Screaming for help!

gussiefinknottle1

I received my PIP review and requested a mandatory reconsideration, as I had been awarded standard rates of both personal care and mobility. I believed, and still do that I should have been awarded the higher rate mobility component.

I have now received a letter regarding my mandatory reconsideration this morning, the 12th of June and they are sticking with the standard rates for both care and mobility.

“ we have used what you told us and all of the available evidence to make our decision”

there is no evidence, I was unable to provide any as I have not seen any specialist in my disorder for a number of years.

“we have reviewed the evidence including the assessment report”

I have not been assessed by anyone in person or on the phone so how could there be a report?

I still disagree with the mobility allowance I have been awarded, and I now I have had time to think about this, I now believe I should qualify for an increased award of the personal care component

I have no choice but to take this to the next stage and take it to tribunal, however I have no support.

I did reach out earlier this year to a benefits advisor for help with both my transition of housing benefit to UC housing element and my mandatory reconsideration as these happened at the same time, however the advisor was of no benefit whatsoever, starting with a complete lack of interest in my PIP claim and also getting the figures wrong regarding my transition from housing benefit to UC housing element despite my giving her all of the correct information. The figures were wrong, as a result I have no confidence in the organisation that was supposed to help with benefits advice.

Also registering with the DWP to make a challenge to this decision is going to be extremely difficult as I cannot use public transport and have no access to private transport therefore getting to any appointments with benefits advisors is going to prove very demanding physically, mentally and financially given the limited time I have to do this. And as I was told some years ago going forward with a challenge to benefits decisions without support is unlikely to be successful you can imagine what this is doing to me.

I need help.

Ranald

What have your local CAB to say about it? They have trained benefits advisers that you can make an appointment to see.

gussiefinknottle1

I’m reluctant to contact them because it was them who mucked up the UC transition earlier this year and they gave me and my OH duff advice years ago about UC when it was first being rolled out that we saw through and didn’t follow through.

Unfortunately I’m probably going to have to give in anyway because I couldn’t contact them today because it was too late. In the meantime the clocks ticking and I’ve only got 3 weeks from today to deal with it.

Monday morning I’ve got to try and get an appointment with the CAB and contact my GP about the referral to the neurological rehab team I requested as they’re the only ones who can do any reports to support my claim.

gussiefinknottle1

I thought that occurred to me as I need someone who is a benefits advisor and knows what they’re doing to read everything I wrote on the original review form, it’s possible that they can see exactly where the flaws are with the points awarded by the DWP, if I could find somebody who can do this and support me through the tribunal. I might actually get the increased awards that I qualify for.

Trevor_PIP

@gussiefinknottle1 a Mandatory Reconsideration rarely changes the original decision, it is nothing personal to you. You will need to appeal now. Is this a first time claim? You could have had a paper based assessment, as you have sent in enough information for the DWP to make a decision and you would not be contacted! What has been stated in your responses from the DWP are standard responses. It will be a standard letter that goes to all. The appeal process can be up to one year. I can't advise you on what to do, that is up to you and what you think you should have been awarded. Personally I would just accept their offer to save a lot of hassle, but that is me. Best of luck with your PIP claim!

gussiefinknottle1

hi Trevor, I’ve been on PIP for about 10 years now on the standard rates and have secondary progressive MS. In the 10 years I’ve only had one face to face at the beginning and two telephone calls all three times awarded me the same rates but at increasing times.

But I’ve deteriorated over the last 18 months and my mobility has got considerably worse and my overall health including COPD has also declined I’ve also developed other conditions. My mental health is not doing well as my own health has got worse and my partner of nearly 40 years was diagnosed with a blood cancer which can’t be cured with chemotherapy it can only at best prevent it from getting worse at least till it doesn’t, which means he’s now got a life limiting disease. In addition he’s likely to have an autistic spectrum disorder which is undiagnosed and I’m struggling with his needs.

How much more do I have to take?

Trevor_PIP

https://forum.scope.org.uk/discussion/comment/1040236#Comment_1040236

Thanks for the reply. I fully understand now. You will need to appeal. You obviously need help with this and a benefits advisor is the person you need. Unfortunately I can't help here as I did all the PIP form filling myself. There have been replies on this forum where you can find out if there is a Benefits Advisor in your area, but I can't remember the detail, maybe @Rosie_Scope can help here.

Holly_Scope

Hi @gussiefinknottle1 really sorry to hear about your CAB experience. You could try Advicelocal or Turn2us benefits advisor services.

gussiefinknottle1

UPDATE

My appeal to the PIP tribunal will now proceed and the points awarded are riddled with errors including the personal care component.

But my question is do I need someone who can represent me legally? This could prove difficult as I will opt for a zoom call on my tablet as getting to the court would be difficult and expensive as I’d have to take a taxi.

The CAB used to provide this years ago but I don’t think they do anymore anyway my home environment isn’t somewhere that a legal representative would enjoy (dirty, dusty, and smelly due to years of neglect and sometimes noisy not something that I can prevent as noise isn’t from my home) I used to joke that I wasn’t ready for a visit from Kim and Aggie but I am now.

Trevor_PIP

https://forum.scope.org.uk/discussion/comment/1044183#Comment_1044183

You don't need somebody to represent you legally, I went to my Tribunal on my own. You can have somebody with you, but it may be better to ask somebody in the know who you can have with you.

chiarieds

Hi @gussiefinknottle1 - a PIP tribunal doesn't need legal advice as mentioned. Most PIP tribunals are by phone/video call to your home, & you can have someone with you for support during that call should you wish.

With a PIP tribunal there's a judge, usually a Dr., & someone with an understanding about disabilities. They will ask you questions about the difficulties you face thinking about those PIP activities you've identified as those you struggle with.

Please put the assessor's report or the points you were awarded behind you (tribunals won't be interested in these, rather hearing from you), & concentrate your thoughts as to where you should have scored points, & why.

I wonder if you've tried the link that Holly gave above to Turn2us, tho this is a better link if you choose 'Benefits' from the drop down menu? : https://advicefinder.turn2us.org.uk/ See if you can find a Welfare Rights Office that may be able to help with your appeal. If not, then yes, you can do this!

Please come back with any questions.