PIP, DLA and AA
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PIP - TRIBUNAL HELP

cobracobra Member Posts: 36 Courageous
edited February 2018 in PIP, DLA and AA
Hi, my name is Cobra, though I don’t bite.

Sorry for posting on another person's post

I’ve a similar story like Juttle, but a few stages further.

I’d just turned 68 some 4 days ago. I’ve been receiving DLA HRM and HRC ……INDEFINITLEY for the last 12+ years since 2004. I had to go to a Tribunal with the Solicitor’s help. There was a cut off date for people to go from DLA to PIP which had I been 2 years older (63 instead of 65) I would have automatically qualified but alas that was not so !! I’ve been driving a Motability car for the last 12+ years.

I have been diagnosed with Arthritis since 1975 when I had my first of 17 separate operations to different parts of my body for different ailments. The ailments include insulin dependent (very high dosage 160-180 units) + tablets-controlled Diabetes, Hypertension, High Cholesterol, Neuropathy, frozen shoulder, Diabetic foot, Cataract + EYLEA, etc. Now at my age I’ve also been suffering with personal hygiene problems which involves with ‘accidents’ It would be inappropriate to write all these here.  My files at 2 city hospitals, podiatry, optician, OT, and my GP’s surgery would be full of reams of paper. I was visited by my OT in 2005 and made a full report and suggested to me and to my local council to have full downstairs disabled facilities to be converted from my garage. My council even gave us some 80% grant. We had the Full Disabled facilities done by 2005.  I also had further OT visits through my GP’s requests and they provided me with 2 metal walking sticks. They also provided a ramp and two grab rails to the front of my home.

I had a home visit by an assessor before Christmas. My son had asked if he could bring any tea / coffee or soft drink as is our traditional Indian custom for ALL visitors. She however declined. Then the grilling started, and she kept on pestering personal questions which made me cry. My son had to comfort me and bring some water for me. I asked her if she needed to check my disabled facility and again she declined.

I had heard nothing for weeks than I received a letter dated 05 Jan from my local council that my changeover from DLA to PIP will not vary for council Tax purposes and will remain same.


I’d then presumed that my PIP application has been approved. Therefore, it seemed my council received the notification from DWP before they had posted to me. I waited 3 more days to see if their letter would come and it hadn’t come so I rang to check if the letter had gone astray. Then DWP informed me that it was ‘sent’ on 05.01.18. Then further 2 days had passed and on Friday 12.01.18. To cap it all I found out that DWP had only given me 6 out of 74 points for Daily Living care (I had calculated 30 points) and 10 out of 24 points for mobility. (I had calculated 20 points).

Than I read what were the reasons given and I was flabbergasted to learn that the assessor’s report was pure fabrication and a pack of lies. The ‘tests’ I was made to do was exaggerated and some weren’t even asked so the DM made upon that information. I was told that should I want to ask for Mandatory Reconsideration Notice I’ve to send within 30 days. DWP deliberately took out approx. 10 days out of 30 days by posting to the council on the same day 05.01 as they said that they had posted to me which I received their letter on 12.01 I’d complained that to my MP as well, not that it would make any difference to a Tory MP.

I than made a MRN in time with what I’d thought I should the points have received and what I got. Again, it took some time to receive even a worse report and their letter thus discouraging me to appeal. This letter was dated 29 Jan was received a day after my 68 birthday on 05 Feb, i.e. 7 days to receive. Now again they’ve said that I’ve got 30 days from their letter dated 19 Jan for an appeal. By doing this you’re rushed in to writing to the courts for an appeal.

I am in tethers who to turn to, to help me make a winning appeal as CAB (they don’t have funding in my area), Helping Hands (they’ve got too much work so nearest appointment is in March) and now I’ve managed to get a call appointment next Thursday 15 Feb.

Sorry for this long message / rant but I needed to warn others of what’s happening with PIP. This message has taken me some hours in separate time and I hope it makes sense.

Replies

  • mikehughescqmikehughescq Member Posts: 6,620 Disability Gamechanger
    Citizens Advice, if they exist in your area, may not have funding to represent at appeals but there's no issue with the preparation of an appeal from writing the appeal letter. Equally, completing an SSCS1 should not be onerous. You largely need to repeat what you said in your MR. 
  • Lasian_AlumniLasian_Alumni Member Posts: 660 Pioneering

    Hi @cobra

     

    I’m sorry to hear about the problems you’ve been having with PIP – it sounds like you’re having a really tough time.

     

    We have a lot of useful information about appealing a DWP benefits decision on our website, including some resources on tribunals. You may find the following videos of interest:





    I hope this helps! If you have any other questions, please do get in touch.


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