PIP tribunals

Angel40

How are people getting on with PIP tribunerals? Dwp took my fiances money away and he has had a second stroke! Im astonished. Another cut back

ScopeHelpline

Hi Angel40
Don't despair as lots of people win their challenges to the refusal by the DWP to pay PIP. Even  at the appeal hearing stage, over 60% of people come out with an improved award. 

You need first to make a challenge by putting in a Mandatory Reconsideration request. You can get info about doing this on the Advicenow website, where there is a draft letter. Certainly, if you then have to appeal, it is a good idea to get some help from a local benefits adviser, you can check you evidence and your case and write the Appeal for you. 

The main thing is to be clear about how your fiance should have qualified for PIP - it is the effect of his disability on his daily life that counts, not the diagnosis itself. He, or you both together, need to work out, if you haven't already, which of the descriptor points he should have scored. These are listed at http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system.  If your fiance is unable to perform the activities listed there 50% of the time, and  safely,  repeatedly, in a reasonable timescale and to an acceptable standard, then it should be accepted that he can't do them and he should score the points. 

Medical evidence of your fiance's problems with the activities of daily life - form a GP or specialist, for example, is useful both for a Mandatory Reconsideration and an Appeal, and if he has to appeal, then his own verbal evidence is other other factor that helps a lot.

Do phone the Scope  Helpline on 0800 8083333 if you'd like to discuss this further. 

Gill
Scope Helpline

Les

Hi @Gill. Do you have any advice for people with Autism, that are going to have their first PIP review. The reason I ask, is that my daughter who is 21, will probably have to have a review around June time. She already receives DLA. However, my concern is the fact that being an invisible disability, I fear that the Inspectors will leave her with nothing. I am planning to have a review of her Autism soon through a consultant, as I think that may help.

Angel40

Hi Gill. Thankyou for your reply. Ive taken all the steps you advised. The thing that made me so angry was we provided medical evidence of short term memory loss and lots of other things, resulting in my fiance at ist burning food as he forgot the timings, sent it all in and Atos wrote back saying he can cook, wash get shoes on etc. They had evidence and lied.  Now we are facing tribuneral 2 this year. Why cant people see mental health issues ? Its the 2nd year running we are at tribuneral. Where are we all going wrong? We were honest and said and provided papers and got told we were liars? 

Thankyou again for your help.

Angel40

Applogies, i meant to say dwp wrote back with it all twisted. its just not fair, why do dwp do this, not just to us but for many.

Markmywords

@Les, the disease doesn't have a bearing on PIP. It's all about what points score is deemed to be appropriate. Don't be concerned with the disease or it being invisible.

Actually, the assessment by the contractor doesn't even have a great bearing on it as the "decision maker" will interpret it their way not matter what.

Make a list of all the ways your daughter is negatively affected by her condition. This is what you need to communicate to the contractor.

If you are not happy with the outcome then call Scope's helpline at that time.

Markmywords

Angel40 said:

 Now we are facing tribuneral 2 this year. Why cant people see mental health issues ? Its the 2nd year running we are at tribuneral.

@Angel40 , you may not need to submit to the DWP's review schedule. If you go to tribunal again then along with the evidence mention that they are imposing an unjustified burden with them and that you feel they are abusing their position. The tribunal can impose a different schedule on them.

As my condition is unrecoverable the Tribunal agreed with me and told the DWP to never assess me again.

Angel40

Thankyou for your post. I rang for a change of circumstances and after partner assessed, money taken away. I have written to dwp and complained to the manager and director and will follow to the ombudsman 

Les

Thanks for the advice @Markmywords


Quote
Make a list of all the ways your daughter is negatively affected by her condition. This is what you need to communicate to the contractor.
Unquote

I am hoping that a re-assessment through the consultant will help there. We already have the forms to fill in about our daughters issues, which is pretty extensive. The consultant will then do a review based on all the evidence, so that we can hand that to them.

Angel40

Hi Markmywords,  what do you mean by your last paragraph please? 

Les

@Angel40 I read that, as meaning that his circumstances would never improve.


In such circumstances, they don't bother assessing you again, as there is little point. I am hoping that when they assess my daughter and if she does get PIP, that they will apply that ruling for her, as Autism is incurable.


Sorry if I am wrong about that @Markmywords

Markmywords

@Angel40, I told the court that the DWP's use of a 24 month review cycle on my conditions was "Unfair, unnecessary, burdensome and likely to be abused to provide them with more opportunities to reduce my award."

The court agreed and one of their findings was "Mr. xxxxxxx is entitled to the Daily Living Activities / Mobility Component at xxxx rate. It is inappropriate to fix a term."

The DWP can now never review or assess me again before pension age.

Each case on its own merits of course but it sounds as though there is an argument you can put to the court to have the DWP's review/assessment cycle scrutinised.

Good luck.

Angel40

Hi guys,  indeed all different cases, each case individual as you mention. My fiance not only has short term memory loss but also anxiety depression, limited movement in left side, tinitis, and a diabetic type 1 there for i have to wake him daily to eat n medication. His needs are quite complex which is why i cannot understand why pip was cut. We are waiting for a hearing soon and il let you know the outcome. My partner was awarded daily living for two years initially before second stroke. I will mention what you said too Markmywords, many thanks guys