Won P.I.P. appeal then lost award again — Scope | Disability forum
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Won P.I.P. appeal then lost award again

LDW
LDW Member Posts: 10 Connected
edited May 2018 in PIP, DLA, and AA
i changed from dla to pip 2yrs ago I had a right old time of it, they denied my claim and took my car from me, they told terrible lies about my home consultation, I appealed and was successful and was awarded higher rates on both components, so now to my surprise here we go again ivied filled in a review form to see if my circumstances have changed, and I've got to have another home consult, I just hope they're not still using Capita as they were terrible. All of this stresses me out which is no good for my health but I don't think they care. Is anyone else having this problem again ?
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Comments

  • thespiceman
    thespiceman Member Posts: 6,389 Disability Gamechanger
    Hello @LDW Pleased to meet you. Yes it is happening all the time not only me but loads of us in the community .

    Been like this for years and years just because you have won does not mean [email protected] review you. What gets me is the audacity on a Friday . Usual call. We have looked at your award to decide whether you qualify.  Words to that effect.

    Same old record and same and goes on constantly in my mind. Now fifty plus the battle is ongoing. Been from 1995 or earlier fighting for justice and welfare.

    My suggestion is to find advocate or welfare support. Look on web have some one with you. Recommend this to every body. Need to fight decisions and really hit the mark. Governments rules and regulations can be broken and change if we all stand together and fight. Struggle and strive become weak.

    There are firms and companies out there will take you onboard to sort the situation out.  You are like me and others want help and support but getting railroaded by the system.

    Best wishes and good luck.

    Take care

    @thespiceman
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  • Yadnad
    Yadnad Posts: 2,856 Connected
    LDW said:
    i changed from dla to pip 2yrs ago I had a right old time of it, they denied my claim and took my car from me, they told terrible lies about my home consultation, I appealed and was successful and was awarded higher rates on both components, so now to my surprise here we go again ivied filled in a review form to see if my circumstances have changed, and I've got to have another home consult, I just hope they're not still using Capita as they were terrible. All of this stresses me out which is no good for my health but I don't think they care. Is anyone else having this problem again ?

    So you are on the roundabout as well!

    It gets boring after a while going from nothing to enhanced then back to nothing and back up to enhanced I've had three rides so far in the past 5 years.

  • SunshineLou
    SunshineLou Member Posts: 79 Pioneering
    That’s a typical story right across the board. 
    A friend of mine went to Tribunal two years ago and was awarded Enhanced rate of both (pip) for 5 years. 
    They’re reviewing her now and just removed her award. 
    Again she’s appealing. 
    Seems they’ll do anything to deny people their awards. 
    I’ve been through it myself 3 times since 2014. This last time (last month) it was finally made an ongoing award. Minimum 10 years.
    I think they’ve finally accepted that brain and spinal cord damage doesn’t get much better after a certain point! 
    All I can say is keep fighting and if you go to Appeal provide ALL the evidence you’ve submitted over time. 
    The clerk of courts told me to send in EVERYTHING relevant to my disagreed descriptors. Including evidence from 4 years ago. 
    You can never give too much to a Tribunal!

    Hope that helps a little? Good luck!
  • LDW
    LDW Member Posts: 10 Connected
    Thank you for the information on your experience which is appalling,  I find it' such a sad thing that disabled ppl have extra worry over the decision from a failing DWP who doesn't know it' s  ass from it elbow at the moment
  • SunshineLou
    SunshineLou Member Posts: 79 Pioneering
    LDW, exactly!
    personally I got my MP involved and that made all the difference. Twice I had to do that actually when they decided to ignore the evidence I’d provided.
    Its one big mess and they’re treating us really badly.
    Even my own GP said he had to fight tooth and nail for his own mothers case! Appeal and all, and he’s a GP! :( 
  • Yadnad
    Yadnad Posts: 2,856 Connected
    edited May 2018
    This last time (last month) it was finally made an ongoing award. Minimum 10 years........I think they’ve finally accepted that brain and spinal cord damage doesn’t get much better after a certain point!  
    The clerk of courts told me to send in EVERYTHING relevant to my disagreed descriptors. Including evidence from 4 years ago. 
    You can never give too much to a Tribunal!
    I too have lower spinal damage as well as an acquired brain injury (frontal lobe damage) The first a sports injury and the second as a result of trauma.
    Despite all of the evidence sent in the DWP are of the opinion that the brain injury doesn't affect my abilities. As for the spinal injury and despite the hospital confirming the distance that can be walked (max 10 metres) by reference to their own walking machine, the DWP agree that I can actually walk up to 200 metres with no difficulty.
    I gave up after the DLA/PIP transfer in 2013 of describing anything to do with mental health as it was clear that they don't believe a word of what I write.
    For the 2nd & 3rd reviews (2015 & 2017) I concentrated on what they could see.
    Three decisions given - no award. The first two after MR were changed to Enhanced Care & Mobility. The third was still no award after an MR. 
    At that point and fed up with reassessment every 24 months I closed my file and gave up the fight. There was no way at 70 was I going to put up with the 2 year reviews for the rest of my life. 

