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PIP tribunal and DWP requesting a statement of reason
Help needed- PIP process and tribunal hearing
I wanted some advise,
I wanted some advise,
I originally applied for PIP in April 2017, this followed an assessment with CAPITA which resulted in me being awarded 0 points for both elements of PIP. At this stage no medical evidence was provided in application and the decision was based on my medical assessment with CAPITA where the nurse in the assessment re-asked me the questions on the original PIP questionnaire. No physical examination was made of me as I was in too much pain at the time.
This was followed by a mandatory reconciliation in which I submitted 279 of pieces of medical evidence detailing all my medical conditions and how they affect my day to day life. This included letters and Medical information from all my medical specialists.
I received a decision from PIP in August 2017 awarding me 6 points for the daily living aspect of PIP and 4 points for Mobility aspect so I was not awarded PIP again on this occasion.
This was followed by me submitting a request to appeal against the decision by PIP at tribunal, I waited from August 2017 until May 2018. In the tribunal I was represented and advised by an advisor from FRU who submitted submissions prior to my hearing. I arrived at the court on 24th May 2018 with my Representive from FRU it so happened that on this day the DWP representative missed his train and he wasn’t supposed to be in my hearing but due to his train situation he attended my tribunal hearing and sat next me in the court hearing there was also my representative but I was asked questions and no one could speak on my behalf which was very uncomfortable and caused me tremendous anxiety and stress in an already highly stressful situation. This was not what I expected to happen. But it this was also part of my ordeal which lasted over 3 and half hours. A decision was made on the day.
I can only describe the tribunal hearing as horrendous and the ordeal lasted three and half hours and I received the decision to award me PIP daily living allowance at the enhanced rate but nothing for the mobility aspect just the same 4 points I had been awarded previously by PIP.
I felt so relieved and a massive weight was lifted off my shoulders. I couldn’t believe this ordeal was over! I have been suffering with severe anxiety/ panic attacks and depression and I also have sciatica and several bulging discs in my back which cause me chronic pain and restricts my movement and ability to walk. I was surprised to be awarded daily living allowance at the enhanced rate and nothing for my mobility more than the 4 points previously awarded. But I was happy it was all finally over and I would finally get some help financially and be able to move forward with my life and help me manage my conditions and have a better standard of living. My award was for two years only and I had already lost over one year of my claim and would have only ten months until this process would need to be started again! Having said that I felt relieved and happy that I would receive my back pay from April 2017 and receive the money monthly for the next 10 months.
My medical conditions have worsened since my original application and the stress of the whole PIP process and other personal and medical issues have meant that I have lost my job through this whole process and have been having a nervous breakdown for over 7 months now. My quality of life has decreased severely since my original application and things have got much worse in my life.
Today I received a letter from PIP stating they are not going to pay me my award and have asked the court for a statement of reasons on my tribunal decision.
I am in complete shock and disbelief that this is happening to me again! After everything I have been through now I am going to have additional anxiety and destress from something that I didn’t think could be happening! I feel this is such a cruel way to treat people. I have followed the process and waited a tremendous amount of time for my tribunal hearing as it stands already. The way I was treated at the tribunal was less than desirable and I didn’t feel that the judge, and two medical practitioners where in anyway on my side or gave me an easy ride in fact completely the opposite. I wasn’t a criminal case but I felt as though I was Interrogated, repeatedly questioned and given a very difficult time during the whole tribunal hearing. I was in tears and very anxious and distressed throughout.
I have extremely bad anxiety and depression and I don’t feel that any exceptions were made towards my treatment during my hearing.
I have extreme financial issues and the thought of getting this money with the back pay would have solved a multitude of my financial issues.
I truly do not know how much more I can take regarding this situation and I would appreciate some sound advise on what I can do next.
The letter from PIP was dated 24/05 the date of my appeal so I am not sure how much thought was put into this from their part regarding appealing against the decision. I feel the DWP Representive was typing this up as I sat next to him in court. I do not know what the next steps are regarding this and I have left a voicemail and sent an email and text to FRU to call me with some advise.
No one advised me this could even be an option and after the three and half hour hearing where quit frankly I was humiliated degraded bullied and subjected to what I can only described as a criminal trail having to justify my illnesses and putting me through more stress and anxiety and pain in my back. I seriously thought this was all over and done with for at least the next ten months anyways.
I am at a complete loss of what to do next in the letter it states that following the statement of reasons from the tribunal court PIP will decided if they want to appeal against the decision and than this will be sent to the upper court and the decision could take several months before the tribunal is heard.
In the meantime I am entitled to no money from the DWP. This is all additional stress and anxiety for me to go through and I just don’t understand how the government can treat disabled people in this way.
I really need some legal advise on what to do next?
I have made a call to PIP this morning to ask them why this is happening and they have explained that this is their right to request a statement of reasons same as if my appeal wasn’t successful I would also have this right to appeal against the decision. The DWP stated I have no right to appeal this process further and advise me to speak to my local authorities for a hardship loan. This is far from what I could foresee happening after everything.
I honestly do not think that the judge wanted to award me PIP and stated that due to the medical evidence supplied by me it was difficult not award me the advanced PIP award but felt that I couldn’t clearly demonstrate the fact that I couldn’t walk more than 50 metres therefore left the point originally awarded by PIP for the mobility element the same.
Please some with legal knowledge please help me out here.
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