PIP, DLA and AA
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Pip

maur64maur64 Member Posts: 15 Listener
edited March 2017 in PIP, DLA and AA
Hi everyone I'm hoping someone can give me a bit of advise on my pip case 

Replies

  • Chris_AlumniChris_Alumni Scope alumni Posts: 695 Pioneering
    Hi @maur64, I've moved your post to our benefits advisors section as they may be able to help you. They will need a little more information though - could you tell us a little bit more about what you need help with?
  • maur64maur64 Member Posts: 15 Listener
    Hi when I had my assessment with pip I wasn't awarded it so I appealed against it, it went to the first tier tribunal and I was awarded it by the court, then they decided to take it to the upper tribunal, my case was read on the 7th march and I received a letter today saying it will be at Bristol court on the 9th of June 
    thanks Maureen 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    It is vindictive of the DWP to appeal awards made by1st tier tribunals.  Good luck with your upper tribunal hearing.
  • maur64maur64 Member Posts: 15 Listener
    Thank you it's for depression and Anxiety I don't understand why it's taking so long to sort out 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    The DWP want to make it more difficult for people with mental disabilities to claim PIP than for those with physical disabilities.  They think, wrongly, that people with mental health problems don't count as disabled!
  • maur64maur64 Member Posts: 15 Listener
    Well what will be will be I guess I'm already thinking I'm not gonna get it because it's taken so long to make a decision 
  • wildlifewildlife Member Posts: 1,314 Pioneering
    Surely the DWP can't change a Tribunal decision? I thought that was final. I'm trying to decide whether to appeal but is it worth it? 
  • maur64maur64 Member Posts: 15 Listener
    I didn't think they could either but obviously they can I was only on low anyway yes go for it and appeal I know it's a long drawn out thing but who knows it might be worth it 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited March 2017
    DWP can appeal to an upper tribunal against a 1st tier tribunal decision.  I understand that it is not usual - but on the increase.  

    Personally, I'm going to take my appeal as far as I have to. I am not going to cave in and make things easy for the DWP.  They hope people will give up under all the stress.  No way.
  • maur64maur64 Member Posts: 15 Listener
    Well they had a letter from my doctor my mum plus I had someone from the citizens advice working with me and it still went this far I don't know what else I can do to help towards my case 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    A benefits advisor will advise you what to do next.
  • maur64maur64 Member Posts: 15 Listener
    I don't know a benefits advisor that can help me tho 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    There will be benefits advisors on this very thread which is in the 'Ask a benefits advisor' category.
  • maur64maur64 Member Posts: 15 Listener
    Ok thank you I'm new to this so I will have a look 
  • wildlifewildlife Member Posts: 1,314 Pioneering
    OK thank-you both I won't give up. I emailed my MP today and told him the whole story, the worst parts anyway so hopefully he'll intervene. A few years ago he got his secretary to ring DWP when they were ignoring my request to be my son's appointee. I've also asked the surgery for the latest evidence of having to call an ambulance in Feb. I'd had 5 Opthalmic migraines in a week, that's when you lose your vision with flashing lights, I thought it was a stroke and even the paramedic didn't know what was wrong. I normally only have about 1 or 2 a month. It was the week after seeing the assessor's report so that will go as evidence in my ATOS complain. It can happen anytime so is one of the reasons I can't travel without someone with me, that and a long standing mental health problem. I've also got a DM ringing me Wed. or Thurs. and have got lots of questions I want answers to. One of them is if they accept you have problems walking because of leg problems why don't they use the same conditions for deciding whether you need help with other things especially showering. The same health conditions affect both but much more so in a slippery bath or shower when you're trying to balance and wash at the same time. So will see how that goes.         
  • maur64maur64 Member Posts: 15 Listener
    What they mean by more evidence is a letter from your doctor, family, hope this helps 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    kass - a benefits advisor will be able to advise you what to do next.
  • kasskass Member Posts: 65 Connected
    I have asked a benifits advisor but not got no reply as yet...
  • wildlifewildlife Member Posts: 1,314 Pioneering
    Hi kass,
                 May I suggest you ring or call in your GP's surgery with a letter signed by you to ask for copies of any evidence that is on your medical records mentioning your illnesses or disabilities. You may have to pay admin. costs for these but it's the strongest evidence you can get. Ask if they have letters from any hospital specialists or any other health related appointments your GP has referred you to. If you don't or can't do this think who you can book an appointment with to have tests or treatment. You can then ask if they will put something in writing on headed paper to support your claim. Also family and friends can write letters on your behalf. I don't know what your disabilities are but people like physiotherapists, occupational therapists (though there's usually a long waiting list) chiropractors, stress councillors private or NHS anyone who knows you and how your life is affected by your disabilities. Hope that helps..good luck x
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    kass - benefits advisors will be on here some time this week.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    kass and wildlife, I've answered your queries in other posts you made, hope that's ok!
    maur64, if you have had someone from Citizens Advice working with you then you need to work with them again on the Upper Tribunal appeal. They need to start off by looking at why the DWP were given leave to appeal, which should only really be because of an error of law (actually getting the law wrong, weighing facts in an inconsistent way, taking things into account more than is reasonable, or not taking things into account!). 

    Your CAB adviser can get help from other sources, for example, their Expert Advice team. My main piece of advice would be not to do this on your own - get the CAB to support you. First tier tribunal is difficult enough but I would never suggest going to Upper Tribunal without a benefits specialist. 

    Your adviser/rep will need to quote other case law to support your side of the argument. Without knowing how the DWP got leave to appeal I can't really help further but don't give up. Unfortunately it does seem that the DWP are appealing against more first tier tribunal decisions but that doesn't mean they are right! The Upper Tribunal will consider all the evidence and decide whether the First Tier was right. It does cause a very long delay for you though and so I would suggest telling your MP about this - highlight that more and more people are successful at PIP appeals and now the DWP are starting to appeal further, which just causes vulnerable people more distress and hardship.

    Unfortunately we can't do case work within the forum, you really do need someone who can see all your documents. I'd start with the CAB and take it from there.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • maur64maur64 Member Posts: 15 Listener
  • maur64maur64 Member Posts: 15 Listener
    This is what I received from my mp yesterday 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi maur64

    As my colleague Will says it is rather difficult for us to advise on this without working on the case directly. And I agree that it may be worth returning to your local Citizens Advice for further help. Even if your local adviser does not have experience of representing in the Upper Tribunal s/he should be able to get help from elsewhere within Citizens Advice.

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