PIP, DLA and AA
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PIP appeal success for a mental health condition

ruthmadbruthmadb Member Posts: 8 Connected
I acted as the appointee for my son. Having been turned down for PIP, turned down at the Mandatory Reconsideration, today we SUCCEEDED at the tribunal. We had hoped for standard living rate but received higher rate for living and standard rate for mobility. Unbelievable. We are over the moon. My local CAB was very helpful indeed and I did write a VERY in-depth supporting statement.  I am happy to pass on my suggestions.
As our appeal was around mental health we were not optimistic. 
Hey!!!!

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Greats news, well done to your son!
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • livrose86livrose86 Member Posts: 34 Connected
    Another great MH appeal! Well done.
  • kami24kami24 Member Posts: 402 Pioneering
    How long is it until they backdate payments? Or do they just give you the usual amount weekly again like they used to?? Do you have to send form to dwp if you win appeal?? Confused!! 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    kami24 said:
    How long is it until they backdate payments? Or do they just give you the usual amount weekly again like they used to?? Do you have to send form to dwp if you win appeal?? Confused!! 
    If you're talking about a Tribunal win then it can take 6 weeks and sometimes more before you receive any backdated money. You do not have to send anything to DWP, HMCTS will notify them.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • kami24kami24 Member Posts: 402 Pioneering
    What about weekly pip payments? 
  • Scooot09XXXScooot09XXX Member Posts: 50 Connected
  • kami24kami24 Member Posts: 402 Pioneering
    When do p.i.p payments gob back to normal after winning a tribunal? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    kami24 said:
    When do p.i.p payments gob back to normal after winning a tribunal? 
    As previously stated, it can take at least 6 weeks for backdated payments and your PIP to start after a Tribunal. PIP is paid every 4 weeks and not weekly.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • ruthmadbruthmadb Member Posts: 8 Connected
    Many thanks for the supportive comments. My son was getting no benefits at all before all this. I ahave been assured by the PIP helpline that his backdated money should come in about 3/4 weeks (that will be approx 6 weeks after the decision) and then the regular monthly payment after that. 😆
  • Firefly123Firefly123 Member Posts: 525 Pioneering
    Glad to hear some good news my sons mental health is definitely so much worse as he's so stressed about f2f assessments.
    Well done 
  • ruthmadbruthmadb Member Posts: 8 Connected
    If that is the assessment similar to the one on the Mandatory Reconsideration, it is a JOKE. Tell your son not to get stressed, just to answer the questions as they come. But be prepared to fight any ridiculous decision. After our MR we were given 7 points. If we had been given 8 points we would have had the lowest level of PIP and never taken it further. As it was, we got 27 (!!!!!) points at the Tribunal. The CAB were tremendously helpful. 
    Good luck
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    ruthmadb said:
    If that is the assessment similar to the one on the Mandatory Reconsideration, it is a JOKE.
    There's no assessment for a MR. A decision maker looks at the decision again but there's not usually another assessment.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Trudie28Trudie28 Member Posts: 3 Listener
    Am going to pip office in hudderfield on the 29th of october 9.am am worried sick has the last time the woman lies to me and my parter saying she worked with mental Heath she was horrible I need help has my condition has got worse on loads of medication for p t s d 
  • Firefly123Firefly123 Member Posts: 525 Pioneering
    Yes my son had no money at all either for over 2 years until I finally got made his appointee so have claimed for him so am in the process of going through pip and esa for him. I'm glad yous won. Its shameful how people are being treated 
  • ruthmadbruthmadb Member Posts: 8 Connected
    Poppy is absolutely correct. Thank you. The assessment was after the initial claim. And I found that to be very biased towards physical disability. We received 2 points (raised to 27 at the Tribunal). And it seemed to just look at him on the day. Forget he had had a number of recent hospital admissions. And it definitely seemed to count against him that he looked fairly fit and was obviously intelligent and articulate. Being desperately and crushingly depressed didn’t seem to count. 

