Have you had a successful PIP appeal? We need your tips

Chris_Alumni

We are currently putting together a community tips document intended to help anyone who is planning on appealing there Personal Independent Payment (PIP) decision. If you've successfully appealed, let us know what tips you would give to those now about to go through the process of a mandatory reconsideration.

Please provide your PIP appeal tips by commenting below.

johnny100

I would like to know  if you appeal against a decision and it goes against you will you lose your award,or what

janice_in_wonderland

Following...
I am about to attend assessment next week and expecting to go through an appeal but I've heard alsorts...if people can stand and walk up to 20 metres, unable to move their fingers or control bowel/bladder then they may not need to appeal... 

It appears that areas with the highest percentage of mental illness were possibly left until last to change from DLA to PIP maybe because of the recent changes (March 16th) which were not even discussed with government so they now eliminate anyone who suffers from mental health! 

A professional welfare advisory service has described this as 'nasty'.

I'm basing information on people's experiences and a reliable source 

I'm very interested to learn about other people's experiences as I feel extremely sorry for those who are affected before during and after assessments 

johnny100

i would answer to your walking ability that you really struggle and you have to take regular rests,Dont say words like i could walk further with a push,stick to  20 mtrs,If you use walking sticks they will ask if they aid youe walking,the answer is no they dont they are used to give you support.I have whats called pinch grip which makes it difficult to hole things,if you have assistance tell them,if not tell them you really struggle to peal things like potatos ,carrots etc.I had problems my self after having prostate cancer and radio therapy  and being diabetic. .Radio therapy treatment has an impact for many years.I  currently have an ongoing dispute with the DWP.If you have problems with your bowel movements etc tell them that you are not  100% sure that you are clean,hope you understand where Im comimg from with this remark.  . 

bendigedig

I'm really impressed with the good work that SCOPE is doing through this online community alone

Somthing that may be of bennefit to people who are being assessed that have an ASD diagnosis.....  I know that "Autism Initiatives" will sit in on an assessment to ensure that the Assessment is done fairly.  I think having a representetive from a "letter head" organisation has remarkable truth engendering effects on PIP assessors.  

Just thought I would mention that.

wildlife

Hello, My experience has been similar to others but I may have handled it differently as I have had many years through bringing up 2 adopted sons with disabilities and looking after an elderly relative with Dementia of dealing with benefits. Now it's my turn. There shouldn't be so many disabled people needing to ask for a mandatory reconsideration or going to a Tribunal the DWP should do the job right in the 1st place. My advice would be get DWP to send you the assessor's report P4A as soon as possible after your assessment.If your assessor has lied on her report or you're not happy with anything that's been written about you complain to ATOS/Capita or whoever did your assessment. They will probably reject it but it all helps to increase the statistics for the number of complaints. You can ring, email or write to them. Do this along side your continuing claim for PIP and tell DWP you've done this. They need to know that you disagree with the report. Send as much medical evidence as you can. It doesn't have to be just from your GP or hospital specialist although that's the strongest evidence. Think about your disability and how you can prove you have it. For the elderly an Occupational Therapy home needs assessment report is accepted, a Physiotherapist for strength tests. You may have to go Private for this but it will be worth it in the end. Also evidence from friends and family. They can write letters on your behalf. If you start to have problems with being turned down let your MP know and again make sure the Decision Makers at DWP know you have done this. Add it to your letters. If it becomes obvious that the Decision Makers are ignoring Medical Evidence and only using the assessor's report tell them. If after your 1st decision you get turned down or are offered less than you're entitled to book a call back with a decision maker and prepare questions you want answered. Again after a mandatory reconsideration you can do this. I have got a 2nd MR by doing this which if successful will avoid me having to Appeal. Any phone calls you make ask who you're speaking to and record the time and date and what was said. If they know you're not going to accept being treated like a liar change will happen sooner rather than later.     

WaterLily

I asked for a Mandatory Reconsideration for PIP. 

I went through each point that the DWP made. Those that I agreed with, I said so. 
I didn't rant and rave, didn't call anyone a liar, didn't remind them that I had been on high rate mobility indefinitely and now it had been removed and my motability car will have to go etc etc..

 I just pointed out to them where I thought they were wrong with their decision, how my mobility affected me and how I knew that even though I could put one foot in front of another, I couldn't do it reliably, safely and in a reasonable time period. 

My tip is, keep calm and state your reasons clearly. 

