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

johnny100 · March 2017

so what is the best way to sit down when attending a tribunal ?

Matilda · March 2017

Slowly, awkwardly and painfully with difficulty bending your knees might help get you points!

bendigedig · March 2017

I dont think that it is healthy to make people beg for their entitlements.

If Im forced into that position I shant be pleasent to the servants of those who have inflicted these circumstances upon us.

in much the same way I wouldnt want to become a con man or a heroin dealer, I also would not choose to work in the Jobcentre or be a PIP assessor!

these people have made a choice to do these jobs. If they dont like what thier bosses expect them to do to people then they should complain like we are.

it seems to me that some of these people enjoy what yhey are doing in a twisted psychopathic way. Ive seen the same sort of "shark eye looks in the eyes of riot police at demonstrations.

the unfortunate fact is, that nasty people who enjoy inflicting pain and misery on people are able to find roles in society, some of them are running the show. Hell will freeze over before I accept the bullying nature of our present establishment.

I have suffered from PTSD after being assaulted by a pseudo public official from the private sector. Please dont tell me that i have to be all "lovey dovey" with my oppressors.

I am a grown man, I know what is right from wrong...... Im not the person who needs to be told how to conduct himself.

I do not have to accept what is happening to us..... This is the mistake the German people made in the 1930s.

By the way, CAPITA also have the contract for the TV license. They are the people that send the GOONS around to your house! So just remember you are being stitched up by CAPITA in more ways than one. Do a bit of research and see where else their snotty noses and dirty fingers are worming their way into our lives.

Then have a think about that when your smiling through your teeth saying yes sir, no sir three bags full sir. Just as one of their directors gets another honour from the queen.

It wont be long before a privatised policeman is asking you for "your papers"!

Dont imagine that any part of the "system" is geared to protecting your rights from these people! They are the system!

Its all about control. Controling you. So you dont know whether you are batting or bowling. The answer lies in not complying with their expectations. Just as we did with the poll tax.

wildlife · March 2017

Bendigadig, You are so right. We shouldn't put up with having to claim, do a MR and then go to appeal. It's not advice on how to go to appeal that we need it's how to stop this fiasco ever having to go to appeal!!! You're accepting months even a year or more in some cases of stress during which time your medical condition will get worse and who is to blame. Not to mention how much money that would be saved by straight forward claims that got it right in the first place. Markmywords your advice is a classic example of acceptance that you know you will be treated like the lowest of the low but if we keep our cool and do all that you advise we MIGHT be lucky and win in the end. The other thing to mention is that most people especially those with learning difficulties or mental illness are not able to do what you suggest. While ever I have breath in my body I will think about and fight for them as well as myself.....

janice_in_wonderland · March 2017

I know someone who got angry during their assessment and said they were in pain, they didn't need to appeal and entitled to PIP until 2020....goes dog walking several times per day, decorated their home etc etc

I thought everywhere was 'zero tolerance' for ASB but it's provoking vulnerable people who could do without the long winded torture

I ask the universe to help everyone who needs the money to be granted it

Justice · March 2017

I agree Chris, although I do see where you are coming from Bendigedig. I seem to spend my whole life being angry these days, and I used to be quite nice, lol. However it IS better to try to keep your cool when talking to these awful People, put them down in a quiet way, be assertive, and don't let them talk over you.

I can recall once years ago after Hubby failed his first assessment. I had a total idiot on the phone who was clearly reading from a script!! all in one tone, and no matter what I asked him he kept on reading!!. I just said loudly "STOP RIGHT NOW" That shocked him into silence momentarily, and I told him to go and fine someone who knew what they were talking about. Eventually I got a manager who was actually very pleasant, did listen to me, and did clearly know what he was doing. We won before an appeal BTW.

Now we will have to see how this latest one went. I expect it to fail, and go through the rigmarole again, seems to be the normal process as far as I can see. what a waste of money, and what a lot needless stress, and anxiety caused to People who are not well in the first place.

Chris_Alumni · March 2017

We have just published our new PIP appeals community tips page. Many thanks to all who contributed!

