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Hi my name is mohamed, can anyone help me as ive waited 4 months for pip to reply it's puzzling me

mohamedmohamed Member Posts: 12 Connected
edited February 2017 in PIP, DLA and AA
Hi there, my brother who is 22 and disabled has a long term illness since birth causing him to have 2 liver transplants and almost a third but the doctors have managed to save it thankfully. He was moved from dla to pip but the decision was denied and wasn't awarded anything. A few things on the decision letter were complete utter lies and a lot of it was unfair. He uses the sat navigation just to go into town which is 10 mins away and he has to have someone with him or her gets panics and very anxious. He thinks everyone is staring at him and lashes out. He lashes out on his family without realising till later. He is well under weight and has sleeping problems where he is awake sometimes for 3 days straight and hardly eats. He has aspergus syndrome and is on internal feeds and shakes but just brings them back up. His mom cooks cleans and manages his routines and sometimes they are problematic. There is a lot more information I can give on request for help. We have sent a reconsideration and it has been almost 4 months since an answer we have called 4 times and all they say is they will pass it on and the letter was sent to the wrong place and a couple times that there is nothing on the computer. I really don't know what to do as he's got no funds left as he uses his benefits strictly on taxis for appointments as he can't travel on public transport and try to eat if he's feeling a little hungry. He doesn't go out and his friends get upset at him and leave him. He also suffers from depression and anxiety and insomnia. 

Thanks in advance and sorry for the long question but in a nutshell what shall I do hear I'm completely at a loss and don't know what to do.

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi mohamed,

    I'm really sorry to hear about your brother's PIP, this sounds like a very bad decision. As regards the request for reconsideration, four months is too long - there isn't any particular time frame unfortunately, but it's clear from what you say that the DWP have made some errors. I would start the complaints procedure and insist on getting a response to your reconsideration request. If you can get your MP to help, that often speeds things up, and your MP should be interested in the problems your family are having with PIP, as this is not acceptable.

    From what you've said in your query above I'd have thought your brother should get points because of his problems with engaging with people, his problems with taking nutrition (for the daily living component), and points for not being able to follow journeys without help too (for the mobility component). You could have a go with this PIP self-test to see what points you think he should have got in each component.

    If he had an assessment, it's worth getting a copy of the assessor's report so you can point out where it was wrong or misleading. 

    When you start the complaint, I'd suggest you insist on getting a mandatory reconsideration notice (MR notice) within the next two weeks, and say if you don't you will go to the next complaints stage. If you don't get the MR notice within that time, then one route you could consider is your brother applying for PIP again (you can still continue to challenge the original decision, and I recommend that you do so that he doesn't lose out on money, and you can still pursue the complaint).

    You mention that he has no funds left - does he claim any other benefits as well? For example, it sounds as if he should be entitled to ESA (Employment and Support Allowance) and if he hasn't yet claimed that, he could do so (if it's a new claim, he can ask for 3 months' backdating).

    I'll leave it there for now but do post back if you need more advice once you get the mandatory reconsideration notice.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • mohamedmohamed Member Posts: 12 Connected
    Thank you so much for your reply and appreciate it. I have received the mandatory reconsideration answer today and fortunately they are still reluctant to give him anything. They ask me to go to a tribunal court it's all new to me and have to read about it. Is there any help I can get to strethgen his case as he is really upset and thinks it's an unfair decision which I too agree.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello Mohamed

    I am so sorry to hear that after a long wait your brother is left with a decision that upsets him and seems so unfair.

    To challenge this decision you will need to lodge an appeal.  If you enter             ‘SSCS1 appeal form’ on any search engine it should bring up the appeal form for you to print off. The appeal must be sent to the Tribunal Service within 1 month of the date of the decision letter. Once the appeal is received you will receive an acknowledgement letter and then 2-3 months later a bundle of appeal papers.  Your brother will then be given a tribunal date to attend the appeal hearing.  A paper appeal can be requested, but the chances of success are greater when attending a hearing.

    Given your description of your brothers difficulties it is hard to understand how PIP have reached the decision they have.  Did your brother attend a medical assessment? If he did a copy of the medical report from this assessment will be in the appeal papers.  This report may reveal why your brother was refused PIP. 

    You have specifically asked if there is any way you can strengthen your brother’s case.  Sometimes going to the tribunal and telling a tribunal about your difficulties can be enough.  Medical evidence can also help. 

    Does your brother have any health professionals who can confirm in writing the high level of help he needs for example confirm his high level of anxiety, the need for encouragement to eat, etc.  The important thing about medical evidence is to ensure it is supportive and relevant.  That is, it addresses the type of difficulties that PIP award points for e.g. cooking, dressing, washing etc.

    The Scope website also has a link to AdviceNow- How to Win A PIP Appeal.

