Hi, I wasn't awarded PIP

LTP

Sorry once again for the long delay to reply. I’ve been unwell and just not able to focus on things. No one else can drive unfortunately so it’s either I drive or we don’t go anywhere. I have finally finished the mandatory reconsideration form. I explained that I was unwell so that’s why it took longer than the month. We went through each section and said how many points they gave me (0) and then Explained  how many we thought I should have and gave examples. We explained that even though they say I don’t “have any diagnosed conditions” multiple times throughout the letter they sent that I shouldn’t need a diagnosed condition and I’m still awaiting appointments and tests but that doesn’t negate the symptoms and difficulties I’m having. I sent it first class and got proof of postage so hopefully it gets there ok. What are the next steps now? I know someone said they 

poppy123456

There's nothing more you can do until a decision is made on the MR, which can take up to about 12 weeks. Once the decision is made on that if you're not happy you can proceed to Tribunal. 

LTP

Sorry I can’t figure out how to edit the comment I posted too early. I know someone said that they will likely not change their decision under the MR so what comes after that? Do I have to do something else or how does it work? Thank you!! 

poppy123456

Only about 23% of decisions change at MR stage so not a high success rate. As I advised, if you're not happy then you can proceed to Tribunal.https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

LTP

Thank you. Will they inform me when they receive the MR form they way they do with the application form? If I do get MR or something at tribunal is that back dated to my original claim from October or does it start from when I ask them to look at it again? I am worried I won’t get anything because they just kept saying for everything I don't have a diagnosed condition. According to the PIP guidelines I don’t need one but this decision maker has focused so much on it that I worry until I find out what’s wrong with me I won’t get any help. I know people can lie about things so having a definitive diagnosis would minimise this but it doesn’t help people like me who are really sick and stuck in limbo. I would love to know what’s wrong so it can be fixed but I’m not having any luck. 

poppy123456

Sometimes they send a text to say they received it but not always. If they do then it may take a few weeks for them to send it.

If awarded at any stage,  it will be paid from the date you rang to start your claim, providing you had the difficulties for at least 3 months at that time. 

You shouldn't focus too much on the refusal due to no diagnosis because as you correctly stated, you don't need one. It's just another reason for them to refuse you. 

LTP

Thank you and thank you for all your help!? 

LTP

Hello, me again. So I’ve received a letter saying they’re looking at my claim again. They said if I had further proof I wanted to send they said I could send it to them. I still haven’t seen a neuroglist so no proof then but I do now have a letter about my DFG adaption for the problems I’m having and it explains what is being adapted and why, is it worth sending this to them? 

LTP

Hello, I just wanted to update everyone and thank you for your help. I’ve been awarded PIP today after asking them to reconsider. I first applied beginning of October 2023. They haven’t given me mobility and they’ve given me low rate care but it’s something and I’ll take it so I don’t have to go through the stress of tribunal. They’ve said I can tell them of a change of circumstances as and when I get more information about what’s wrong with me and then they can relook at things but for now at least I’ve got something. Thank you for your help.

Rosie_Scope

That's great to hear that you've at least got the low rate care @LTP, thanks for updating 😊 Glad that our members were able to give you some advice and support through it all. Hope you're doing as well as possible!

poppy123456

Are you aware that once the award is put into payment you can then request another Tribunal? You do not need to go through another MR request because you’ve already done that. Your existing award will continue while you wait for the hearing and a decision to be made.

If there’s any possibility of losing your existing award HMCTS will warn you before removing points. This will either be through letter before the hearing. Or on the day of the hearing and they will then adjourn that hearing for you to go home and decide what you would like to do. If you decide to cancel the hearing your existing award will continue as normal.

LTP

No I didn’t know this. I thought if I tried to pursue it further they may stop the back payment for the award I was given and then pause it until the tribunal and then I’d be in limbo for however long. Thank you for telling me this. Is it worth me pursuing it then? I guess my biggest worry is I don’t have so much “proof” because I’m still in limbo waiting for a diagnosis and I am having my house adapted but mostly I’m just waiting to see specialists and have tests so don’t have a whole heap of evidence to use at tribunal other than myself and my wife’s evidence of how our lives have changed and how I’m impacted. Stress definitely makes it worse so just wondering if the stress of the tribunal is worth it. Any advice would be most appreciated thank you

Jimm_Scope

The best evidence @LTP comes from you, saying how your day to day life is affected by your conditions. You don't need a diagnosis of any specific illnesses. If you are unsure what to say or bring have you tried reaching out to your local Citizen's Advice to see if there are any advocates who can help you prepare for the tribunal?

poppy123456

Whether it\s worth continuing will depend on whether it's possible to score more points for a higher award and I can't tell you that. If you're unsure then you can get some expert advice from an agency near you. You will need to wait for the award to be put into payment before you request another Tribunal.

LTP

Hello, I’ve finally finished my tribunal paperwork. I don’t have multiple proof etc because I don’t have a diagnosis but I went through point by point to explain how many points I got and how many I felt I should have. I got my back payment on the 27th of June and it said it was up until 27th of June and then I’d receive my low care every four weeks on a Friday. To my calculations that means I should have been paid on the 26th this Friday just passed but I haven't had a payment - could they have stopped it because I did the paper work to start to take them to tribunal? Thank you!

poppy123456

Your award will continue while you wait for the Tribunal decision. You will need to ring PIP tomorrow when they open.

LTP

Ok thank you. It was a coincidence I think. I called them and they said it was locked because I needed to answer questions and then they asked me a few questions and now they’ve said they’re unlocked it. In terms of my tribunal do I need to resend all the evidence that I sent to PIP or will they forward that to the court? When it says send evidence can I sent anything newer that I have or does it all have to only be from last year when I claimed PIP originally? I’m unsure on what exactly I can send as evidence. Thank you.

poppy123456

You don't need to send anything that you've already sent because DWP will send that. You will receive a copy of everything in what's known as the "bundle."

You can send more evidence, if you have it. It doesn't have to be dated within the last year. What they won't be able to do is take into consideration any worsening of condition since the assessment took place.

LTP

Hello, it’s me again. An update incase anyone else is going through this and also a question. So the update is we got a phone call from PIP out of the blue offering me high mobility because they’d had “new evidence” it wasn’t new evidence it was evidence I supplied in November last year shortly after I first claimed. Anyway she said to take it and if I wasn’t happy that she was still leaving it at low rate care I could appeal again. Anyway a few days later we get a letter from the courts service saying PIP hadn’t filled their side of things and were in contempt of court and if they didn’t file within a week that they’d forfeit the case and the case would be decided without them. So I think they perhaps just called and offered me that to close the case because they were in trouble for not filing their side in time.

So I accepted and the tribunal was closed - had I known what the courts were saying I may not have but what’s done is done.

We accepted and then we appealed again which is what it says in the letter if we’re still not happy we can do.

Cut to today, I’ve just had a letter from the courts saying that PIP have said that I haven’t gone through the MR process. A process that I’ve now actually been through thoroughly. The first decision they said I couldn’t have anything. I did an MR then they said I could have low care nothing else. Then I did a tribunal and they said I could have high mobility and low care before it got to court and closed the case. On my paperwork it clearly says if you’re unhappy you can appeal again, it doesn’t say anything about another MR.

So what do I do? Just send off the original MR and the most recent change of decision through the appeal off to the Tribunal? Any help of advice would be much appreciated I hate that they make this so complicated and difficult when I’m already struggling so much just doing normal life.