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Awarded standard rate - appealing for enhanced

brighid

Hi, got my PIP award letter and at least I have been awarded something! However I believe they have ignored a significant part of my issues and just decided other things don’t exist, because I ‘engaged with the assessment’!
Firstly despite noting in the report that I struggled to stand (even with a stick and support from my partner) and moved ‘very slowly’ they have decided I can walk 20 metres. I plan to appeal this on the grounds that I can neither stand nor walk to a reasonable standard or in a reasonable time. They also decided I could follow a journey unaided because they don’t believe I have cognitive issues based on my presentation at the assessment. Totally ignoring that I suffer chronic fatigue, difficulties with concentration, distorted vision and dizzy spells, making it unsafe for me to drive. I told the assessor that I had been fit to drive on only one occasion in the past month, depending on my partner for any other journeys.
I wont bore you with all the issues in the daily living part, but it is a similar pattern. Ignoring the fatigue, etc and dismissing my anxiety, pain and depression because I engaged with the assessment, am not taking anti depressants (they didn’t work for me) and don’t take the full dose of painkillers daily ( they knock me out so wouldn’t help if I did ).
Just wanted to share my journey really and ask how other people had got on in similar circumstances?
part of me thinks that at least I got something so should I just accept it? But another part thinks that what they want. Probably knew they wouldn’t get away with awarding me nothing so award standard rate and hope I don’t make a fuss?

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Comments

Peasmold_01

How strange, the wording for when I awarded Standard Rate for mobility was as near as possible to the wording you have used. I appealed the decision and won. My advice, if you live anywhere that has a Community Law Centre or University Law School, approach them. They usually have an expert in DWP appeals, and Disability Rights. Another suggestion that will really help if you go to Appeal, obtain your Medical Records for at least the last two years, and present them in the evidence bundle when asked by HMCTS. Good Luck, and remember, Nils Desperandum.

Yadnad

Peasmold_01 said:

How strange, the wording for when I awarded Standard Rate for mobility was as near as possible to the wording you have used. I appealed the decision and won. My advice, if you live anywhere that has a Community Law Centre or University Law School, approach them. They usually have an expert in DWP appeals, and Disability Rights. Another suggestion that will really help if you go to Appeal, obtain your Medical Records for at least the last two years, and present them in the evidence bundle when asked by HMCTS. Good Luck, and remember, Nils Desperandum.

For a start the DWP as well as the assessors have stock phrases that they cut and paste when preparing a report.
It would take far too long for everyone to get a report that is specific to them.
Best you can get is a 'one size fits all' report with a few extra bits thrown in for good measure.

Good advice to seek that help, but the majority of claimants go it alone without any help or advice from the initial form filling to a Tribunal hearing - there simply isn't the help available out there - too few wanting to help for too many wanting the help - it can be a lottery as with the CAB - the first 6 in the queue are seen, the rest have to come back another day and try their luck once more.

brighid

Thanks, I do have some of my medical records and some other bits that I did take to the assessment but the assessor decided they weren’t necessary! There is a disability rights organisation locally that will help with appeal. They don’t really get involved with M R as the success rate is so low. I think they prefer to concentrate efforts on where they will most likely succeed. I’ve already approached them, and will enlist their support for appeal if needed.
Ive also received a copy of my report which is fairly accurate to be fair, but he then completely disregarded what I’d said when awarding points, on the grounds that I ‘didn’t look tired’ and I ‘engaged with the assessment’ also that I don’t take antidepressants or a full dose of painkillers - neither of which would help with chronic fatigue or cognitive issues, which are my main issues.
Ah well I’m up for a fight!