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Help from a benefits advisor

Skippy1976Skippy1976 Member Posts: 13 Connected
Currently beginning my appeal against PIP for my 19 year old son, really not looking forward to this battle again, find it hard enough knowing there isn't support and advise out there because of cuts!
now scared I'm not going to word the appeal form correct. As it all seems to come down to wording on these forms and how you comprehend you're sons needs in writing them correctly. 
Anyone out there with advice?
Read more at https://community.scope.org.uk/discussion/33444/mixed-emotions-into-lack-of-help#gD5x8A2sE8HAEE9M.99

Replies

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @Skippy1976 there is some great information here about appealing PIP that you might want to look at.
    Scope
    Senior online community officer
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @Skippy1976

    Sorry to hear of your panic!

    What I would say is that Tribunals really AREN'T looking for legal jargon - they know all about the cases and regulations, what they want to know from claimants is exactly what it is they struggle with (because that is normally what the DWP have failed to take proper consideration of).

    If you're not already familiar with them, have a look at the PIP descriptors, and have an idea of where your son is going to score points - the website 'benefits and work' have some good information, including a 'self test' http://www.benefitsandwork.co.uk/personal-independence-payment-pip then you can focus your Mandatory Recon and later the SSCS1 Appeal form a bit in terms of hammering home exactly how your son's difficulties affect him.

    Ultimately, the probably the most important box on the SSCS1 form is not the 'grounds' box, but the 'do you want an oral hearing?' box, to which the answer MUST be yes, unless there is a really compelling reason he cannot attend, as giving the Tribunal the chance to meet him and ask him questions gives him a much better chance of succeeding.

    As for the grounds, I would go with something as simple as "I believe I should be entitled to PIP because... [list all the difficulties he has day to day] this means that I have significant difficulties with my daily living and/or mobility".

    Hope this helps!

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Skippy1976Skippy1976 Member Posts: 13 Connected
    Morning Mary, 
    thank you for you're advice.
    I have filled in all the relevant paperwork for the appeal, using help/advice from Scope, and other research. I agree and hope when it gets to the appeal l will be heard about the daily struggles with my 19 year old son.
    Though in the terms - Safely, accepted standard, repeatedly, and in an reasonable time frame have been used in the appeal, breaking down all discriptors and lack of evidence from them.
    let the battle begin.
  • shell2222shell2222 Member Posts: 12 Listener
    hi can anybody help i sent my forms of end of february for pip got a letter in march 10th to say that capita have revived it and if i needed a f2f they would send me appointment that's was 10 weeks ago i havnt heard a thing i have know people who have had appointments in 5/6 weeks and decision in less than 10 weeks would of gone with the same health advisor capita as me as they live by me i'm on dla so it a tranfer and i thought they were quicker then new claims it's getting so streefull not even having no sleep with worrying over it i'm in wales so it would be capita in cardiff
  • debrandall68debrandall68 Member Posts: 2 Listener
    You need to keep on top of them, keep chasing them up, never take no for an answer. They are prone to
    making mistakes x
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi shell2222,

    Although PIP appointments are a bit quicker than they used to be it's still the case that some people wait 16 weeks or more. I would agree with the advice above that it's worth chasing them at this point though. Give them a ring and ask them when you are likely to get an appointment. 

    If it does extend to more than 16 weeks then I would definitely complain. But for now, ring them up and see if you can find out what's going on.

