Hi, my name is Lee56584! Second PIP appeal. Any help or advice is appreciated.

Lee56584

To give you an overview I applied for PIP in October 2022. This is due to having Colitis, osteoarthritis, depression, anxiety and PTSD. I had my assessment and the nurse put forward enhanced for both daily living and mobility. The DWP disagreed with this so it went to appeal. I sent some medical documents but my doctor at the time gave innacurate information.  At the first hearing I was told I should submit more evidence as the panel had never had such a big discrepancy between parties views which I did. I sent over all the evidence as requested and was due to have my hearing but on the day they overran and cancelled it. I was really upset but in the meantime I received a letter from the DWP saying they had a health professional view it and they had changed their mind and I was awarded standard living and enhanced mobility. This was in June. I received a back payment and one payment of mobility and standard living on the 11th of July. I was told to still appeal as I wouldn’t lose anything!  Which I did. 
I’ve applied for my car which is due September/October. I had a phone call from DWP last week to discuss my appeal. I explained the criteria I was appealing and why. They’ve  superseded my claim again and taken the mobility off me. I haven’t received the letter yet with their reasoning. I only know as my payment was significantly reduced and was told why when I rang them but the women couldn’t give me details as she said she was just a customer service agent. I assumed it’s because I went on holiday as this was mentioned in the phone call last week but this was with my daughter who cares for me and with assistance in the airport and whilst abroad.
I have just contacted the DWP again and asked to speak to a case manager they transferred me and the case manager said as it was a third party decision they couldn’t do anything about it. I asked what she meant and said it had went to tribunal. I said no it hadn’t could they go to tribunal without me knowing and she asked me to hold then came back with an apology and said she would get the case manager who was dealing with it would ring me back which he did. I asked why my claim had been reduced from 12 mobility points to 4. He said it is because it was deemed that I can plan and follow the route of a journey unaided. This is due to the fact that I went on holiday. I feel this is very discriminatory as the way it sounds is that disabled people cannot go on holiday. I explained on the phone previously that I had assistance in the airport, during the flight, I took calms for the flight, wore incontinence pads and our seats were sat next to the toilet. My daughter was with me the entire time. I was provided with a wheelchair to take me to the flight and I had a mobility scooter while on holiday. I really struggled but I tried to power through as both myself and my daughter have been through a lot the past few years and had the opportunity to. There was no question during the phone call about how I was after the holidays or the impact it had or the planning etc beforehand to try and reduce my overwhelming anxiety and distress. 

I would also like to point out that I’ve requested a copy of the expedited phone call on the 13th of June as apparently I should have been told that going for another appeal could reduce my payment. I was told I had nothing to lose as I would still get the same or higher if I won the appeal. I would not have went ahead if I had thought it could change in a negative way. The gentleman stated that DWP have requested an extension till the 29th of August. Their reply was due on the 21st of July, I received the phone call on the 1st of July so I would like to also find out when they  asked for the extension. Can I do this? 

I find it extremely unfair that someone with no medical background can make decisions such as this. If anything the descriptor should have been changed to D cannot follow the route of an unfamiliar journey without another person. As I said aids were put in place and I am very aware that the consideration of PIP is classed as most of the time. 

This is causing even more stress and anxiety and impacting my health as I have battled to be heard since October 2022 had many issues along the way, I’m now in a position where the mobility car I have ordered will have to be sent back. It is due next month. 

Any help or advice on the matter would be greatly appreciated. This has caused me to have another massive flare of my illness. I feel sick to my stomach that not only do I have to wait even longer I’ll now have to fight for my rights yet again.

Nikkita

Hello Lee,

it seems to me that despite them saying that they are there to help you and not trip you up on questions, is quite the opposite. We shouldn't have to fight for our rights, if we give enough information, hopefully with back up information. It should be all done and dusted within a few weeks.

