PIP, DLA and AA
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PIP appeal help

tillyminttillymint Member Posts: 3 Listener
edited January 2018 in PIP, DLA and AA
I recently had to apply for PIP as we all know our DLA is coming to an end, in my application I explained that due to severe pain and very little sleep I often have to stay in bed during the day.  I have frequent falls without warning so not good for me to be on my feet if I am exhausted and in pain. The DWP said that they sent me a letter advising me of an assessment I was to attend but I did not receive the letter, they then said they sent somebody to my house and got no reply and on these grounds have rejected my claim.  Can they do this, I have been on DLA for about 20 years after I was left disabled and always in severe pain, as soon as I got their letter I rang them and told them to look at my application as I had put on there that most days I am in bed due to pain and exhaustion and could they please look at my case again and they said they would.  Two days letter I received another letter saying that they stood by their original decision that I did not qualify for PIP.  I know it cld take months for an appeal hearing and I do not know how I will survive without my DLA is there anything I can do to get this sorted quicker than having to wait for an appeal, my neighbours appeal took nearly a year ☹️

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hello tillymint and welcome

    Did you subit a supporting letter from your GP ?
    Can you obtain any further medical evidence and or testamonials fromfamily or friends ?
    If so then you can ask them to look at the decision again .
    You can also ask for help from your local MP to reopen your claim.

    You should start your appeal to the tribunal as soon as possible. If you do this and win all the tribunal can do is reopen your claim and restart the process of assessment. As you are aware, this can take a long time but if you eventually win an award it will be backdated to when your DLA stopped.

    As you have no award in payment you can start a new claim straight away. You can do this as well as appealing your original claim. However, you will need to keep the two claims separate and juggling two sets of paperwork may not be easy.
    You may get a decision on this second claim quicker than waiting for your appeal and subsequent assessment
    The down side of this is that it will only be paid from the date of the claim and will not be backdated to the end of your DLA.. This will be a new decision and will supercede any decision that arises from your appeal

    To try and explain
    your appeal wins and after assessment you receive enhanced rate for both components. this will be paid from the date your DLA stopped upto the date of your second claim decision.
    Your second claim decision awards you standard for both components which is then paid instead of the enhanced rate previously awarded.

    This all sound complicated and I am sure others may be able to explain better

    CR



    Be all you can be, make  every day count. Namaste
  • tillyminttillymint Member Posts: 3 Listener
    Thanks CR for your help and iteasnt too complicated at all.  My DLA has not come to an end date yet as it ends on 24 January 2018, so it wld not effect my back pay if I was eventually to win.  Where though would I get an application form from because they actually sent me the last one, plus stupidly I did not photocopy my last application so cld they penalise me for either missing things off or adding them on etc not that anything I put on the form was a lie but u know how it is you sometimes write things differently etc.  Once again thank you for your help
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    To start a new claim you need to ring the DWP

    https://www.gov.uk/pip

    CR

    Be all you can be, make  every day count. Namaste
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited January 2018
    @tillymint

    It sounds as though they have rejected your claim because they say you didn't attend an assessment.  Therefore you cannot appeal to a tribunal.  You could ask in Ask a benefits advisor category what your next steps might be. 
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