    Please post again if you have any further queries.

    Maria

     

     

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • mohamedmohamed Member Posts: 12 Connected
    You have been most helpful and really appreciate everyone's replies. I sincerely thankyou. With the mandatory consideration we have sent prescriptions and a report from the doctor officially stamped and signed but seemed to be insufficient. It seems to be they think his just spoilt or a behavioural issue. He needs to take time to gather a lot of evidence on what's wrong and how it effects him and why specifically very detailed. A lot of his mental issues weren't be brought up to the doctor as he's shy and doesn't want to pursue it but we are trying to book him a phycologist and dietician and various specialist to get a formal report.although he has been diagnosed with aspergus syndrome. And that's fine I thought you had to gather evidence and be ready within the month would of been really right on timing. Thankyou once again
  • awindupsgrannyawindupsgranny Member Posts: 2 Listener
    Hi Mohammed. Firstly I'm dictating so  there will be very little grammar and as usual it will be loooooong ! lol. Plus there may be many spelling mistakes and errors. But I hope you get the Jist. Anyway I would Echo what has been said above about making a new application for PIP if anyone is in the same situation during the time they are asking for the mandatory reconsideration because at this point they will continue to pay you however you have now gone past that so in your case it is irrelevant. One thing that is not a relevant is paperwork paperwork paperwork. You must have supporting documentation from experts. Do not be afraid to ask the doctor the psychiatrist the pain management people  and the liver transplant charities ....So if he's had a liver transplant and there are complications light balance  or  the risk of pain, something other than finding his way via sat nav in the car , maybe because of difficulty with communication via mental health. Can you also please make sure you read the government documentation to find out what they are looking for... for example falling over, being a danger to others or yourself, getting lost and confused, finding yourself needing help on a familiar or unfamiliar journey.( Familiar and unfamiliar earn different points). It could Simply Be that your brother cannot walk even the short distance without severe pain or discomfort, or without danger of falling. Also he has to be able to do any of the above consistently (which means you can do it everytime ) reliably (which means you can do it without the pain danger or distress ) and repeatedly (which means that if you do it once you can do it time and time again) and you're not so affected with pain confusion distress etc to a point you cannot repeat the process soon after the first journey. This may sound confusing but a quick example is if I walk to the end of my street which is about 20 metres I would find it difficult to do that safely and I would definitely have pain therefore the distance I can walk is zero. If I could walk there or drive there but because I did so in the morning it would be impossible for me to do it in the afternoon (because it would tire me out and I would be in too much pain from the first time ) then I cannot do it repeatedly. If I can dress myself once but could not do it the next day without danger of falling over then I cannot do this reliably and repeatedly.
    I think you get the Drift basically you have to use their words against them as long as the condition you're describing is true and you can get some medical evidence from a professional to say that this would be the case.
    I have severe mental health through depression and anxiety and although I can drive also use the Satnav and I have to drive  in short jumps because of the pain or I get things wrong and although my driving is perfect the direction I'm going isn't. I will go on the wrong day even though I know where I'm going and what day it's supposed to be. I will be in an awful lot of pain even though I do nothing in between trips my payback will last longer than just an hour or so... in fact I cannot usually go out two days in a row and left I'm really fast too because of appointments. Therefore I cannot do things consistently reliably and repeatedly this is the same with cooking along with the fact that my depression has meant my motivation to cook and eat is 0 ( mostly my depression  ) and therefore I am unable to look after myself and would score the highest number of points but I still expect to be refused when I'm a assessed this year. It seems to be standard practice to refuse sadly that means for some losing their Motability car. The mandatory reconsideration is usually done wrong by most people and no extra evidence is sent however for the tribunal if you prepare yourself the chances of having the decision overturned is well over 50% in fact it's nearer to 70. I wish you the best of luck and my apologies once again for this being very long unfortunately that is part of my condition but I cannot stand idly by and watch someone's struggle. I won't be able to do my own I will have to get help and I would also advise you find out if any of the charities dealing with one of the illnesses your brother has can find someone to help you if not the Citizens Advice is a great place. There are advocates an advocate services around who can speak on your behalf but if you are eloquent and understand the system there's no reason why you can't help your brother yourself. Good luck and keep us posted. Kindest regards. Paul Pengelly
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi mohamed,

    Like my colleague I'm surprised at the result of the mandatory reconsideration and hope that you feel able to continue with the appeal. As my colleague Maria advises, any medical evidence can be useful but what you really need is evidence that backs up the problems he has which are covered by PIP, such as dressing, washing, needing support to take nutrition, and not being able to plan and follow journeys.

    Also as Paul suggests above, if you are able to get a local advice agency such as Citizens Advice to help you with the appeal, that will take some of the stress off you, and they will be experienced with the structure of PIP, how tribunals work and the type of evidence needed.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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