You can view our new PIP appeal tips page by clicking here.

wildlife · March 2017

johnny100 · March 2017

If you feel that an injustice has been done stick to your gun.You seem to have a little time on your side and that the time to download a aform and start the process.Go to the experts like age concern or citezens advice etc for them to assist you,you need to get help.While this is going on write ayy your thoughts down,dont worry if they are a bit mixed up the experts will know what you are trying to acheive.Go through the letter word for word and what the decision makers has said against each word.Go not try and do it all in one go,time is what you need.

johd1snan · March 2017

gralo · August 2017

I had my assessment last September and was awarded standard daily living and 4 points ( can stand and move more than 50 but less than 200m) mobility. I was furious as I'm unable to walk more than 15m in one go and even then I use crutches and the 4 points they awarded are worthless. The most annoying thing was that I had a home assessment and my wife opened the door to the assessor while I was laying on the sofa. I did not move from the sofa for the whole duration of the assessment!! The assessor showed me some 'standing-up' activities and commented, "I can see these would be difficult for you to complete so I won't ask you to do so". I was gobsmacked to learn that she then deduced I could walk up to 200m. On the daily living side, my wife does almost everything for me but she was only mentioned once in the assessors report and that was to acknowledge she was present at the assessment.
The justification for marking me down on the majority of daily living descriptors was that I can drive an automatic car and use a mobile phone! I have no idea what relevance those activities have relating to getting in snd out of a shower, preparing and cooking a simple meal blah blah blah.
Needless to say, I submitted a Mandatory Reconsideration and sent in a nine page document correcting the errors made by the assessor on the assessment form. A couple of months later I received a revised decision which left the daily living at 8 points but gave me 10 points (standard mobilty) for moving around. So now I had standard on both daily living and mobility.
I believe that I should have been awarded enhanced on both so started the appeal process. My tribunal was held last week and I was awarded enhanced on both components. I havent heard from the DWP since my tribunal so am not sure if they intend to appeal against the tribunal decision on a point of law. Time will tell.

Now to the topic and my tips for a successful appeal:

1. Be yourself - don't make a special effort to dress up. Attend the tribunal in normal day to day attire.

2. I am prescribed Fentanyl and Oxycontin for pain, however, they do make me drowsy but it is important not to skip any meds for that day. If you are drowsy at the hearing then don't worry as this gives the panel a chance to see how you normally are.

3. Keep your answers to their questions short and sweet. If you elaborate you have more chances to say something you shouldn't.

4. Don't be led by misleading statement from the panel. Somebody touched on this earlier - if they say, " you can do this, can't you", make sure you correct them.

5. I would highly recommend attending and not opting for a 'paper' tribunal where you send in your submissions and a decision is made in your absence. This is your one chance to make your case and statistics show that attended appeals are more successful than paper ones

6. Last but not least, try and have somebody with you. Your partner is the ideal choice as they can explain how your disabilities affect you. If not your partner, then somebody else who can provide moral support.

As has been mentioned several times above, don't let them get away with this injustice of denying you your entitlement. If you have been wronged then take it all the way as there is a good chance you will win.

Good luck!

Matilda · August 2017

@gralo

It was three weeks after my successful appeal before I heard from DWP with award letter. Arrears paid next day and new payment rates began about ten days later.

gralo · August 2017

Matilda said:

@gralo

It was three weeks after my successful appeal before I heard from DWP with award letter. Arrears paid next day and new payment rates began about ten days later.

Thanks for the info Matilda. I know the DWP have 28 days to request a Statement of Reasons (SoR) if they intend to appeal the tribunal decision and I've read that they apply for the SoR as a delaying tactic because of being short staffed. I'm curious to see how long it takes them to make contact and can compare it with your times. Thanks again.

CockneyRebel · August 2017

Typically the DWP take between 5-8 weeks to put a claim into payment following a tribunal decision. It is advised that you ring the DWP to make sure they have received their copy of the decision notice as they do have a habit of mislaying them. Of Late The DWP do seem to be requesting a SOR in many more cases but seldom find an error of law with which to challenge on.

sheree909 · November 2017

Hi all
I have received pip from my birthday in March 2015 to 2018
I received the higher rate care amount.

I had previously been existing on £50 a week esa as took money off for things I had to be paid.

I know this sound so like a cop out saying I have mental health issues as I know people who claim for it but yet can sit in the pub all day and walk to bingo frequently. they went to assessment with a walking stick and put on an act I suppose.

I had my assessment the end of July and the day before my daughters birthday the 11th of September they told me had been stopped.

my daughter is 25 and when she saw the copy of the assessors note she she was furious but professionally sent a five page letter showing category and what should be the right reply.
I also got a free Doctors’s letter.

reconsideration told no change but never even mentioned my daughters comments at all.

I had to go alone as I have just my daughter for family and she had been having days off to help me.
now I have diagnosed agoraphobia anxiety ocd and extreme depression and have arthritis plus lower back pain and agony in my knees.

so I don’t bore you all I will just say
I went onto meeting room to sit down and was told to sit on the other chair so she could see me.

as many above have wrote.....
she wouldn’t deviate any questions for me to elaborate why and how I need the help.

said I could hold a cup as I had a glass of water.

Overweight
Also as I had my spleen removed as was in wrong place and growing.
I now take penicillin forever.

