PIP, DLA and AA
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Pip appeal

lorrainemortonlorrainemorton Member Posts: 19 Listener
edited April 2017 in PIP, DLA and AA
Hi I'm currently appealing my pip decision. Very stressful but feel I'm entitled. Any tips on how to be successful as I'm finding it all very depressing but don't want to give up. 

Replies

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

    First of all I would be clear about what points you think you should have got and why. If you haven't already done something like this, the PIP self-test can be useful here.

    Secondly, if you don't have the assessor's report, ask for a copy. Go through it and if you disagree with anything, say why, and put this in a document which goes in your submission to the tribunal (the submission is all the evidence and arguments you want them to look at).

    If you have any evidence which backs up the points you should get, and/or helps to show why the assessment was wrong, then provide a copy - medical evidence is best, but examples of things that have gone wrong in the home or out and about are useful too. You could keep a diary to help with this. Medical evidence from a doctor, occupational therapist, consultant etc is much the most useful thing however, especially if it addresses your functional abilities.

    Attend the hearing if you possible can, and if you are able to get someone to help you prepare the paperwork and even represent you, all the better. You can try Citizens Advice.

    Finally, if you haven't spotted this already, why not look at the Scope page of tips on PIP appeals? 

    Good luck!

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • lorrainemortonlorrainemorton Member Posts: 19 Listener
    Thanks for your reply. I did my best with the appeal form as cldnt get hold of Citizens Advice as they weren't answering calls. I missed the deadline for Mandatory Reconsideration as the doctor took so long supplying my medical records. They said I wld b given more time but went ahead and refused me without waiting. It's been a complete nightmare and at times I've felt totally destroyed but I'm pushing forward with appeal with the help of my local politician. I will let you know result.
  • WheelyRachelWheelyRachel Member Posts: 67 Courageous
    Wishing you all the best for your apeal
  • wildlifewildlife Member Posts: 1,316 Pioneering
    I thought you couldn't appeal until you've been through the MR process as you have to supply the MR decision letter to show you've done this. I rang the DWP before my MR to say I wanted to do this and was given another month from the date of the phone call. I presume anyone could do this. Also you could have written a letter to do your MR and told them there's more evidence to follow and could they wait till they get it. You can ring DWP anytime and an advisor will put a note on your case notes.    
  • lorrainemortonlorrainemorton Member Posts: 19 Listener
    I did ring them and explained that medical evidence was not ready as doc hadn't supplied and they said they wld give me until 27 March but they didn't. They went on ahead and made the decision without even waiting. I was furious
  • wildlifewildlife Member Posts: 1,316 Pioneering
    I'm only a forum member but do know that the date of 27 March should be on your case notes after the call you made to ask them to wait for your Dr's letter.  It's always a good idea to keep a record of the date and time of all calls and who you spoke to and what was said. If you ask the advisor their name they'll tell you.
          However even though you've appealed you could now book a call back from a Decision Maker and when they ring tell them about the date you were given and why and ask them to look at your claim again. Tell them your MP is being kept informed that'll help. If you don't feel able to do this you could write to DWP complaints as they are in the wrong in how they have dealt with your claim. Tell them what has gone wrong and that to put it right you want a Decision Maker to look at your claim again. I'm on my 2nd Mandatory Reconsideration because I've complained to ATOS about my assessor's report and sent in more evidence. You shouldn't have to go to appeal but carry on with that at the same time. 
  • lorrainemortonlorrainemorton Member Posts: 19 Listener
    Thank you wildlife that has been very useful information. I wasn't aware you could even go for a 2nd MR. I'm utterly disgusted at the way they handled my case. I will ring and make a complaint to DWP
  • wildlifewildlife Member Posts: 1,316 Pioneering
    Hi @lorrainemorton, officially you can't have a 2nd MR but I'm just letting people know that it's worth trying to get them to keep reviewing your claim right up to tribunal date and that if you complain and contact your PM it gives you more bargaining power and you're putting them under  pressure to get it right. I think you can ring to say you wiant to make a complaint  but the actual complaint will have to be in writing and called a "formal complaint".  
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi lorrainemorton,

    As wildlife says you can't have a second MR as such, and you do still have to have a mandatory reconsideration notice before you can go to appeal. But it's true that right up to the hearing date it's possible for the DWP to change their decision - they have the power to revise your award after you appeal but before the hearing. Anything which you think might persuade them to do that can be part of your appeal (eg provided with the appeal form or later - make it clear it is part of your submission to the tribunal), and you can also ring the DWP and discuss it with them.

    You can also complain because they made a decision without waiting for your additional evidence even though they had stated that they were giving you longer. That isn't good enough and makes the process unfair.