    There is a case (called a judicial review) where a judge found that some of the longer PIP delays were unlawful (ranging from 7 months upwards!) At the moment I would find out what's going on, and then post back here if there is a problem.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • shell2222shell2222 Member Posts: 12 Listener
    i will do that then just to clarify the 16 week do it mean from point of registration or is it from when the hp gets it thank you 
  • shell2222shell2222 Member Posts: 12 Listener
    just update my carer phoned capita for me was told i had to have f2f and that they probley havnt written to me bcz they probley had no appointments but give him one on the phone don't make sense got one for next week any advice for the assignment would be helpful thank you 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited May 2017
  • shell2222shell2222 Member Posts: 12 Listener
    also i no i'm a pain but i would rather no they say you can get someone to write a statement or diary bout that person is that right and could my carer write one saying how my disabilities affect me or has it got to be someone else as my carer is my boyfriend and if so could he write it and i give it in when i go into the assignment room my carer will be with me .can anybody help me
  • shell2222shell2222 Member Posts: 12 Listener
    hi i went for my pip assment a couple of weeks ago i havnt heard anything as yet but i was surpose to of got income surport yesterday the 13th june but it never went in my carer phoned them today to inquire they said they stop automatically when you apply for pip but they updated my details and said they would send a payment today they did but i noticed on they they put dwpgb-fp funding but it should be income support what is funding mean any help would be great .thanks
  • shell2222shell2222 Member Posts: 12 Listener
    hi can anyone help please i have had my last dla payment today on the 11 july then they said they would start my pip from 12 july but it's a bit lowered in payment and i will receive my pip payment on 3rd august but i'm confused as why my dla is down a bit someone said they take a weeks money but i'm still not to sure help asap will be very grateful  .thank you
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi shell2222

    This may be to do with the way the dates fall but it is difficult for us to know without seeing the award letters. It may be that you need to take the letters to a face to face advice service if the DWP are not able to explain it satisfactorily to you over the phone.

    Sorry we can't be of any more help with this one.

    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • amanda8289amanda8289 Member Posts: 43 Connected
    Hi, I had my pip home assessment yesterday as you may know nowas i put an update on the site I am just worried about the  length of time it went on for as  3 hrs is a long time and it took so much out of me i had every emotion rage frustration to sadness to please leave me alone.   straight after  it was over i had to go to bed n I couldn't get to sleep as i was so badly wired up i know it will be a few days till I can pull it all back in.  The woman was absolutely  lovely n I  felt awful she had such a bad visit n she'd probably need a paracetamol. It's the length of time and me being brutely honest about the pip letters dwp n these  reviews and how they affect the  aniexty etc... of many she said up to 8 wks omg was the answer by me n stress levels up to the roof.  Is 3 hrs normal as I don't know if I could ever go through it all again n survive.  Can anyone help  or advice me please.  Many thanks 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi amanda8289,

    I have attended a PIP consultation with a client in the past (it's not normal practice but I wanted experience of what they are like) and I think we were probably in there for no more than 90 minutes. However, every case is individual and some people's health problems affect them more than others. It's difficult to say, 3 hours does seem excessive, but it could also mean that the assessor may (or may not) have really put a lot of thought into it and this may be reflected by a positive outcome.
    I work in the West Midlands and claimants are generally waiting 4-8 weeks for a decision after the face-to-face assessment. Please try to stop worrying about it. Good luck!

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Gerrard15Gerrard15 Member Posts: 2 Listener
    edited September 2017
    I had attended a medical at centre.was on highest rate Dla.was refused.so on low rate pip.since the medical.i have had a knee op.mild aorta regurtation of the heart.getting a leg brace for other knee.if that don't work a new knee.my knee is 4 sizes than other one and permanently bent.ps my bus pass taken of me.as not deaf enough.i need help to get my mobilty again
  • panzerkillpanzerkill Member Posts: 1 Listener
    My sister is totally blind and needs help around the house she is 64 and suffer bad back pain she as been sent for a medical how is this please.??
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Gerrard15 said:
    I had attended a medical at centre.was on highest rate Dla.was refused.so on low rate pip.since the medical.i have had a knee op.mild aorta regurtation of the heart.getting a leg brace for other knee.if that don't work a new knee.my knee is 4 sizes than other one and permanently bent.ps my bus pass taken of me.as not deaf enough.i need help to get my mobilty again

    Hi Gerrard
    When was your decision made ?
    Have you asked for a Mandatory reconsideration ?
    Did you send/ can you get A GP support letter

    Please let us know a little more so we can best help you.

