Renewal
Hello everyone
I have a neurological, bone, muscle and nerve disorder. ADHD , arthritis, learning difficulties, dyslexia and depression. My condtion also causes chronic pain and fatigue. I use a stick and recently finally got my wheelchair.
We filled in and returned my renewal treating it like re applying.
We worked hard on it used the benefits and work sites guides to fill it in addressing every point, stressing thr things they continuously fail to take into account and don't award points for despite medical evidence as well.
We practically begged for a longer award as we evidencing how it takes its toll on me doing it every 1.5 years. (It's never 2) showed a report on how my anxiety spiked from my therapist.
They awarded me the same it was releif they didn't reject but they took none of the changes none of what we wrote into consideration again. They didn't award the points for the fact I can no longer walk the same distance nor what should have been applied due to the wheelchair , my neurologists and our written account stating I can no longer walk those distances reliably, safely or in a timely Manor...
They didn't award the points for now needing extra support for bathing.
They also didn't read the report from my neurologists about journey and planning...
Then to top it off the last paragraph said they took my anxiety into consideration and rewarded me longer yet they didn't years 2 years again (1.5)
I was having a bad flare up through October when we recieved the award and through Novemeber I have been going through Autism assemsents. A few days ago I was diagnosed. They have refused to acknowledge my autism symtoms I'm guess because though "you don't need a diagnosis" actually you do....
It's likely to late for MR I'm not im up to it anyway.
But what is it I'm asking for if we want to know what they have based the award on? Is it a full report that I'm asking for? I want to see the break down as I do not beleive they really read much at all.
If we fight this properly next time how do we do it? We thought we wrote such a point by point addressing form. Stressing all the effects and frequency etc
Who can help? What can we do I'm so sick of this.
Comments
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Hi @Laura Bradshaw - I'm sorry your award wasn't for longer despite your best efforts. However, I would like to say that you can still do a MR so long as it's within 13 months from the date on your decision letter. You do have to give a reason for now what would be considered a 'late' MR, but your health struggles are reason enough.
If a MR doesn't change your award, then the success rate with Tribunals is far more positive. You can also, if you wish, state that you just want the length of your award reconsidered if overall you're happy with the level of PIP you have been awarded again.
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@Laura Bradshaw I would contact a Benefits Advisor in your case. Turn2us is recommended. You were right to go into great detail and supply medical evidence for the review, I recommend it. Please do not take their responses personal, it is done to other claimants too. I will never understand why they give claimants like you a 2 year award, though you can ask for a longer award, which you did. It seems they have missed what you have been saying. You need to progress a MR and this can be done up to 13 months after the date on your decision letter. If after the normal month to apply, you will need to give a reason for the late MR.
In addition, you do not need a diagnosis for PIP, but since you got a diagnosis after the review, you could go for a Change of Circumstances. With this you could put all the changes down again with your new diagnosis added.
That is my thoughts, you do you, but it is why I mentioned the Benefit Advisor too, may be worth asking what course of action is best.
Both a MR and Change of Circumstances will look at your whole claim again anyway.
You can ask for the Assessment report and get that delivered too.
I don't know what you were awarded, but if you got enhanced rates for both, you can't increase your award. If the process stresses you out that much, you could leave all your new evidence and medical information to next time.
Better luck next time.
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Thank you
I have standard both.… they have not awarded "points" where they should my walking distance for example I can no longer do that distance and I use a wheelchair now. I recieved no points for help with washing despite saying that's gone from occasionally to everytime...and evidencing it.
They have ignored everything…
I feel so tearful because on a pip fb group they were awful and said why am I after more when I probably don't meet the markers.... I do though abd I'm so frustrated.... I don't know how change of circumstances will help when they've ignored everything we put in the review.... we spent weeks doing it to ensure each symtom and struggle met each decipher. I just don't understand why others don't seem to have the same fight....
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Hi again @Laura Bradshaw - some FB groups about PIP truly are awful, & best avoided!
I wouldn't advise putting in for a 'Change of circumstances' because they haven't changed, just you got confirmation that you have autism, the problems of which you will likely already have highlighted. A 'Change of circumstances' would also mean completing a new claim form & likely another assessment.
If you can, please consider a MR. Please put this in writing saying where you feel you should have gained points, & why. You can also mention your autism diagnosis here which just gives a name to one of the problems you already face.
Unfortunately PIP seems to me a 'tick book' exercise, so often doesn't reflect the challenges we face.
Altho you have obviously completed your review form well, what you also write with a MR will be seen by a Tribunal (if needed), so is worth it. It's also faster to proceed directly with a MR.
I wouldn't bother with your assessor's report; you are appealing your decision letter, not that. I wouldn't bother with a benefits advisor either at this stage, & mainly they help with Tribunals.
I hope you do continue with your fight. Please come back with any questions & my best wishes.
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Standard for both is clearly wrong from what you have said. You clearly have evidence that would and should increase your award. Again, it is nothing personal to you, this happens regularly. Members that are disabled have gone from Enhanced Rates of PIP to zero points and I wish i was joking.
Sorry what happened with the Facebook group. Take no notice of what has been said.