    The DWP tell you not to send in anything that has been sent in the past and that nothing which is older than 24 months is required.
    Seems that the Tribunal have a different opinion - not too sure who to believe is right.
  • SunshineLou
    SunshineLou Member Posts: 79 Pioneering
    @Yadnad That’s such a shame!
    They’re counting on people not fighting! They hope people will give up.
    I didn’t give up and it has now paid off.
    I know many people who’ve also given up. Most of them with ABIs also. A lot are now housebound.
    Its not right! 
    I hate the whole system!
    68% of appeals are overturned at Appeal stage. Many MRs don’t change the award you get. You need to go further.

    If you’re happy accepting that they’re saying you’re lying then that’s your choice.
    Personally I wasn’t about to put up with that.
    In a way I’m lucky. I’ve been fighting for my son’s DLA since he was a toddler. I’m used to it all.
    It’s worse now with PIP though. They live to tell you that you can do things you can’t :( 

    DWP don’t want anything more than 2 years in terms of evidence but a Tribunal Court isn’t the DWP.
    As I said, the clerk of the court asked me for everything I could give them in order to back up the descriptors I disagreed with. 
    It worked!

    You can always call and ask them yourself if you don’t believe me.
  • Yadnad
    Yadnad Posts: 2,856 Connected
    @Yadnad That’s such a shame!
    They’re counting on people not fighting! They hope people will give up.
    I didn’t give up and it has now paid off.
    I know many people who’ve also given up. Most of them with ABIs also. A lot are now housebound.
    Its not right! 
    I hate the whole system!
    68% of appeals are overturned at Appeal stage. Many MRs don’t change the award you get. You need to go further.

    If you’re happy accepting that they’re saying you’re lying then that’s your choice.
    Personally I wasn’t about to put up with that.
    In a way I’m lucky. I’ve been fighting for my son’s DLA since he was a toddler. I’m used to it all.
    It’s worse now with PIP though. They live to tell you that you can do things you can’t :( 

    DWP don’t want anything more than 2 years in terms of evidence but a Tribunal Court isn’t the DWP.
    As I said, the clerk of the court asked me for everything I could give them in order to back up the descriptors I disagreed with. 
    It worked!

    You can always call and ask them yourself if you don’t believe me.

    No, I believe you, it's just contradictory to what the DWP say - it just makes me wonder if they are all singing from the same hymn sheet.

    I fully accept and understand that going to appeal will more likely than not result in the re-award the Enhanced Care & Mobility.

    I have had 3 face to face assessments since 2013 and now at the tender age of 70, the whole thing has got me down. 
    I do not accept that I am lying, but with the system as it has worked for me I cannot face having to complete these forms, have a face to face assessment and go for a MR to get what I am entitled to every other year until I die.
    Now with the expectation of having to go to a Tribunal every other year on top is making me ill.
    Obviously I have asked friends of my age who also for one reason or another claimed DLA and all have been moved onto PIP. None has had so many assessments, so many rejections and so many revisions - they agree with me that if it were them in my shoes, they too would call it a day. 

  • SunshineLou
    SunshineLou Member Posts: 79 Pioneering
    @Yadnad I do understand that. I’ve spent the last four years under serious stress and anxiety because of this process.

    I’d love to see it change!
    I feel for you. 
    Is there any possibility of you getting an advocate to help you? 
    I was going to ask a Facebook group for help. They’re called FightBack for Justice.
    they do all the work for you and even attend a Tribunal if needed with you.
    they do have fees but it makes things much easier for people.

