact your ability to complete the PIP activities that apply to you.

ronnie0305 said:

I have applied for pip three times now all three times have been for the same things the head issues back pains chronic joint pains hip problemssnd groin pains. depression anxiety from trauma all diagnosed and with evidence but I was turned down all 3 times.

During all three of the phone appointments which I thought went well they lied they either left out vital information or misled what I had told them which led to me having to do a mandatory reconsider the first 2 times I lost I could have gone to the courts but with my anxiety as bad as it is I could not have gone to a public court house I would have had a panic attack.

The assessors do not lie they give there opinon based on what you put on your PIP2 Questionnaire form. The assessment os only there to get extra information from the Claimant. The time to explain the impact of your problems because of your conditions is on your PIP2 Questionnaire form. If your personal written anacdotal evidence is written on the PIP2 Questionnaire form they then cannot give a false opinion because all of your relevent information is written in black and white on your form.

It would be strongly advisable if you are not happy with the award you have after your MR to go to appeal because any award you have been given will not be removed because if the tribunal think your award will be in jepardy and you would get a lower award from a tribunal they wil inform you and give you a chance to remove your tribunal application so protecting your origional award. So basically you have nothing to lose by appealing.

I hope that helps and welcome to the forum.

Nasturtium

ronnie0305

It is the prospect of going g to a court house something really bad happens to me and I've been suffering ever since and the last time I saw the person was in a court room I honestly feel going in to or even going up to a courts front doors would make me have a true to life panic attack.

When I say lie I mean in the final report things are left out for instance they spoke only of my lower back pains when moving around and scored low. But they left out the hip giving way my groin pains the joint pains in my ankles knees and so on. There were many instances like this in the final report they would single one thing out and ignore the rest.

My wrist are really bad and I often use a text to speech and then edit after as it's easier and I have a special mouse etc I explained to them that my grip is bad my Dr's records show this I get extreme pains when I try but they said if I can hold a fork I can prep a meal.

Today I found out my decision they have awarded me standard rate on both daily living and mobility allowance I'm not happy about it but I did expect it after being refused twice before now I guess I have a decision to make

poppy123456

When requesting a Tribunal you do not need to appear in person. Most hearings are by telephone anyway, though some are also video call. You can request a telephone hearing if you prefer that.

The stats are exactly the same which ever one you choose and there's about a 68% chance of success.

Paper based hearings have a much lower success rate at only between 5-8%. For this reason i wouldn't advise you to request this.

It always helps to have some understanding of the descriptors and what they mean because it may not be possible to score more points for a higher award. It does depend on how exactly your conditions affect you against the PIP descriptors. This link may help. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Or you can get some expert advice from an agency near you. https://advicelocal.uk/welfare-benefits

As you are probably aware, the most likely outcome of the MR will be the decision doesn't change as only about 23% of them do in the claimants favour.

chiarieds

A tribunal can be just over the phone or by video call, so if you were asked to do this face to face you can show every reason why this would be difficult for you, so I wouldn't worry, as you can just do one at home.

ronnie0305

Oh for the Las 2 years I have put off going to a tribunal purely because I was worried about going to court.

I think if I can do it over the phone then it really would help me to look in to this further get some advice and do ot right. I suffer every day and night. Last night I laid in bed and it was 6am before I finally drifted to sleep because of pain this is a daily thing for me I am exhausted 😩

chiarieds

That's great that you'd be fine doing a tribunal over the phone. You can see if you can get some local expert advice by checking here: https://advicelocal.uk/     choosing 'Welfare benefits' from the drop down menu. Hopefully there's a Welfare Rights Office (or other organisation) that may be able to help you.

Hannah_Alumni

Hello @ronnie0305

Welcome to the community! I'm sorry to hear you have been though so much with the PIP process but also with your health. I wanted to check in and ask if you have told your GP about your pain levels? Have you got an ongoing plan for pain relief? If you are finding it difficult or don't feel you have the best communication with your GP. I'd recommend asking about being referred to the pain clinic for more support.