pip unsuccessful appeal, what next?

joannekennedy

Hi, Looking for some advice. I put in a claim for pip just under a year ago. I was refused so appealed. Had my tribunal and have just received my letter saying they agreed with them. Not sure what to do now, I have my doctor telling me I’m not fit for work and not to give up as she’s saying I should be entitled to something. I had Gillian Barrie nearly 5 years ago which I never recovered from and has left me with Cfs and constant pain in my legs. Any help would be great as to what I can do next

Pippa_Alumni

Oh I'm sorry to hear this @joannekennedy, that must have been tough. I hope our members will be able to provide some guidance. 

In the meantime, do you have any support with your pain management?

joannekennedy

Thanks, no I’ve completed a cfs management course which helped me with ways to deal with the tiredness and how to cope better with the day to day things

debs42

Hi im so sorry for your tribunal not going the right way for you 
can you apply again and get doctors letters or even a pain management consultant to write you a letter I don’t know much about this but my pip has just been turned down aswell and I’m going to appeal. It makes me mad when I see people parked in disabled bays who look like there’s nothing wrong with them when a lot of others are suffering and get turned down. The system has to change
sorry for ranting
good luck x

joannekennedy

Hi, Yes going to apply again. Had doctors letters with this claim and at £21 a letter it’s a lot while trying to get by on one wage. Good luck with your appeal Hope it  goes well x

poppy123456

The problem with a letter from your GP is that they very rarely know exactly how your conditions affect you against the PIP descriptors. They will only know things like medication, diagnosis etc. If they do know how your conditions affect you it's because you've told them.

A written diary or a letter from someone that knows you well is far better than any letter a GP can give you.

Applying again using the same evidence as you previously used could see another refusal. I'd advise you to get some face to face advice from either welfare rights or a law centre near you.

Yadnad

debs42 said:
It makes me mad when I see people parked in disabled bays who look like there’s nothing wrong with them when a lot of others are suffering and get turned down. 

Being in receipt of PIP has very little to do with parking in disabled bays.
For a start it is only an automatic entitlement at the moment for a Blue Badge if you have enough points in the getting about section. Having the care element will not get you a Blue Badge.
Likewise you do not need to have claimed PIP at all to get a Blue Badge - they are offered by your council on application provided that you have some difficulties affecting your arms or legs.

stree

? Where has the disabled bay comment sprung from?

Yadnad

Debs42 brought the subject up complaining that only those who use the disabled bays should look disabled!
I pointed out to her who is entitled to use them.

stree

OK, threw me for a minute, seemed quite off topic although guilty of that myself sometimes!

Just to add, anyone that judges by appearances should concentrate more on their own  intolerance and judgementalism before deciding on anyone elses rights and status.

OK, back on topic:

poppy123456

debs42 said:

 It makes me mad when I see people parked in disabled bays who look like there’s nothing wrong with them when a lot of others are suffering and get turned down. The system has to change
sorry for ranting
good luck x

Please don't judge others. There's such a thing as invisible conditions and you most certainly can't judge a book by it's cover.

Jade08

Good luck with your appeal.  
My friend who is only 40 years old has blue badge. she has breathing problems.   she can only 4 metres sometimes, but there was days when she manages between 10-15 meters, but  she would pass out because she couldnt catch her breath.  It was a paramedic who attend to her to get blue badge, he been 3 times to help her in 2 weeks in her local supermarket.  Now when i go to shops with her she gets funny looks and this sometimes stop her from  going out.  she still works 4 days a week. 

Yadnad

Jade08 said:

Good luck with your appeal.  
My friend who is only 40 years old has blue badge. she has breathing problems.   she can only 4 metres sometimes, but there was days when she manages between 10-15 meters, but  she would pass out because she couldnt catch her breath.  It was a paramedic who attend to her to get blue badge, he been 3 times to help her in 2 weeks in her local supermarket.  Now when i go to shops with her she gets funny looks and this sometimes stop her from  going out.  she still works 4 days a week. 

On the other hand I have my 75 year old wife who is riddled with Arthritis from neck to feet and everything in between and previously had a Blue Badge which expired late last year. She applied for a renewal but was turned down after an assessment for the Council.
And my Blue Badge was returned to the council as I lost my PIP mobility award at the back end of 2017 at the age of 70.

poppy123456

You didn't need to return your blue badge to your local council because you lost your mobility award. You can keep the BB until it expires.

http://www.legislation.gov.uk/uksi/2000/682/regulation/9/made

legislation was amended slightly in 2011 but no mention of having to return the BB with lose of mobility award.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/3253/blue-badge-local-authority-circular-nov-2011.pdf

Yadnad

poppy123456 said:

You didn't need to return your blue badge to your local council because you lost your mobility award. You can keep the BB until it expires.

http://www.legislation.gov.uk/uksi/2000/682/regulation/9/made

legislation was amended slightly in 2011 but no mention of having to return the BB with lose of mobility award.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/3253/blue-badge-local-authority-circular-nov-2011.pdf

9.—(1) A disabled person’s badge shall be returned to the issuing authority immediately on the occurrence of any of the following events–

(a)the expiry of the period for which the badge was issued;

(b)the death of the holder or, in the case of an institutional badge, the institution ceasing to exist;

(c)the holder of the badge ceases to be a disabled person or, in the case of an institutional badge, the institution ceases to be eligible under regulation 5;

(d)a replacement badge has been issued under regulation 7 to replace a lost or stolen badge and that badge is subsequently found or recovered;

(e)the badge has become so mutilated or faded as no longer to be clearly legible when displayed on a vehicle;

(f)the badge ceases to be required by the holder.

I returned my badge both under 
9 (c) as the DWP had legally determined that I was no longer disabled and that the badge had originally been issued based on the Enhanced rate of mobility which had now been removed.  AND
9 (f) that as the Motability vehicle was returned the same day that the PIP decision notice was received and that I no longer had another vehicle there was no point in keeping my badge as I also had surrendered my driving licence earlier. 


Also I referred to a 2017 post on Rightsnet that dealt with this situation.
https://www.rightsnet.org.uk/forums/viewthread/11536/

The advice given was to contact the Local Authority which I did and was told that unless the badge was issued under the concessionary process, if the DLA/PIP mobility award was cancelled and the badge was obtained because of that award then the badge should be returned forthwith. It was however still open for me to then re-apply under the concessionary rules direct to the council for a new Blue badge.

This wasn't the first time that I had sent one back. I returned one in 2014 and again in 2016 for the same reasons.

cristobal

@yadnad... could you move the off-topic disabled badge debate onto another forum?

Yadnad

OK, sorry. it was a side issue for what Jade had said and then Poppy made a comment saying that my post was incorrect.

No more on the subject from me.

poppy123456

Yadnad said:

OK, sorry. it was a side issue for what Jade had said and then Poppy made a comment saying that my post was incorrect.

No more on the subject from me.

That was because you commented and brought the subject up.....enough said.

sunnydays

People parked in disabled bay and look like they have no disability! So they have fit a certain image? What do disabled people look like??