I was successful. 

  

bendigedig

@WaterLily

I have had no problems getting the bennefits Im entitled to either.

I wasnt calm though.  I am outraged by these NAZIS.

You dont have to be calm to state your case clearly.

You dont have to moderate your disgust at things that are wrong either!

Are you suggesting that if you are not calm about what is being done to you then it is likely that you will be unsuccessful in being granted the benefits that you are entitled to?

Hmm.....  Is this going to become the way of things?  That we are conditioned to be good pets and only then we will be allowed a treat?

PEOPLE ARE DYING BECAUSE OF BENNEFIT CUTS!

Anyone who can remain calm whilst considering that really ought to go and get an assessment to ascertain what kind of sociopathic or psycopathic disorder is affecting them?  Some people are so NUMB that they seem to be disconnected from the reality of what is happening!

I would say that if people are upsetting you by infringing your civil liberties and denying you your human rights then it is perfectly okay not to be calm.

The establishment needs a kick in the rear.  We all need to collectively act and do somthing about it and being calm just isnt going to cut it Im afraid

wildlife

Bendigedig, I agree entirely. So long as you remain assertive and not abusive attacking the system rather than the people as individuals. Although I cannot help doing that where my assessor is concerned but then again it's important to know when someone has personally caused you a great deal of suffering which needs to be put right, by their unlawful behaviour, and when someone has simply not done their job properly in carrying out the legislation as to how it should be done. I certainly did not remain calm during a phone call from a decision maker yesterday. I was calm to begin with but when she kept quoting things that I knew were wrong I started replying with evidence references disputing everything she came out with to the point where she didn't have an answer and began to sympathise and agree with me. I got what I wanted and would advise anyone to book a call back if you're not happy and don't be afraid to tell them exactly how you feel. She even spoke to my husband who confirmed that what I was telling her was the truth. Don't let them get away with treating us like lesser mortals. You wouldn't treat an animal like the way the way assessor's watch you right from the waiting room as you hobble into the assessment room knowing what a battle you have ahead to convince them you're disabled. Then writing all the personal comments about the way you are dressed, how you feel, and how you behave. I will carry on campaigning to get that part of the assessment form removed. The present system is corrupt and needs changing the sooner the better...!!!            

johnny100

I agree with most comments about assessors.They seem to do what they like and get away with it.People should stand up against these people and fight your corner.They expect that the decision thats made is the end of the matter for PIP They try to cut a point off here a point off there to give you lesser point,trying to get it under 12 to pay the min amount.I noticed that on my PIP I mentioned that I require help om most things and they only gave me an average of 2 point ,if you get help its a least 4points so that means that all of the questions on the PIP form require some kind of help in one way or another.I have a current appeal at the first stage where I have written letters outling my finding,of course all the help has been obtained by reading other peoples E mails left on this site.My cut off date for letters etc is the 4th april 17.. 

bendigedig

@johnny100 @wildlife

Have you seen what Capita are paying these "so called assessors?"

Well its in excess of 30 odd thousand!  They are trying to recruit anybody that has a lower level medical background.  Nurses, Paramedics etc.

How is it sombody who is essentially a box ticker is getting the equivalent of a bloody teaching salary? How the hell do they work that out?

It must be "quite important" for them to recruit and retain the staff.  I cant imagine any nurse worth thier salt wanting to become a PIP assessor?

What is motivating these people to lie and falsify information though?

It looks a bit like blood money to me.

johnny100

They go on these courses and are trained to take away what is rightfully yours.I  cannot understand myself why you complete a form  go to an assessor then this goes to another assessor who then skims over the application/PIP form without reading through it properly and get a reply/decision in just 2 weeks,I will tell you how and how its done.They are set objectives/targets,for example 20 PIP forms a day.This is all based on American Sytems.All the final assessors do is fill in the missing words from a template,Its all really like a lot of people say,A POSTCODE LOTTERY

janice_in_wonderland

Some people think it's like a culling - virtual manslaughter! 

bendigedig

@janice_in_wonderland

To quote HRH The Duke of Edinburgh,  we are "useless eaters".  Perhaps he quoted Marie Antionette straight after?  Maybe he then said let them eat cake.....

Well we all know what happened to Marie Antoinette!

The way we are viewed by the so called "ruling classes" beggars belief.