    CR
    Be all you can be, make  every day count. Namaste
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    My sister is totally blind and needs help around the house she is 64 and suffer bad back pain she as been sent for a medical how is this please.??
    Hi panzerkill and welcome
     You don't say which benefit this is for.

    All benefits are subject to periodic review, .

    PIP is A finite award, when a review will take place anytime up to a year before the theoretical end date.
    ESA is a non definate award and reviews can take place any time from 3 months to 3 years.

    If you can give us some more information we will be better able to help

    CR
    Be all you can be, make  every day count. Namaste
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Some PIP awards are made with no end date (as is the case with mine) but in practice no-end-date awards are reviewed after 10 years.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    In practice, as PIP has only been going for four years we do not know what will happen to the longer awards. Hopefully, the DWP will come to its senses and make these indefinate ie lifelong

    CR
    Be all you can be, make  every day count. Namaste
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited September 2017
    Under current rules, the DWP have told me in writing that they will review my award about a year before the 10 years is up.  So, that's what will happen if PIP rules don't change in the meantime.

    I can't see this Government changing PIP rules, except to make them even tighter.

    However, a change of Government is likely to see PIP reformed into something rational, humane and workable (let's hope, but there's no guarantee :'( )
  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    With the indefinite awards, the wording is actually something like "contact you to make sure you are receiving the correct support."

    Regardless of what they are then told or, as is more relevant, what agenda they follow, they can make no changes without a new court order.

    However, as @Matilda says, things are unlikely to remain the same for ten years.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Gerrard15  and panzerkill,

    If you need more advice, please could you start your own threads (a new post)? Otherwise, it's really easy for me and my colleagues to miss your questions.

    Gerrard15, I agree that we'd need more information about what stage you are at to help you further.

    Panzerkill, if it's PIP, then because your sister was under 65 on the date the changes came in, I'm afraid she does have to have an assessment to move to PIP. Occasionally people do get it on the basis of the questionnaire alone, but it doesn't happen very often.

    Even if someone already has a PIP award, as others have advised, you can be contacted and asked to go to another assessment at any time. The law allows them to look at your award again, although they do set different dates to do this and in some cases that can be up to ten years on.

    Unfortunately, even if someone has been to a tribunal, the DWP don't need a new court decision to change the award. However, they do need grounds to change it. That means they can't change it just because someone has had a new assessment. They have to be able to show that something has changed (medical evidence, or a finding that someone can now do something they couldn't before). They can't simply assume that something must have changed because of the passage of time.

    Meanwhile are all hoping things will get better and that the government (or another one) will stop reassessing people with chronic or deteriorating conditions.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Hi Will

    I assume that if DWP changed a tribunal award because they thought they had grounds to do so, and the claimant disagreed with this decision, they would be able to re-appeal?
  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    Hi Gerrard15  and panzerkill,



    Unfortunately, even if someone has been to a tribunal, the DWP don't need a new court decision to change the award. However, they do need grounds to change it. That means they can't change it just because someone has had a new assessment. They have to be able to show that something has changed (medical evidence, or a finding that someone can now do something they couldn't before). They can't simply assume that something must have changed because of the passage of time.


    Will

    @BenefitsTrainingCo,

    Will, do you actually have evidence that the DWP has defied a current Court Order?
    Obviously the DWP will always state they have grounds in all matters.
    Who is it that you are saying they "have to be able to show something has changed" to?
    Does this information come from a qualified Barrister?
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    @Markmywords

    What Will is referring to would not be considered defying a court order (although it is tantamount to the same thing). The Tribunals decision only relates to the day upon which the original decision was made, therefore if the DWP believe they have sufficient grounds to show that the claimant's condition has changed in the interim, they can effectively make a new decision on the claim.

    Hope that makes sense!

    Mary

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