PIP, DLA and AA
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PIP tribunal help

SystemSystem Posts: 519

Scope community team

This discussion was created from comments split from: PIP Assessment.

Replies

  • demonicademonica Member Posts: 1 Listener
    I had an home assessment ,the lady that came was nice too but I wasn't asked to do the exercise they normally give us. I failed the assessment as I walked wrongly with my crutch that I don't often use. They didn't even ask if I use a wheelchair. They said I could walk from the front door to the drive. Yea but in pain and where is that going to get me? Not to the shop and back that's for sure. I'm not waiting for a tribunal date to which I've had to pay for a rep to represent me on the day. It's costing me £500 as I can't get anyone else to represent me here in mid wales. 
    Last time I had to do this I used welfare rights, but here in Wales the welfare rights officer is snowed under with work and can't take no other cases on. He's the only one who does it. 
    The guy who I have to pay he said he can definitely get me my pip back for me. 
    I already have a wheelchair but it now needs new wheels and a service. 
    With out my pip its difficult to get what I need. 
    As they didn't see me in pain they say I'm OK and don't need it. I am unable to walk far ,I don't cook as its often to fatiguing to do. Its difficult to shower,brush my teeth and to get dressed some times. 
    It's harder to prove if your illness is invisible. They don't see your pain and difficulties. Its also very hard to show to them, especially if your so independent. 
  • JusticeJustice Member Posts: 206 Pioneering
    @demonica Welcome to Scope. Please run your situation by a benefits Advisor on here. I am just a poster as you are but the fact that you are paying £500 to get someone to represent you, and especially as he has said he can DEFINITELY get your PIPS back for you is ringing loud alarm bells with me. There is NO DEFINITE. please check this out before you part with that £500!
  • mikejc9mikejc9 Member Posts: 10 Listener
    Hi
    I feel for you in your situation, i really do.
    It is obvious that they did not carry out the full assessment and that needs pointing out at the tribunal.
    I would also ask them to rule on your being able to claim back your money, or even a part of it since the assessment wasn't carried out correctly and your pain not being listed and of course the added stress.
    I would also write to your MP (whether you support them or not) and point out the glaring errors and the added stress and concern you are suffering. It's nothing short of cruel.
    You would be well advised to obtain a letter from your GP and any specialist that treats you as evidence (they cannot argue against such things)
    I do hope that you get back everything you had and more.
    M
  • davetdavet Member Posts: 77 Courageous
    I agree with the foregoing comments, I would be very wary of someone promising the return of your benefit for £500, tribunals consist of independent people and their decision cannot be forecast.
    regarding writing to your MP, I actually did this myself and got an excellent letter of support from him, a copy of which I sent to PIP at the mandatory reconsideration stage, and although they confirm receipt, they completely ignored it

    I did however discover that although I gave them details of my GP, specialist and physio, as they request on their pip application form, they did not consult any of them, I have now obtained a letter of support from my GP which confirms my disability and goes into detail of the pain I suffer, and I would suggest you do the same.

    I am now at the tribunal stage awaiting and looking very much forward to my hearing
     
  • wildlifewildlife Member Posts: 1,314 Pioneering
    edited August 2017
    @davet Just to let you know that I got DWP to review my claim and it got changed AFTER my Mandatory Reconsideration. You sound like you might be able to do that if you've got more evidence and MP and GP backing you up. It's worth a try. I booked a call back from a Decision maker to discuss the MR result and ended with an offer to look at it again as I said I couldn't cope with the stress of a Tribunal. I really don't think the DM's want so many people going to Appeal as it reflects back to them not getting it right earlier in the process. @demonica you could try this as well unless you'd rather wait. I would never pay that much for help. If he's not your official appointee or has power of attorney they will need to talk to you not him. He sounds like someone cashing in on your misfortune. keep posting you'll get plenty of free help and advice on here... 
  • janice_in_wonderlandjanice_in_wonderland Member Posts: 265 Pioneering
    edited August 2017
    I agree with @Justice