It was also stated I had great eye contact and didn’t need to repeat the questions ????
my ocd is touching and counting things and if she had been paying attention she would have seen I wasn’t mainly staring at an eye chart that was near the door to her and mines right side.
I added the letters the comums etc and she didn’t have to get my attention as I do get sidetracked by my ocd sometimes and especially when anxious.
I also sweat but is my head that sweats and my hair is always wet again quickly but said no sweating or anxiety witnessed.
the day of this meeting was a day when it was literally pouring it down with rain and I was soaking anyway from that.
She was so rude and said why are you taking penicillin ???
while turning up her nose and saying have you got an infection ???

I was close to tears and just wanted to leave but she moved on to next question.

SHe advised that I was Fit enough to look after myself and I needed no help so I had my money and support taken away.

i have overdosed several times and the doctors letter mentioned this was prior to first pip assesment
.
i am scared and just hide in bed all day as I don’t know what to do about it now. My daughter had arranged all the bills I owed to agreed amount she I could manage each month but now I can’t pay it.

I would love some advice as to what to send to tribunal as I am getting back to square one again
Thank you in advance for any help.

CockneyRebel · November 2017

Have you made a request to the tribunal ?
This is done on an SSCS1 form. You should make the request within a month of the date on your MR letter. You do not have to send details with this just your basis reasons for your appeal. Once your appeal is accepted you will receive a bundle of papers containing all the evidence so far in your claim, this is what you should use to make your submission

CR

Pippa_Alumni · November 2017

Hi @sheree909, I'm sorry to hear about your assessment experience and the distress this has caused you. As @CockneyRebel says, it would be good to know whether you've made a request to the tribunal?

It's really good to hear that your daughter has been supporting you. If you are still having thoughts of suicide at the moment, it is important that you discuss them with someone who is qualified to help, such as The Samaritans. You can call them on 116 123 (free) or email them at jo@samaritans.org at any time.

You might also benefit from reading MIND’s information on how you can help yourself:

http://www.mind.org.uk/information-support/types-of-mental-health-problems/suicidal-feelings/how-can-i-help-myself/

mags129 · April 2018

hi my husband is going for his appeal next month, what king of questions do they ask? also i hear people take evidence, what kind? my husband has worked all his life, now he cant, retired due to heatlh problems he is only 62, its heartbreaking that he cant work anymore, need help with this appeal as we dont know anything about it, many thanks and everyone stay strong x

janice_in_wonderland · April 2018

Hi everyone
I won my appeal and have received a letter stating back pay and payments - I feel like replying stating how the (choose your offensive language here) assessor affected me as its most definitely caused me to feel worse and i fear the impact it has had on me is long term

Keep on keeping on everyone

Matilda · April 2018

Sorry that your husband can no longer work, @mags129, and good luck with the appeal.

Last May I won my PIP tribunal appeal.

The panel are only interested in what you can and can't do. They are looking for indications of difficulty with walking and with daily living.

Have your wits about you and be prepared for a grilling. Tribunal hearings are supposed to be inquisitorial. Panel might asked challenging questions.

Don't argue with the judge!

Panel based most of their questions on the 7 day diary I submitted.

The other two tribunal members weren't too bad - but the doctor asked some probing questions. Asked for how long I could walk (time). Always relate time to distance as just saying you can walk for X seconds or minutes without stating the distance might be interpreted as meaning you can walk farther than in fact you are able to. Doc also asked how did I know I could only walk 20 yards? Had I ever measured it? I replied no, it was an estimate based on experience of distances.

Doc asked how far from my front door was my car parked.

Disability person asked about the aids I use. Use of aids of course is evidence of disability. Asked about my difficulties preparing food and eating. I have adapted cutlery and adapted veg peeler.

Judge and disability person asked if I use a disabled toilet when out.

The judge and doctor both seemed to think that ability to drive indicates a low level of daily needs disability (strength, stamina). Don't drive yourself to the hearing; take a taxi if necessary. I only take a few short car journeys each week.

Don't dress up, wear clothes with few fastenings, minimal jewellery and, if you are female, minimal make-up. People, including tribunals, are very influenced by what they can actually see for themselves on the day!

Read more at https://community.scope.org.uk/discussion/42864/tribunal-hearing#f9TE0V4FcTmHWRWU.99

You can send in more evidence up to 7 days before the hearing date but tribunal would be unwilling to accept more than two pages of A4 on the day.

Suitable additional evidence would be evidence of how your disabilities affect you on a daily basis: daily living and mobility. Tribunal don't want to know about PIP legislation as they should already know that.

Disability Rights UK site has a good guide to all stages of PIP and they publish a Handbook that has a detailed account of appeal hearing proceedings. You have to buy the latter but I found it worth the money. The 2018-19 edition isn't published until May but they might still have copies of the 2017-18 edition. I understand the 2016-17 is on e-bay cheap. Advice on appeal hearings isn't likely to change much.

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

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