    I just hate to see injustices done :( 
  • Yadnad
    Yadnad Posts: 2,856 Connected
    edited May 2018
    @Yadnad I do understand that. I’ve spent the last four years under serious stress and anxiety because of this process.

    I’d love to see it change!
    I feel for you. 
    Is there any possibility of you getting an advocate to help you? 
    I was going to ask a Facebook group for help. They’re called FightBack for Justice.
    they do all the work for you and even attend a Tribunal if needed with you.
    they do have fees but it makes things much easier for people.

    I just hate to see injustices done :( 

    Thanks for the suggestions and if I could be assured that this constant battle would end sometime soon and even if they gave me a 10 year award then I would re-consider.
    Yes with that help I will probably win, but what about 2019, 2021, 2023, 2025 etc do I want to have to go through this all over again? No I don't.

    As it is now I feel drained before I even start. Do the DWP want to see me in my grave 10/15 years before my time?
  • SunshineLou
    SunshineLou Member Posts: 79 Pioneering
    @Yadnad it does seem that way sometimes doesn’t it :( 
    Such a sorry state of affairs in this country today.
    I was actually very near giving up myself this last time. 
    I only carried on as my friends kept telling me not to give in. 
    I know how you feel. Most disabled people these days do too!
    They treat us all badly I think. Almost every single person I’ve come across from the disabled community has had similar experiences. 
    It can feel so overwhelming for regular people to go through (like I did before my own illness struck).
    My Neurologist and GP have both written to the DWP on my behalf to ask why they expect people with brain injuries to gather evidence themselves. They both know we’re not capable, often, to do these sorts of things! 
  • kami24
    kami24 Member Posts: 402 Pioneering
    They just want to cut the amount being paid out they probably have targets because they gave me 10 points last year ( bpd and ocd) but this year only 2 points after review even though no changes
  • SunshineLou
    SunshineLou Member Posts: 79 Pioneering
    @kami24 how frustrating for you! 
    Nothing these days surprises me :( 
  • lisabrazil80
    lisabrazil80 Member Posts: 94 Connected
    my mr letter come tho today got turned down again I do up set I got to go though to court with pip now I hot a prolapse which is dtoping me pooing I **** my self with out noing I git mental health problems I just can not take much more I got rent arrears it killing me all the stress pls shed some light on thus for me
  • kazbarkaz
    kazbarkaz Member Posts: 5 Listener
    I am struggling to make sense I was awarded pip for my 17yr old last may -he started having really bad seizures in July they come on without warning and has been diagnosed with mylonic tonic type seizures he’s had 12 since ,however I’ve notified pip about the change and they’ve stopped it ,,,, it’s now at the mandatory stage I don’t no what to do ,,,, can anyone give me advice please xx
  • SunshineLou
    SunshineLou Member Posts: 79 Pioneering
    @lisabrazil80 and @kazbarkaz It sounds like you’d both benefit from some type of advocacy service. Here’s a few suggestions;
    - Citizens Advice Bureau, they help with DLA and PIP problems.
    - www.benefitsandwork.co.uk , this site is a huge help and explains all aspects of DLA, PIP and ESA. Right from application to Tribunal Appeals.
    - FightBack for Justice (Facebook), again, this organisation are made up of previous DWP employees and lawyers. They can do most of the work for you and will even represent you at the Appeal and Tribunal stage, in person! (a charge applies as they aren’t government funded).

    Just a few suggestions. Hope you can both get the help you so desperately need!

  • kazbarkaz
    kazbarkaz Member Posts: 5 Listener
    Do I contact fight back for justice through Facebook please ...I feel like just giving up I knew from 4 my son had problems but was always told he's lazy ..took til he was 13 before having a diagnosis thank you for replying xx
  • SunshineLou
    SunshineLou Member Posts: 79 Pioneering
    @kazbarkaz yes. Just search for them and you can then give them a call or email x
  • SunshineLou
    SunshineLou Member Posts: 79 Pioneering
  • sue66
    sue66 Member Posts: 124 Pioneering
    OMG this is all so terrible to read. Talk about emotional and mental cruelty. Im lost for words to be honest.  Best of luck to all of you that choose to continue to fight and i can understand those who give up as well .It seems the time factor between re assessments is getting shorter for many. 
    And the fact one can lose it all on following assessments when clearly they have got no better or even worse since last time they were  assessed im asking a big how and why? 

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