PIP, DLA and AA
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Why review PIP when I have an illness with no cure?

Teresa1964Teresa1964 Member Posts: 11 Listener
edited September 2017 in PIP, DLA and AA
I received pip after 18nths, my tribunal was very distressing, and 1 member of 3 in panel brought me to tears, it took the judge 2 hrs to decide weather they were going to award pip, my outcome was good and I received it backdated, but my 2nd was straight forward, but points taken away from 1 section, yet points awarded on 2nd don't quite understand why this was, but outcome was I was awarded for another 3 yrs, am dreading my next review, I have an illness with no cure as yet 

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    HelloTeresa and welcome

    Sorry you had to go through such an ordeal but at least you came out the other side with your award.
    You say that your award is for another three years, most awards are reviewed a year early. Sometimes tribunals don't remake the award length so please check when your reveiw is due.

    CR
    Be all you can be, make  every day count. Namaste
  • Teresa1964Teresa1964 Member Posts: 11 Listener
    Thanks for the heads up, I will check, my reward runs out at the end of 2019 so fingers crossed, mind if anything my condition has not inproved, but actually got alot worse, but am afraid to do a form my condition has changed x
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    Hello @Teresa1964 ,

    If you find you are re-assessed in 2019 and want to appeal that one, you can ask the Tribunal to look at the review period too. If you can show it is medically futile and unfair to keep reviewing you then they might alter it.

    I went from two years to indefinite, so have a few others.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Thanks for the heads up, I will check, my reward runs out at the end of 2019 so fingers crossed, mind if anything my condition has not inproved, but actually got alot worse, but am afraid to do a form my condition has changed x
    If your award runs out 2019, you can expect a reveiw in 2018. Unless they have made it a finite award then you should be invited to reapply 14 weeks before end date.

    CR
    Be all you can be, make  every day count. Namaste
  • Teresa1964Teresa1964 Member Posts: 11 Listener
    My last review was actually 8wjs before my award ran out so it was difficult and upsetting, as paid me to date, then had to wait a matter of 12 wks before I was awarded again, but they did back date all payments x
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    You can ask to renew in the last 6 months of you claim. You will be starting a new claim by doing this, so new form and assessment

    CR
    Be all you can be, make  every day count. Namaste
  • Teresa1964Teresa1964 Member Posts: 11 Listener
    Thank you, I will ask them when I phone as am moving soon too x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hello @Teresa1964 ,

    If you find you are re-assessed in 2019 and want to appeal that one, you can ask the Tribunal to look at the review period too. If you can show it is medically futile and unfair to keep reviewing you then they might alter it.

    I went from two years to indefinite, so have a few others.
    There's no such thing as an indefinite PIP award. The absolute max amount of award length time is 10 years (on going as they call it) with review at 9 years.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Teresa1964Teresa1964 Member Posts: 11 Listener
    My friend has just been awarded life time awards by courts, no questions of medical needed ever again 
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    My friend has just been awarded life time awards by courts, no questions of medical needed ever again 
    That doesn't sound right. You can't get an award of longer than 10 years. I've got an ongoing award and it does say they'll assess me after September 2026.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    My friend has just been awarded life time awards by courts, no questions of medical needed ever again 
    I think your friend will find that this is completely wrong. The Tribunal often do this when they don't know how long to award a claimant for. DWP will state that the award length is ongoing, meaning it's 10 years with review at 9 years. There's absolutely no life time awards for PIP.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    My award has no end date.  However, in practice this means that, under current rules, the DWP will review this after nine years.  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Matilda said:
    My award has no end date.  However, in practice this means that, under current rules, the DWP will review this after nine years.  
    Yes that's correct. I have to admit, sometimes the DWP word things wrongly making people think differently. Probably the reason why people are thinking they have indefinite/life time awards.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    Also @poppy123456 , don't confuse an assessment with an award.

    If a court judgement has no time limit there is simply no arguing with it. Indefinite means indefinite.

    If you're interested I could scan and upload the judgement letter?

    Only if new evidence came to light could a submission be made to the court for consideration. That's how court orders work.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There are no indefinite awards end of story. The maximum amount of time is 10 years, with review at 9 years.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • MarkmywordsMarkmywords Member Posts: 419 Pioneering
    You mean a finite 10 years?