    I think talking to your MP about this is also a good idea as they may be able to help you with preparing for the appeal and/or taking your complaint further. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • lorrainemortonlorrainemorton Member Posts: 19 Listener
    Thank you Will. Yes I've got help from my MP and also legal representation now to accompany me at tribunal. I'm gonna let them take over from me and make the complaint as it's all got a bit much now. I didn't get a positive response from my mental health team who pretty much stated I'd no chance because even people with very serious problems like schizophrenia were being refused due to the DLA to PIP switching.
    Feeling a bit deflated.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    HI lorrainemorton,

    That's good news. I'm really glad you have legal representation. It's a shame though that your mental health professionals weren't more supportive. It is difficult but just because lots of people are refused doesn't mean those decisions are correct!

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • lorrainemortonlorrainemorton Member Posts: 19 Listener
    Yes Will Im gonna keep fighting on. Been an exhausting time for me. I'm gathering evidence and got great support behind me now. I will keep u posted.
  • lorrainemortonlorrainemorton Member Posts: 19 Listener
    Just wanted to post to see if anyone else has had similar struggles. My doctor now wants to try putting me back out to work in like a few weeks after all I'm going through with this pip appeal she wants to take me off ESA. I'm at my wits end with this not only that nobody is gonna employ me I will be forced to sign for jobs in not fit to do. Does anyone know do I have to be on ESA to claim PIP. What a total nightmare
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited April 2017
    You don't have to be on ESA to claim PIP.  PIP is not an out of work benefit, it is payable to people in or out of work and is not means tested.
  • lorrainemortonlorrainemorton Member Posts: 19 Listener
    Thank you Matilda. It's all getting a bit compacted and stressful just bit as I've said I've got legal representation
  • lorrainemortonlorrainemorton Member Posts: 19 Listener
    Im gonna keep fighting on but I don't think my doctor saying I'm fit for work is gonna help matters
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Good luck with the appeal, Lorraine.  The legal representation should help.
  • lorrainemortonlorrainemorton Member Posts: 19 Listener
    Thank you Matilda. Do people really work and get entitlement to PIP? Im not fit for work but been turned down twice. It's a real learning experience
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Lorraine, a benefits advisor will be able to give you more info next week.  But, yes, in theory people in work can qualify for PIP although PIP is more difficult to get than DLA for everybody, in or out of work.
  • lorrainemortonlorrainemorton Member Posts: 19 Listener
    I will check the benefits advisor out. Appreciate your help Matilda. ☺
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    You're welcome, Lorraine.  I mean that a benefits advisor on this thread will give you more info when they are on this forum next week.
  • KevinHKevinH Member Posts: 3 Listener
    I had a bad experience with my PIP appeal. I never even got the chance to put forward my case on the day, as the tribunal judge proceeded to tell me before I even got a chance to sit down that things had changed with PIP and that I could be leaving that day with no award. This was prior to the new changes that were to come into effect on the 17/3/17, he advised that I seek legal advice if I was to proceed. This was all done in an intimidating tone. I had no choice but to withdraw my appeal. 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @KevinH

    If you made your claim before the March 2017 changes, then the judge was in the wrong.  Did you seek legal advice or go to CAB?
  • KevinHKevinH Member Posts: 3 Listener
    I got some advice from the MS disability law service at the time but they weren't very helpful. I wrote to my local MP again wasn't very helpful. I lodged a complaint with the tribunal service who said I had to raise it with the judges commission who again just fobbed me off with more red tape. Citizens advice in my area only deal with debt matters so really exhausted all avenues. 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    I suggest that you tell what happened on your own thread in 'Ask a benefits advisor' category.  
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi lorrainemorton,

    I'm sorry it looks like we missed your queries on here back in April.

    Just to say that Matilda is right. You absolutely do not have to be on ESA to get PIP. Many people on PIP work. PIP is a benefit for the extra costs of disability. It is not related to whether or not you can work.

    If your GP is suggesting that you go back to work, then this is something to consider, but remember, it is not up to them whether you come off ESA. That is for you to decide. You might want to consider doing what's called 'permitted work' first, so that your ESA doesn't stop. 

    It's only relevant to PIP if your condition changes so that you can do more at home for yourself (the daily living activities) or you are more able to move around and/or plan and follow journeys. If that hasn't changed, then working doesn't affect your entitlement to PIP.

    KevinH, please do start a new thread if you would like to discuss your tribunal hearing. We'd be happy to advise. My first question would be to ask when the tribunal happened exactly. Unfortunately if you withdrew your appeal, you'd need to apply for reinstatement within a month, usually. The tribunal can give you longer, but there's no guarantee. You did the right thing in complaining about the judge but it sounds as if that didn't get very far. It may be that the best next step is to simply claim PIP again - but do tell us more on your own thread.

    Will

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