Won P.I.P. appeal then lost award again

Yadnad

sue66 said:

 
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? 

I too wondered about that. I came to the conclusion that the assessor has no idea what the decision was last time and treats every face to face as a completely new claim. 
However I am surprised that the DWP, who do know your PIP history, allows this to happen. Surely they would look at the recent report that says that you have some issues but none of them fit any of the descriptors  and compare it with what happened last time around. Any concerns should then be put back to the assessor to comment on.

kazbarkaz

Thank I all for you're support.. my so has asherges n epilesy amongst other issues he deserves help x

kami24

So they have turned down my reconsideration so please can i ask what do you send for an appeal as i have been on p.i.p 2 years and haven't appealed before. I have bpd. What do I post to the HMCTs?

Waylay

My assessor used my last assessmemt report as evidence. It was set aside by the Tribunal, so this is ridiculous! ****. Elbow .

poppy123456

kami24 said:

So they have turned down my reconsideration so please can i ask what do you send for an appeal as i have been on p.i.p 2 years and haven't appealed before. I have bpd. What do I post to the HMCTs?

You'll need to fill in the SSCS1 form. You'll also need a copy of the MR decision letter, without this the Tribunal will refuse your appeal. You have 28 days to send this, any evidence you want to send can be done at a later date. As long as it's sent within 10 days of your hearing date, it's fine. Waiting times for Tribunals are huge so expect several months waiting...at least. Good luck.

SunshineLou

@kami24 The clerk of court told me to send in ALL the information and evidence that I had relating to what I disagreed with. From the start of my illness (which was 4 years prior to my appeal). I did that and the decision was changed even before it got to the Tribunal stage. 
The DWP had to reassess their views of me.

At the end of the day a Tribunal is a Court of law. If you have evidence, that will hold up in court. The DWP would have to provide evidence that you can do the things you’re saying you can’t. 
Thats why most appeals go in favour of the claimant. 
The DWP don’t assess us correctly!

Yadnad

Waylay said:

My assessor used my last assessmemt report as evidence. It was set aside by the Tribunal, so this is ridiculous! ****. Elbow .

I had that too. With the re-assessment forms I enclosed the previous decision letter from the DWP. the report summary from ATOS and the revision award from the DWP (the complete history of the assessment 2 years previous).
They ignored the revision and quoted the original decision when I failed.

SunshineLou

@Yadnad, what a blimming cheek! Just typical  

susan48

Question - I won my tribunal and will probably get a review form in a few months time. Should I send a copy of the tribunal report with the PIP review form, when I get it?

SunshineLou

@susan48 it certainly wouldn’t do any harm! My friend is at that stage now and she didn’t include her tribunal report. They’ve removed her award now so she’s having to appeal again!  

susan48

SunshineLou said:

@susan48 it certainly wouldn’t do any harm! My friend is at that stage now and she didn’t include her tribunal report. They’ve removed her award now so she’s having to appeal again!  

Thanks @SunshineLou, it’s ridiculous we have to go through all this. Next time in not appealing, I can’t go through that again. Good luck yo your friend though 

SunshineLou

@susan48 thanks honey. She didn’t want to do it again either but none of her family or friends will let her loose what’s she’s entitled to!
If it helps..  you can get an advocate to help you. There’s a group called FightBack for Justice. They have a website and are on Facebook. 
They help with all aspects. They even do all the paperwork and take you, in person, to the actual tribunal hearing if needed.
They do charge for the help but altogether it’s only a months worth of PIP in value.

I know a few people who they’ve helped and speak very highly of them. They’re made up of previous DWP employees and solicitors so they know all too well what to do at every stage.
It takes some of the stress away.

Its such a sad state of affairs that disabled people today, in this ‘fair’ country, have to fight tooth and nail to prove themselves to be disabled.  

I know how you feel though. If my friends hadn’t persuaded me to appeal I’d have given up myself! x 

SunshineLou

Sorry to repeat myself guys. Brain injury memory is so bad I don’t remember answering other comments above. 
Oops!

Yadnad

susan48 said:

Question - I won my tribunal and will probably get a review form in a few months time. Should I send a copy of the tribunal report with the PIP review form, when I get it?

As I have said above, my case never went as far as a Tribunal - the DWP changed it at MR. So to explain to the assessor and the decision maker what the previous history was I sent them copies of everything. They ignored the MR decision and concentrated only on the first failure decision!

Yadnad

susan48 said:

SunshineLou said:

@susan48 it certainly wouldn’t do any harm! My friend is at that stage now and she didn’t include her tribunal report. They’ve removed her award now so she’s having to appeal again!  

Thanks @SunshineLou, it’s ridiculous we have to go through all this. Next time in not appealing, I can’t go through that again. Good luck yo your friend though 

You are the same as me - I gave up as it was really getting me down. Although just under £200 a week worse off but the relief is well worth it.

SunshineLou

@Yadnad I think you mean per month, not per week. The max award per month is about £550.

Yadnad

SunshineLou said:

@Yadnad I think you mean per month, not per week. The max award per month is about £550.

No, £141.10 PIP + Guaranteed Pension Credit (because of the loss of the disability premium and the Carers Allowance) - £54.00

Total per week lost £195.10

As well as the 100% Council Tax relief which was based on receiving Pension Credit.

SunshineLou

@Yadnad, sorry, I assumed you were talking about PIP. Not all other related loses. My misunderstanding. Good that you can afford to loose all that and still be ok though!

Yadnad

It was all a question of the worst of two evils.
Appealing would be OK on it's own, I have already submitted the evidence that supports enhanced for both mobility and care - in fact it is the same evidence that was sent to the DWP for the first and second MR where they accepted it and changed the award to ERC & ERM.

It's the thought backed up by what has already happened to me in the past 5 years (three PIP re-assessments - only get 3 year awards, reviewed after 2) of having to have this fight with the DWP every 24 months for the rest of my life. At 70, my health won't improve but the DWP think otherwise. I just can't face that and the stress that comes every time leading up to the face to face assessment.

It isn't good losing that money, in fact it could come in very handy but as I have said peace in my mind is just not worth it.  

jtaylor

Hiya does anybody no what they are like with epilepsy I had my first assessment today I think it went ok my key worker with me also how long til I hear bk and wens it back dated from