    Ha ha have it your way ;)
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    There's no such thing as a life time award any more. It's ongoing or they have a date on them.
  • Teresa1964Teresa1964 Member Posts: 11 Listener
    So why has someone I know not long ago been awarded pip for life???? Iv seen award notice!!!! 
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    The DWP have the right to review any claim, at any time, irrespective of the length of the award, even an ongoing one

    CR
    Be all you can be, make  every day count. Namaste
  • Teresa1964Teresa1964 Member Posts: 11 Listener
    Ohhhh. See even if it was the tribunal court that awarded it?? " x
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    One of the BenefitsTrainingCo's solicitors told me that if the DWP tried to review my ongoing award before the nine years were up, I should contact my MP and complain that the DWP were wasting public money trying to review a claimant with a permanent degenerative condition early.
  • Teresa1964Teresa1964 Member Posts: 11 Listener
    I understand that they need to make review s, but to put us with real degenerative illness under more stress is a disgrace, some pple pull the wool over there eyes yet you rarely here them being reviewed makes my blood. X
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    PIP isn't exactly an easy benefit to claim, unlike DLA was. I would think there's less people claiming PIP fraudulantly.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited September 2017
    I'm not sure DLA was an easy benefit to claim.  When I first claimed DLA I was assessed by a doctor and a report from my GP was requested and supplied before I was given any money (whereas with PIP I was assessed by an Atos paramedic who didn't know the symptoms of rheumatoid arthritis from her whatever, and no GP report requested).
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    PIP isn't exactly an easy benefit to claim, unlike DLA was. I would think there's less people claiming PIP fraudulantly.
    Given the way the assessments are, I won't be surprised if there's more fraud / lies on at ATOS than claimants.

    I did personally have a lot of problems claiming DLA too.
  • Teresa1964Teresa1964 Member Posts: 11 Listener
    I found atos lady blatantly lied on my first form, saying I went alone!!!!! Even though she knew my friend was unable to come in because of inadequate parking, which meant they had to drop me off, helped me into room, but had to go park car on street and sit in car as double yellow lines, that was 1st of many lies, they also are not medical professionals, as I asked the young lady who was no older than 21, so my second review I made sure. Had someone with me, absolutely disgusting and disgraceful the way we are treated by atos, understand they get alot of fraudulent claims, but they shouldn't treat us all as fraudulent claimants x
  • wildlifewildlife Member Posts: 1,316 Pioneering
    So where do all these fraudulent claimants get their medical evidence from? Doctors are not going to risk putting pen to paper to say someone has an illness or condition that they haven't got. That's the difference between disability benefit and other types of benefit fraud. If someone is going to do that they would surely choose a benefit where their own lies are all that's needed. 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Atos are the frauds!
  • Teresa1964Teresa1964 Member Posts: 11 Listener
    So you didn't see program n TV not sure what. Long ago where that lady claims she couldn't even cut up her own food then, and was living the life from luxury, she managed to fool the DWP/PIP AND WAS CLAIMING ALL SORTS, IT'S A DISGRACE AND SHE'S PROBABLY NOT THE FIRST NOR WILL SHE BE THE LAST. IT'S. Pple like that that make it difficult for us genuinely who need it to help us live a so called normal life, if only 
  • Teresa1964Teresa1964 Member Posts: 11 Listener
    And these are just a couple, but we are all tarred with same brush grrrr 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes assessment providers lie, i haven't said they don't. What we don't hear about though is the good stories and they are out there. The reason we don't hear baout them is because if a person has a decision they're happy with then they don't have any questions to ask, so we don't hear their story.

    I first claimed PIP 3 years ago. Waited 11 months for a face 2 face then 3 weeks for a decision. It went in my favour, the report from my assessment was 100% truthful. My PIP review was last year, i reported changes in my mobiity and sent in the evidence to prove this. I was sent for another assessment. The HCP i had was really really nice. My report was yet again 100% truthful and 5 days later i recieved a decision which again was in my favour. My mobility was increased to Enhanced with daily living remaining the same at Standard. Those truthful reports ar out there! I'm proof of that.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    The good ones are a minority though. Else there wouldn't be so many going to appeal and winning.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You don't know that because we just don't hear about them. 65% of those who appear at their Tribunal have a decision in their favour. It's actually much lower for those that ask for a paper based decision.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    It would be interesting to see a breakdown by area as to where the bad assessors are.
    To date I have been part of/assisted with 8 separate PIP assessment and not had one bad assessor to date
    Be all you can be, make  every day count. Namaste
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    You don't know that because we just don't hear about them. 65% of those who appear at their Tribunal have a decision in their favour. It's actually much lower for those that ask for a paper based decision.
    Why would so many win at tribunal if the decent assessors weren't a minority?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It would be interesting to see a breakdown by area as to where the bad assessors are.
    To date I have been part of/assisted with 8 separate PIP assessment and not had one bad assessor to date
    This proves exactly what i'm trying to say, we don't hear about the good stories and people automatically assume all the stories are bad.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Not all stories are bad - but plenty are!
  • lexxus16lexxus16 Member Posts: 11 Connected
    edited September 2017
    Nystagmite, totally agree with everything you have said about the bad assessments - spot on! X
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