A Change of Circumstances is classed a new claim, in your case your disabilities are worse which you can prove. So therefore they will have to look at the new evidence of how your disabilities are worse and the medical data. Change of Circumstances can be progressed quickly from some members experience.
You can still go down the MR route but your new diagnosis may be ignored as it came about after the review. If you are not happy with the MR decision, a Tribunal is next. The Tribunal is a lot better than an assessment, there are professional people in attendance, including a Doctor. Success rates are high at 70% and you have a strong case. Be aware though you could wait some time for a Tribunal but you would still get your current award.
I can assure you the majority do have the same fight and you may get different assessors and decision makers this next time, there some good ones from members experience!
The decision to what to do is down to you, take some advice and decide then. Stay calm.too.
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Thank you for all that. I only thought it may be a idea to get the full report to see if they actually read my renewal.... becuase it truly seems they haven't. I thought it might be handy to contest if they say you said this and we beleive y and be able to say well this evidence I sent proves otherwise because I have no idea what they have based giving the exact same award again on when we stated various detiriations and where I now need help and support which should meet the higher need points bracket (sorry I'm in flare and brain fog so can't remember the actual words I mean right now)
I will likely try next year after Christmas when things aren't so much abd overwhelming. Especially now I know I had more time than I thought thank you for that
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I think you're wise to leave it until after Christmas @Laura Bradshaw - & nearly mentioned that.
I can never forget the advice given on many occasions by a former member of the community who was also a Welfare Rights Officer. He used to advise against getting your assessor's report as it's a distraction from doing a MR based on your decision letter alone (& anyway Tribunals are of the opinion that assessor's reports are often of poor quality, & don't pay them much credence).
I believe you mean that you feel you should likely have had a higher award; if you've followed Benefits & Work's guides about PIP, they're very good. Please pop back in the New Year to let us all know how you're getting on.
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The DWP have clearly ignored all the changes to her current conditions this time around. She can't walk as far and now has a wheelchair. There is more help needed with bathing and taking a journey. This has all been ignored. It will not be ignored with a Change of Circumstances, that is why I suggested it. The changes to her condition and the new diagnosis will have to be assessed. That is why I suggested getting professional advice on this and the best way to go about it.
A MR may still ignore the changes to her current conditions and a MR rarely changes the original decision of the award. Then it is finally down to convincing a tribunal panel in this case.
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We seem to have both posted at the same time @Trevor_PIP - sorry I politely disagree with you. You cannot presume that a deterioration in Laura's condition(s) will categorically not be ignored with a 'Change of circumstances.' A new diagnosis is also not the reason to do a 'Change of circumstances;' her needs have not changed since she got her decision letter.
Tribunals are also much more receptive in listening to a claimant's struggles rather than the DWP potentially ignoring these again.
A MR as you say often results in no change to an award, but it's faster to proceed down this route rather than having to complete another claim form & likely having to face yet another assessment with the 'Change of circumstances' you suggest.
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We may have to beg to differ on this one. Her changes to her current conditions from her last review have clearly been ignored. How can they be ignored in a Change of Circumstances, where these changes are large enough to be classed as a Change in Circumstances. These changes and the new diagnosis will need to be assessed. Yes, there will be another assessment, but Changes in Circumstances are progressed fairly quickly according to members that have gone through the process recently - 12 to 16 weeks. Though this is no guarantee!
I agree with what you say about the MR route. I would go with this but it was the sheer ignorance of how her current conditions have got worse has annoyed me, that is why I considered another option.
Well, we both have given the best of our knowledge and it is good to have a discussion, but honestly I'm stuck between both methods in how to progress. I am not a Benefits Advisor, it is just my thoughts.
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I'm not an advisor of any shape or form either, but the Welfare Rights Officer I mention educated me about benefits, especially PIP, on many, many occasions, & coloured my viewpoint. I think someone who helped claimants with nearly 6 thousand first tier tribunals with a success rate of about 90% might just know what they're talking about. He always said that he also viewed detailed 'anecdotal evidence' over medical evidence in most instances.
I share your frustration however that Laura didn't receive the correct award this time.
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Thinking more about it, Laura could get a good case manager for her MR and her award could be increased and that would do it, it has happened recently with members. In addition, she has a strong claim with plenty of evidence for the more professional Tribunal. Laura's claim has changed that much with strong evidence, I can't see how she would fail to increase her award with a professional Tribunal. This would be the best route thinking about it, a Change of Circumstances would be a new claim and more stressful. I just can't get it out of my head, how all her conditions which are far worse have been ignored.
Been a good well thought out discussion with all options taken into account, I will say that, we have done Laura proud!
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I can see that you're a very kind & supportive member to other forum members. Unfortunately, altho we would wish it different, we can't always give guarantees about any option.
Certainly going the 'Change of circumstances' route could potentially be more stressful. I do believe that if her claim proceeds to a Tribunal (if needed) she will receive a fair hearing, as then she would just have to show that, 'on the balance of probabilities,' she does indeed have the problems she's already mentioned; that's what a Tribunal looks for in making a decision.
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Agree to all that is said. We can't give guarantees about any option and certainly not where PIP is involved. Thank you.
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