My PIP review is coming up, and I am really worried

JCam43

So, to cut short a very long and drawn out process that has caused so much unecessary stress and pain, when I applied for PIP originally my claim was completely denied, with the DWP scoring me 0 on every single point, and the Capita assessor lying about our phone assessment, despite the fact I am in the Support Group of ESA and receive an advanced rate.

I took them to a Tribunal with supporting evidence from my doctors and a breakdown in writing refuting all of their points as to why I score nothing. The DWP did not show up to the hearing, and the Judge in question told me that my appeal was one of the best he had read, and that it was abundantly clear that I am eligible for PIP based on the DWP own criteria.

I feel very strongly that I was treated unfairly by the DWP and discriminated against in my appeal, and am very grateful that the judge I was assigned was on my side. Unfortunately though, the award was only given for a year despite my condition being chronic and not having improved any in over a year, and now the review for that is back in the hands of the Department of Work and Pensions. I'm concerned that they are going to flat out deny my claim again, especially as I won at the Tribunal and shown them up, so I'm just wondering if anyone has any advice for a case where there is clear bias and misrepresentation?

Should I write a belated formal complaint? Is there anyone I could speak to about having the review heard by someone impartial rather than the DWP who clearly have a bias? I'm incredibly stressed about this and really don't need it right now with recent bereavements in the family, it has come at the absolute worst time and I am already feeling defeated before the process has even fully started.

poppy123456

Sorry for your loss! Your review decision can only be made by a decision maker from DWP unfortunately. This applies to all decisions for any benefit claim. 

Being in the Support Group doesn't automatically entitle someone to PIP. I'm not sure what you mean by advanced rate of Support Group, there's only 1 rate of Support Group. 

For the complaint, In my opinion that should have been done at the time you were refused, rather than a considerable length of time later. 

When you receive your PIP forms I'd advise you to treat it as a new claim and give as much relevant information as possible.

Also include a couple of recent real world examples of exactly what happened the last time you attempted each descriptor that applies to you. Include detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were. You should aim for at least half an A4 side of paper per descriptor that applies to you. 

I would also advise you to include the decision letter from HMCTS  as evidence.

There are long delays for review decisions but your current award should continue until the decision is made as I believe this applies to awards made by the Tribunal as well. 

Albus_Scope

Hi @JCam43 and welcome to the community.

Firstly, I'm so sorry for your loss, I understand how the added pressure is not needed right now!
I can see Poppy has given you some top advise, but I wanted to pop in and say hi.  

JCam43

I made the post at gone 3am last night while I was worrying so it isn't as concise as I would like it to be, apologies for the ramble, I would edit it if I could. What I meant to highlight with my mentioning of the ESA is that my claim there began with the standard rate but I am in the support group now (thus the higher rate), and that while obviously receiving ESA does not result in an automatic win on PIP, the criteria are similar, so I meant to reflect that being scored 0 on absolutely every point of PIP while simultaneously being ill enough for the support group of ESA, and meeting PIPs criteria in my daily life, shows at the very least unfair decision making on their part, as it was abundantly clear to the Tribunal that the criteria was met.

I can't turn back time unfortunately- I didn't complain at the time because I didn't want to poke the bear when they hold the power over whether I can afford to eat or not, and it took winning at a tribunal to get a fair decision out of them. It is belated, but I do feel that the way I was treated before is relevant to my anxiety about them reviewing the case this time, hence wondering if there were procedures for those who feel unfairly treated now I have a little more confidence. In a perfect world I would have acted sooner, but begging for scraps from the DWP is really a soul crushing process, and at the time I couldn't face any more trouble on top of the daily suffering of my existing conditions. 

Yeah, I am not worried about the forms themselves, like I said I was given positive feedback by the judge and would go into writing this like I would a new claim. Its not that I struggle with understanding how to make a claim or review so much, its that my concern is even if my papers are sterling with a lot of supporting evidence as they were previously in application and appeal, I will be refused without legitimate justification as I was before. If there is nothing that can be done if I feel there has been unfair bias and the disregard of evidence and their own criteria then I guess I can do nothing, my main concern is wondering if there are any avenues to have this concern addressed as it relates to them reviewing the claim they originally tossed out. I don't trust them to be fair in short, as I have seen first hand their willingness to ignore evidence and lie.

I will certainly include a copy of the HMCTS decision as evidence though that is a great idea. Appreciate you making a reply!