    why £500? 
  • davetdavet Member Posts: 77 Courageous
    thank you Wildlife, unfortunately , my disability is stroke related and I find it very difficult communicating verbally, I received today the response from PIP to my request for a tribunal hearing and was staggered to see some of the comments in there and am considering writing to them pointing out their incorrect assumptions and offering them a chance to look at my case once more before a tribunal hearing, I must admit though this whole process is starting to wear me down now
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @davet, I feel for you. What's happening to people at the moment is so awful bearing in mind we've got enough to cope with without the stress of the PIP process as it is now. I can't write letters by hand as I have nerve damage throughout my body from a bad car crash but according to my assessor all upper body movements and strength were normal. I can type OK and so I type all my letters in WordPro on the laptop and print them off and just have to sign them. It's also an easy way of keeping a copy of everything. I also use email for the same reason. As regards your claim if you've only just applied for tribunal and it may be some time before you get a date for it, have you got a copy of your assessor's report form PA4? Whether or not the comments you are referring to will probably be from your assessment as DWP mostly just copy what is on your assessor's report. You could certainly try and get them to review your claim again and send more evidence if you've got any or just a letter to say why you have difficulty ringing them and why you can't face the stress of a tribunal. In my opinion no-one who has had a stroke should have to go through what you are having to do. It's all wrong. I can only say I've spoken to 2 Decision Makers from DWP and both were really nice and very sympathetic so I don't believe the problem is all DWP's fault. They have no medical knowledge therefore have to agree with whatever the so called Heath Professionals tell them. Good Luck in whatever you decide to do...  
  • davetdavet Member Posts: 77 Courageous

    wildlife said:

    @davet, I feel for you. What's happening to people at the moment is so awful bearing in mind we've got enough to cope with without the stress of the PIP process as it is now. I can't write letters by hand as I have nerve damage throughout my body from a bad car crash but according to my assessor all upper body movements and strength were normal. I can type OK and so I type all my letters in WordPro on the laptop and print them off and just have to sign them. It's also an easy way of keeping a copy of everything. I also use email for the same reason. As regards your claim if you've only just applied for tribunal and it may be some time before you get a date for it, have you got a copy of your assessor's report form PA4? Whether or not the comments you are referring to will probably be from your assessment as DWP mostly just copy what is on your assessor's report. You could certainly try and get them to review your claim again and send more evidence if you've got any or just a letter to say why you have difficulty ringing them and why you can't face the stress of a tribunal. In my opinion no-one who has had a stroke should have to go through what you are having to do. It's all wrong. I can only say I've spoken to 2 Decision Makers from DWP and both were really nice and very sympathetic so I don't believe the problem is all DWP's fault. They have no medical knowledge therefore have to agree with whatever the so called Heath Professionals tell them. Good Luck in whatever you decide to do...  


    Thanks again wildlife, yes I have the assessors form(available at all good book stores in the fiction department) and have quoted it verbatum to the dwp  pointing out his errors and exaggerations, I too am like you ,I am only able to write using , 2 fingers and a thumb on my right hand on a laptop, my stroke left my thought process a little slow, hence I find it difficult communicating verbally, I cannot keep up with conversations and find it difficult finding the words I need, so writing is much better for me, although staring at a screen for hours causes intense headaches,My GP constantly tells me to avoid stress or risk another stroke, but what can you do? I get so frustrated and angry at some of the comments from them, In their response to my request for a tribunal, they acknowledge the fact that I raised a point about my problems with spacial awareness and loss of balance and the assessor not wanting to discuss it, but there is nothing in my report of the fact that while trying to carry out one of the exercises, I almost fell off the chair, yet when I raise this with them and ask for a response to it, they simply ignore this fact it is like talking to complete idiots, they miss so much out, they state that I am able to walk to a taxi from my door to go to the supermarket although I have told them the taxi stops about ten feet from my door, and I can walk from the supermarket to a taxi, but ignore the fact that the supermarket door is approx 15ft from the door of the taxi office and the  taxi's share the same car park as the supermarket and a car is usually 10ft from the door, these people should be legally required to attend tribunals, if only to answer why they twist facts and ignore information
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