Eventually there will be an awakening.... Hopefuly things will not have gone so far that they will be irretrievable. 

johnny100

These so called rule makers on government departments and associates I bet would not have a PIP assessment like the true disabled.it woukd probably be fast tracked with no  questions asked,The norm applies one rule for one and another rule for others.This government state that all people are treated the same,this I dispute.  

Markmywords

Hi @Chris_Scope ,

I'll stay on topic for you

• There is help out there from Scope, the CAB and others.
• Do not do anything while you are angry. It will cloud your mind and make you write weak arguments.
• Keep meticulous records and copies both outgoing and incoming
• Try to find a way to record you phone calls. It is sometimes possible to do it with an App on a mobile phone.
• Do not expect to be treated with respect or to be listened to. However if you stay calm and methodical both the assessment contractor and the DWP will trip-up and make fools of themselves.
• Apply first for the Mandatory Reconsideration (MR) and by letter is best. Send it to the address from which your result came. List clearly and concisely all the errors in their "interpretation" of the last assessment.
• Be ready for the phone call from the DWP. Carry your notes at all times if you need to. Try your very best to record it.
  
• Do not expect the call from the DWP to be a discussion or fact-finding activity. They are just going to tell you what decision they already reached.
• Again, stay calm. The call from the DWP will be frustrating and irrational but the person on the end does not hate you. Their employment morality might be suspect but that's all.
• The MR will eventually come through the post. It will most likely repeat the same "interpretation" as they gave the first time.
• You will now probably want to take it further as the MR is unlikely to be fair, rational or in your favour.
  
• Go on to the government's PIP web site and download the form to appeal to the Courts & Tribunal Service. It is currently form SSCS1. Also you must get and read the "How to Appeal" booklet.
  
• Fill in the form but do not even try to fit everything in the "Grounds For Appeal" box. Use separate paper and type it on a computer if you can.
  
• List your arguments of how the DWP's points differ from your actual situation.
• List any statements the DWP made that can be disproved.
  
• List any mismatch between what you sent them right back to the PIP application and what they claim.
  
• Do not be concerned with the contractor's assessment you went to. They were at best an ex nurse, not an expert.
  
• List any flaws in their position compared to their own rules. This is very important. If they say, for instance, "You get no help therefore you need no help" then not only is that irrational but their own guidance says "Whether you get the assistance or not."
  
• List any failures to obtain independent proof. Did they contact your GP or Consultant?
• Do not stop here. Consider also the review period the DWP gave you. Were you given 1,2,5 years before being re-assessed? Was this fair and reasonable? Do you have conditions that cannot ever improve?
• Ask for the review period to be considered by the court too.
  
• Be clear that the DWP can still assess you at any time but if you were successful in the Tribunal then they cannot review your PIP award within the time period the court set. That would be contempt of court.
• Send your SSCS1, your separate paper, your PIP claim form and it's supporting separate paper if you used any to the Courts and Tribunal Service.
• It is quite possible to win a case by written submission only. The DWP will not send anyone as this would wipe out the savings they are trying to make.
• If the court insists that you attend then inform them if this would cause a burden to you. Help with travel costs may be available.
  

Chris_Alumni

Thank you very much for that veritable bounty of tips @Markmywords, and to everyone else for their contributions

johnny100

I have received mail back from the DWP on my PIP claim and it states that I covered 40 mtrs from the entrance to the booking in desk.I disputed this as I stopped at the door for around 30 seconds  plus  as no one was on the desk,I did not think that cameras were allowed to be used in this manner and the cameras were there for security reasons,is this civil liberties or what. 

maur64

They watch you from the time you get out the car and walk towards the building and enter the building !!!!!!

janice_in_wonderland

Cameras are everywhere including in lifts my previous support worker said so
big brother 
never be surprised at what is happening just dread the worst so if you qualify you must be severely disabled I'm sorry to say 
if not then appeal appeal appeal 
good luck is the wrong phrase to use bc DWP letters have always stated 'the law says you are entitled to' £ but not any more 

Matilda

I've not had my tribunal hearing yet.  But Disability Rights say that the tribunal are not allowed to formally measure the distance you can walk but they do informally watch you walking into the hearing room and how you sit down and get up.  And DR also say that the hearing is inquisitorial and the tribunal ask challenging questions such as: 'You can walk 50 metres, can't you?'  You should not allow these challenging questions to rattle you.  Just reply: ' No, I can only walk 20 metres before I need to stop and rest'.