Hi, my name is kevin888!

kevin888

PIP tribunal waiting time? No money!

kevin888

My story started after brain AVM bleed in 2000 when on holiday in Majorca,  Spent a few weeks in hospital, then flown home with nurse escort Nuerosurgoens decided I needed Gamma Knife Radiosurgery to seal the AVM.
Then the epilepsy got worse as the Radiotherapy worked over time to seal the brain fault. In and out of hospital then finally Epilepsy meds sorted after about 3 years of experimenting with meds. However I am left with Epilepsy, headaches, slurred speech, balance problems and more. Gave in my driving licence as seizures were uncontrollable with no "trigger" points.
Claimed DLA for about 15 years then! change to PIP. sent in form had assessment Zero points! ( I was getting full Mobility and Middle care on DLA)
Went to MR still  no points so appealed for tribunal, been 5 months now and no appeal date.
The "assessment" was carried out by an Occupational Therapist, what did she know about brain bleed and epilepsy? The copy of her report was "pre populated" with answers like I showed no signs of malnourishment? totally irrelevent just tick boxes! She decided on the report I could follow a journey inaided? because of my brain fault I get lost walking to the shop 5 minutes away? How can the "Heath Proffessional"? decide this sitting behind a desk?
The letters from DWP for the original decision the MR and in the "Bundle" ( 140 pages) all say the same, just copied from each other!
I also said, which is true, that I am loosing £700 a month, including my wifes CA also stopped straight away! So we are living on credit , the DWP don't care about the impact to mental health or financial worries!
Any idea how long tribunal will be? Someone we know only waited 3 months but as mine includes mental illness could be longer?
And the government says this is a fairer benefit than DLA ?????? Depressed and angry........
Kevin

Pippa_Alumni

Hi @kevin888, welcome to the community!

I'm sorry to hear about your experience with PIP and that you've been left feeling so angry about it. I've moved your post into the 'Ask a benefits advisor' category where they'll hopefully be able to help you out further.

In the meantime, you might want to have a look at the other discussions in the category, to find others who might have been in similar positions.

BenefitsTrainingCo

Hi kevin888,

If you phone the tribunals service they will be able to tell you how long they have had your appeal for, and how long the current waiting time is. It's about 16-20 weeks from receipt of the appeal to the hearing date where I work in the West Midlands.
It is always best to get professional representation for your appeal if possible so contact your local Welfare Rights service if your Local Authority has one and they may be able to represent your case at your appeal. All the best!

Lee

kevin888

Thanks for your reply;
It has been 18 weeks now, the EMail I had back 31st August after my enquiry said it was "Ready to list" ? and there are a considerable number before me Don't really know what that means
So it has been 18 weeks now?
I have EMailed them again as I get confused on the phone. 
Someone I know only had to wait 2 months lately but his was a more staightforward case?
Thanks again
Kevin 

BenefitsTrainingCo

Hi @kevin888

Normally the complexity of the case doesn't cause significantly different waiting times, although some judges do prefer particular types of cases...

The 'ready to list' status means that the Tribunals Service have received the appeal, and it is in a queue waiting for the next available date suitable to your needs etc.

Although you were given a waiting time, I think this was probably just an approximate guide to indicate that it will take around that time - but another email just to check where they're up to with it won't harm at all, so if this would put your mind at rest then definitely email them.

Kind regards,

Mary

kevin888

Thanks very much I will EMail them today.

kevin888

Phoned today and the waiting time is now 24 to 28 weeks here in South Wales
, which will be sometime December, which may spill over to next year! ..............

kevin888

Hi
Am I right in thinking my wife will have to re apply for CA if my appeal is successful and I get back pay for PIP? ( could be about 24 weeks if soccessful)  The CA stopped when my DLA stopped in May. Or will it be backdated with any PIP I get? or will she have to reapply again from that date?
Thanks

CockneyRebel

Your wife will have to re apply but it should be back dated to when your pip came into being. You might need to invoke the powers of the CAB for this if it doesn't happen

CR

kevin888

Thanks I will ask CAB when we have to claim, they helped with my PIP appeal.

CockneyRebel

Good luck with your appeal, please let us knoow how it go's

CR

BenefitsTrainingCo

kevin888 

Nothing is automatic unfortunately, but if your wife makes a new CA claim within 3 months of a decision which gives you PIP daily living, then her CA can be backdated to the date her CA ended, or the date you get your PIP backdated to (if you're successful, this should be the same date - the date your DLA stopped).

I think it's also worth saying that the DWP recently issued updated guidance reminding case managers that people should score points for PIP activities if they can't do them safely. They are supposed to be doing a trawl for people who should get a higher award of PIP because of this, but it's not clear they contact people who didn't get PIP at all. As you can imagine, safety in the PIP activities is particularly relevant to people with epilepsy.

It might even be worth contacting the DWP to suggest they consider revising your PIP decision because of this. Here's the press release about the changed guidance.

Will

kevin888

Just had hearing date 4th Dec so will be 24 weeks

kevin888

Have my PIP Tribunal Monday. Any tips for success welcome!

Pippa_Alumni

Best of luck, @kevin888! Scope's website has some information on the tribunal process that you may find helpful.

BenefitsTrainingCo

Hi kevin888,

Just focus on the point scoring descriptors and have it clear in your mind which descriptors you satisfy and how many points for each one. Try to focus on what, if any, aids you use to help you with daily living, or if your wife physically has to assist you with any of the activities. Hopefully you will have medical evidence to support your case, but the tribunal will be thorough in their questioning and I normally find them very fair, so hopefully you will get the right decision at the end of it. All the very best for Monday!

Lee

kevin888

Had tribunal today Awarded ER in both! Very happy. 

BenefitsTrainingCo

Excellent news Kevin! Really pleased for you!

Mary

bobtweenie

@kevin888 That is really good to hear . I received my mandatory reconsideration decision today and the DWP are not shifting on their decision to stop my money so I am off to tribunal . The gamma knife which I had to shrink my brain tumour has not worked and the decision maker has based her report on the radiology report which says tumour is of stable appearance but has failed to take into consideration a consultants report which reads patient has profound left side weakness and balance problems . On Sunday I was told by my ENT surgeon and brain surgeon that I was going deaf in my right ear due to the gamma knife and quite possibly will lose the sound altogether this has been caused by gamma knife and the tumour pressing down . Even though the DM has said the tumour will not effect the brain cavity . I've got both reports to send off with my tribunal forms . It's a bloody fiasco .

kevin888

Tribunal awarded 2 weeks ago and phoned to see whats happening with payment? Told on phone ( after 30 minutes on hold, lucky it's a freephone number now) it would be another 6 weeks! before payment starts. Checked on phone about other points may stall it and he said the term I was awarded " It is inappropriate to fix a term" by the tribunal,may be a problem as DWP don't like it? the most is 10 years which I will be happy with anyway. Don't know how it takes 6 weeks to put my payment back into system as they stopped it soon enough.