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Recent PIP appeal lost

Wolfbane2018Wolfbane2018 Member Posts: 1 Listener
Hi Everyone, I have just joined today, I wanted to write down ( with help ) one of the most awful experiences in my life in over 50+ years.
Last week i went to a PIP appeal - which took over 14 months to get, i went with my friend and my PIP adviser , the panel consisted of 3 ladies , i did not know from the onset that the people with me WERE not allowed to speak or help me at all on my behalf , my memory is incredibly poor linked to my Extreme insomnia - i sleep only 2 to 5 hours per week most days nil sleep at , so i struggle with concentration and often do things and get a lot of things wrong, i had to do all the talking myself - questions relating back 14 months ( i often forget what has been said to me immediately ), so  communication problems are an issue  - but they said i have communicated okay . but no one was allowed to help me . Even the several medical conditions on my notes stated, the 1st question was  " which condition are you primarily here for " they made me choose one !, it really felt like i was barracked with well over 100 questions for an hour , it reallwas horrendous, any advice ? 

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Sorry to hear this very bad news, @Wolfbane2018.

    If the panel made an error of law you would be able to appeal to an upper tier tribunal.  To find out if there was an error of law you will have to write to the tribunal and ask for a statement of reasons (SOR).  Show the SOR to CAB, or similar, or to local authority welfare rights for them to identify an error of law if there was one.

    If there was no error of law, then you could make a new PIP application right away.  

    PIP is awarded not for conditions themselves but for how those conditions affect your daily living and mobility.  Disability Rights UK site (DR) has a good guide to all stages of PIP.  Study the list of descriptors.  DR also has a draft diary that you can adapt.  Good idea to include a 7 day diary with your application.  Try to get some f2f help from CAB or similar, or local authority welfare rights.
  • angel137angel137 Member Posts: 51 Courageous
    Sorry to hear that. It's why I am not appearing in person though I have already been awarded PIP. There is more chance of success going in person but not for me and possibly, you either. I also experience cognitive /concentration /neurological symptoms, as well as many others. You would need very clear, structured, concise appeal papers right in front of you during the appeal, so that you can look at them and read it out and remember why you're there! After a few minutes, it's easy for the mind to get muddled in a more pressured situation, like a tribunal hearing. This should be made very clear to the panel b4 the hearing and in your application and MR. 
    Good luck with your reapplication and really think on about whether it is to your advantage to appear in person. Get as much evidence from doctors, carers, friends and family as you can. That level of sleep deprivation is debilitating. All of your symptoms together should be considered. 
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
     the 1st question was  " which condition are you primarily here for " they made me choose one !,
    I like that as an opening question. It sounds like a magic show  - pick a card anyone will do.
    Seems that this sort of attention is still with us. I claimed ESA back in 09 and the form they used (ESA50) suggested that you could only claim for the difficulties that have arisen based on the condition as stated on the sick note. It didn't matter if your problems arose out of a combination of conditions - you had to just pick one - the one that the GP put on the note.
    Shortly afterwards they changed the ESA50 to make it clear that all conditions were relevant.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Hi @Wolfbane2018 and a warm welcome to the community! I hope you get the support and guidance that you are after. Please do let us know how your PIP appeal went :)
    If there is anything else I can do then please do not hesitate to be in touch!
    Community Partner
    Scope

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