Anxiety will obviously affect your colitis and your mental health. I suppose they are being extra careful as although your claim is genuine, many others aren't. I knew a woman who had a very minor stroke, her and her husband had never worked a day in their lives. Even before her mini stroke they knew how to 'fiddle' their electricity meter. They never paid for a TV licence and too many other things to mention. After she'd had this mini stroke they got a car and an electric Motability scooter.

She didn't seem to need her scooter or a car when she was gardening or cleaning out her Coy Carp pond.

The system is all wrong, I'm waiting for my decision on PIP. I'm expecting the worst but hoping for the best. I guess it has to be left in the hands of someone who doesn't know me or care about me.

I wish you the best and fast outcome.

Nikki.

Lee56584

Hi, thank you for the reply. Yes I understand that. I’ve always worked really hard even sometimes when I’ve been really poorly. Some people do try and con the system which is sickening for those of us who are genuine. I really hope you have a positive response too

Xx

Albus_Scope

Heya @Lee56584 and welcome to the community.

I'm so sorry to hear how the DWP have treated you, I agree that all sounds very unfair. To clarify, have you already had the appeal, or is it still ongoing?

Lee56584

Hi, the appeal is still ongoing. The last appeal was closed as DWP superseded their original decision last minute. This second appeal hasn’t been heard yet. I just had the discussion with a case manager last week and he decided I wasn’t entitled to the mobility part as I went from scoring 12 to 4 in his opinion.

Thanks

poppy123456

Wow what an ordeal. DWP can change their decision at anytime, even after putting an award into payment.

I see you haven't yet had the Tribunal hearing which is a good thing. Can you please confirm that after DWP offered you that award did you then request another Tribunal hearing? When DWP offer an award and you accept it your appeal will lapse and you need to request another.

Have you requested to either appear in person or have a telephone/video hearing as either of those will give you the best chance of a decision in your favour.

If the Tribunal plan on removing points they ( the Tribunal) would need to warn you before doing this. As it was DWP that changed their decision again then there would have been no warning.

One last question, are you claiming for mental health as well as physical?

Lee56584

Hi,

Thank you for the replies. It’s much appreciated! yes I appealed again which is why the case manager rang me last week- to discuss the new appeal. I received the offer from DWP and accepted it but the person on the phone advised me to start a new appeal which I did which then resulted in this fiasco.

I’ve requested either but I’d prefer the video call as was planned before with the first appeal.

I received the back pay, one payment of mobility with the daily living on the 11th of July then as he changed the decision again I only received the standard daily living payment today.

Yes I’m claiming both physical and mental health

Thank you

Lee56584

Hi, just a further update. I’ve had a phone call from the line manager from PIP in regards to the lack of communication regarding the ‘health warning’ I was supposed to receive and she stated that my phone call didn’t record when I spoke to the case manager so they can’t confirm that. I’ve explained already that if I had been told it could change to my disadvantage I wouldn’t have went ahead with the second appeal. She said she was going to put a complaint in on my behalf as it’s bad practice. However, I’m no further forward and still very upset.

poppy123456

When you requested the Tribunal for the 2nd time did you wait until the award was put into payment before you did that?

Lee56584

yes I got the first payment on the 11th of July then didn’t hear anything about the next appeal until the 1st of August which is when they stopped my mobility payment

poppy123456

What do you mean you didn't hear anything about your next appeal until 1st August? Providing you didn't request it before the award was put into payment then that's ok.

DWP can still revise the decision at anytime, if new evidence comes to light unfortunately. The only downside now is that your appeal waiting time will start from the start again and it could be up to a year.

Lee56584

I mean the case manager didn’t contact me until the 1st of August about my second appeal to ask me some questions. They didn’t have any new evidence as far as I’m aware just my evidence from the previous appeal.

Yes that’s why I’m so frustrated. If I had been told appealing again could put me at a disadvantage I wouldn’t have went ahead with but never mind. At least they’ve acknowledged that there is a fault in the system in regards to communication. It’s another year of stress and worry but at least it’ll be heard eventually and I can access more evidence in the meantime which is also positive I suppose