Urgent: Advice for Imminent PIP Appeal

hsykes

I've got my appeal on Friday. I was on dla indefinitely but had to apply for pip. I've had a medical and I got no points at all even tho I have problems standing and walking due to back and hip problems. I have been waiting for appeal date since January after having 2 mandatory reconsiderations that were not sucsessfull. Citizens advice bureau says I should have at least 14 points but dwp are not willing to agree is there any advice you could give me ? 

MikeBroderick

Hi @hsykes:

Thanks for your email, and welcome to the Community!

Please see these PIP Frequently Asked Questions.

PIP Appeal Advice

As well as these additional PIP resources:

PIP self test 

Help filling in PIP forms

Please also have a look through the discussions in our Talk about PIP/DLA section and in our Ask a Benefits Advisor Section

I hope you will find these helpful.

Best wishes on your appeal.

Sam_Alumni

Hi @hsykes welcome to the community 

We have some videos about the appeal process, there is lots of information here that could help to prepare you for Friday.

https://www.youtube.com/watch?v=tIHjSpNNbQo&t=23s 

https://www.youtube.com/watch?v=2WEvbFVlQOc 

Best of luck to you 

Matilda

@hsykes

I had a successful appeal hearing three weeks ago.  Below is the advice I posted on my own thread about hearing attendance.

In addition, I'd say:

Don't drive yourself to the hearing - take a taxi if necessary
Don't wear clothes with fastenings
Don't wear expensive jewellery and definitely no ear-rings at all
If you are female, don't wear much makeup - no lipstick or nail polish, and wear flat shoes

"Tips?   Have your wits about you and be prepared for a grilling; and have thorough medical evidence even if it's not recent.

The only medical evidence I had was the DWP doctor's report and my GP's report from 1998 (both very thorough) when I was awarded DLA highest rates both components indefinitely.

The other two tribunal members weren't too bad - but the doctor asked some probing questions.  Asked for how long I could walk (time).  The Atos assessor asked that, too.  Although of course PIP points are supposed to be awarded for distance, not time (or so I thought).

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.

The judge, doctor (as well as the Atos assessor) all seemed to think that ability to drive indicates a low level of disability.  Which is nonsense.  What's the point of Motability, then?  And many disabled people would be housebound without a car.  

I only take two, maybe three, round trips of 12 miles or less a week; I find driving long distances tiring.  I wouldn't advise any claimant to state that they do a lot of driving, especially longer distances."

Good luck with the appeal.

hsykes

I was not successful today with my appeal also the medical I had on 22 May gave me no points either so now my esa has been stopped and I have to go on jsa from today it's all a bit dreadful at the moment I don't know what to do now 

davet

sorry to hear that you lost your tribunal, I am still awaiting a date for mine although it would appear that it will be toward the end of the year according to tribunal service, it does however appear to me that all the odds are stacked against us and the dwp seem to be able to do as they want, I find it grossly unfair and unethical that the dwp can impose their decision before it has even been heard by a tribunal, it is like someone being arrested for a criminal offence and being sent to prison before the trial, however it would seem that the rest of the establishment are able to manipulate systems to their advantage, I like many people pay my council tax monthly, however the last couple of months I have paid it a few days late resulting in a letter from the council stating that i had lost the right to pay monthly and the balance of £800 was due right away, I wrote to them telling them payment was impossible, I then got another letter received in May stating that unless it was paid by the end of the month I would be summoned to court I obviously did not pay as I was unable to, this week I got a summons to a court in August so the council applied for a court hearing in june and got a date for 3 months later, I applied for a tribunal hearing around march and will get a tribunal hearing 9 months later if i am lucky I can understand why some people dont even bother I am even beginning to wonder if it is worth it myself

Matilda

@hsykes

Sorry to hear that you lost your appeal.  I suggest that you re-post in 'Ask a benefits advisor' for advice as to what your options are now.

Matilda

@davet

Tribunals are independent of the DWP and impartial.  Many appellants do win their appeals - so don't give up hope.

I recommend that you read the appeals advice on the Scope site and on Disability Rights site.  Disability Rights also publish a Handbook about benefits and appeals which gives more details than online.  It has to be bought but there are discounts available.