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Can anyone give some advice about pip tribunal. Thanking you
I have never posted to a forum so please bear with me. I desperately need some advice on behalf of my mother-in-law. She has end stage COPD for which she uses oxygen when going out and is also a c02 retainer so she uses a NIV(non invasive ventilator) when she goes to sleep and also has suffered from type 2 respiratory failure. She is in receipt of PIP standard mobility and also ESA WRAG. Last year she reported a change in circumstances to PIP and was sent out a form, it was filled out by the DAB and she had to attend a reassessment, she gained no extra points, so a MR was sent out and the DWP stuck with their decision, so she went through the appeal process, she had her tribunal this year June 12th and won, she was given enhanced on both sides and her money is to be back dated to 19th July last year. Four weeks on from the tribunal and she still hadn’t heard a thing, until a letter came through from the independent assessment services(ATOS) saying that the DWP had asked them to look into her case and gather information about her health and that she might have to go for another assessment. So she phoned the DWP to ask them what was going on as she had just won her tribunal, they stated that she had made a phone call in April before the tribunal to report a change in circumstances. She had actually called them to let them know that her oxygen tanks had arrived, at the assessment and the change of circumstances form last year she made the DWP aware that her oxygen levels were becoming low and she was going to need oxygen but that had not been sorted out at that point. also that she was now having to use a NIV to help expel the build up of co2 as her lungs are so badly damaged that they are unable to perform this action without that aid. Being a co2 retainer causes confusion as she is not getting enough oxygen to her brain and the build up of co2 is dangerous, all of this was explained and backed up with her doctors letter. The DWP are now using this phone call in April as a means to not payout her entitlement, she gets easily confused and the phone call in April was not about a change in circumstances but to let them know about the extra aid(oxygen tanks). The whole point of the tribunal was about her change in circumstances and entitlement to higher rates, now the DWP are trying to make her go through the whole process again because of 1 phone call, no form was filled out again or signed or anything. I feel so sad for her and others that are being treated so despicably for being ill or having a disability, is it not bad enough to suffer with inflictions let alone having to fight for she is entitled to in the first place. Having to deal with ill health then the minefield that is the DWP on top of everything is utterly shameful of the government to treat people this way especially since she has worked all her life until falling ill. I'm sorry for rambling but do not know where to turn to get her the help to make sure she gets what she is owed. If anyone can give advice I appreciate any help or time given I really do.
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