    As Poppy said, the Mandatory Reconsideration simply looks to see whether procedures were followed. No assessment. 
    So if all else fails go to Tribunal. The wait is very long but worthwhile. 2 weeks before the Tribunal (I was advised not to send it earlier) I sent in my supporting evidence. The main thrust of that was to list out each of the components (of Daily Living) which seemed most applicable and then list the detailed descriptors for each. Against each descriptor, I gave reasons, with references where possible, why this was relevant for my son. 
    My son had been in hospital a number of times so I applied and got the admission and discharge letters for each stay. Quotes from these were very helpful indeed for my referencing.
    Although he had been shunted around a number of hospitals, I got all the paperwork back from my one request. 
    Good luck 
  • YadnadYadnad Posts: 2,856 Member
    edited October 2018
    ruthmadb said:
    Poppy is absolutely correct. Thank you. The assessment was after the initial claim. And I found that to be very biased towards physical disability. We received 2 points (raised to 27 at the Tribunal). And it seemed to just look at him on the day. Forget he had had a number of recent hospital admissions. And it definitely seemed to count against him that he looked fairly fit and was obviously intelligent and articulate. Being desperately and crushingly depressed didn’t seem to count. 

    As Poppy said, the Mandatory Reconsideration simply looks to see whether procedures were followed. No assessment. 
    So if all else fails go to Tribunal. The wait is very long but worthwhile. 2 weeks before the Tribunal (I was advised not to send it earlier) I sent in my supporting evidence. The main thrust of that was to list out each of the components (of Daily Living) which seemed most applicable and then list the detailed descriptors for each. Against each descriptor, I gave reasons, with references where possible, why this was relevant for my son. 
    My son had been in hospital a number of times so I applied and got the admission and discharge letters for each stay. Quotes from these were very helpful indeed for my referencing.
    Although he had been shunted around a number of hospitals, I got all the paperwork back from my one request. 
    Good luck 
    In the search and application for evidence did you make sure that none of it related to a period no more than two years previous?
    In my last assessment (2017) where they reduced my PIP (Enhanced Care & Mobility) to 0 points once again, one of the reasons given was that the evidence that I had used for the previous two failures (2013 and 2015) was no longer acceptable as it was more than two years old and no longer reliable (evidence dated 2011 and 2012).
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm not convinced that evidence needing to be within 2 years is true. I've used evidence older than 2 years, backed up with recent evidence on more than one occasion and i've never had a problem.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • YadnadYadnad Posts: 2,856 Member
    I'm not convinced that evidence needing to be within 2 years is true. I've used evidence older than 2 years, backed up with recent evidence on more than one occasion and i've never had a problem.
    Neither did I for the second assessment in 2015. I was awarded the usual 0 points but following the MR it was increased once again to Enhanced Care & Mobility. As I have said I used the same evidence used for the first assessment & MR in 2013 - letters and reports dated 2011 & 2012. So in 2015 they did accept the evidence which at that time was up to 4 years old.
    However in 2017, again using the same evidence, it was refused in part as it was now up to 6 years old.
    So I agree with you they did use it for one but not the other.

    To get it updated would have meant having to waste my GP's time, my three consultants' time, as well as asking the DWP - IIDB unit to update their award notification. 

    I just could not face all of that, the fight at a Tribunal and the long stressful wait for the hearing. On top of that there was the belief based on past history that this was to go on for the rest of my life every two years!
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I do believe that someone with great knowledge on here has advised many times that if you don't ask for an ongoing award you'll continue to get short awards.....
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • YadnadYadnad Posts: 2,856 Member
    I do believe that someone with great knowledge on here has advised many times that if you don't ask for an ongoing award you'll continue to get short awards.....
    You can ask, but what evidence to support it would look like. Besides any such request according to the government would only apply to those that have a certain type of condition, are unlikely to see any improvement in the impact it has on them AND be awarded Enhanced for both components. 
    I always (based on the three previous assessors' reports) am told by the DWP that I should get 0 points. It was only at MR stage for the first two that it was uplifted to Enhanced Care & Mobility and the third has to go to a Tribunal.
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