Is it worth appealing?

debs42

Hi I have just had my pip refused she gave me no points at all even though I have degenerative disc disease weak muscle movement in my neck which causes less than 50% mobility this was all down to a cervical disc fusion which has left me with my head stuck on one side all the time 
does anyone know if it will be worth appealing or are they more concerned about movement in legs 
I have been to a pain clinic for a few years now I’m at the end of my tether
☹️

AnkyieSpon

Hi @debs42, I would definitely appeal. I'm started to think they do this deliberately because they think we won't appeal. It also worries me how consistent they are in deciding who gets awarded PIP, do the assessors have a guide to follow because why would I be awarded and then I read about someone else more severe then me doesn't?

Anyway yes.... It is worth appealing. Good luck and keep us informed.

debs42

Thanks for your support I don’t think these assessors know what some of us are really going through 
x

Ami2301

Hi @debs42 welcome to the community! 

Sorry to hear what has happened, you can read about how to appeal a DWP benefit here.

Let us know if you need any further help

debs42

Thanks it will help a lot

Pippa_Scope

Hi @debs42, and a warm welcome to the community!

I'm so sorry to hear about your experiences. Only you can decide whether or not to appeal, however many of our members have been through the process themselves and will advise where they can.

The link provided by Ami above is great, and please do feel free to come back to us with any questions. I hope today is as kind as possible to you!

Colino

I would always appeal , it takes time . but its such I nice feeling when you win 

g7iqj

Certainly  because   ATOS / CAPATAIL assesors  are not spechialist  IE ortohpedic / surgeons for example   . THEY just  medical proffestional    basic nurse/   psysho  for example  just give option  SYSTEM  just flawed  stack against you be stroung fight it . 

debs42

Thanks for all your support I am going to appeal stay strong
thanks

clarkjohnson

Good luck 

telscope

I was getting all the zeros at my PIP review & Mandatory reconsideration, all the sudden, after taking it to a tribunal, I won my case & proved the assessors were wrong turning me down. Keep trying. If at first you don't succeed, try-try again. Even if you get tuned down for your PIP keep you appeal going. 

Yadnad

telscope said:

I was getting all the zeros at my PIP review & Mandatory reconsideration, all the sudden, after taking it to a tribunal, I won my case & proved the assessors were wrong turning me down. Keep trying. If at first you don't succeed, try-try again. Even if you get tuned down for your PIP keep you appeal going. 

If it was just a 'one off' then yes it is worthwhile. However when you get re-assessments every 2 years or so and each time have to argue/prove your case it does get a bit too much. Even age is no barrier to a stream of reassessment on a regular basis. If you want PIP there is only one way you get out of the system is by dying.

clarkjohnson

Good lord strong words howabout half dead 

Yadnad

clarkjohnson said:

Good lord strong words howabout half dead 

Nope not a chance! Being half dead is like saying that you are half alive. On the balance of probabilities the DWP may well decide that you are more alive than dead which means a continuation of the assessing procedures.

clarkjohnson

Get the picture it's a sad state of affairs isn't it 

stree

Dying is a bit extreme, not tried that one yet.

Saying that, I have had ESA and PIP since late 2012 and early 2013 respectively, the little correspondence I have had with them has always been polite from their side  whereas I did get rather sniffy with them when I had repeated requests for details of all my pensions even though I am on CB ESA. Had the review date shifted to after my state pension comes in to stop it.  They  blamed the computer. I bet it`s an Atari. .

Apart from that, not a peep from them apart from annual confirmation of ongoing awards, any other communication always initiated by me and certainly no calls for further assessments.

Just stating the above to show that it is not always the case that they pester you non stop, because I am concerned  that the new initiates to this strange world of  benefit claims will be unecessarily horrified at a stage in their life when they need help and reassurance and not to be led to believe there is no hope.

 

People come here for help and hope because they are bewildered by it all, and people come here because they want to rant and rave about the injustice they have suffered, and there is always room for both, but a balance must be kept so that the overall outcome is as positive as we can make it.

poppy123456

Yadnad said:

 If you want PIP there is only one way you get out of the system is by dying.

Don't be so ridiculous! is there really any need for that? Plenty of people claim PIP without any problems at all.

Yadnad

poppy123456 said:

Yadnad said:

 If you want PIP there is only one way you get out of the system is by dying.

Don't be so ridiculous! is there really any need for that? Plenty of people claim PIP without any problems at all.

Yes there was. You have missed the point I was making.
The conversation was about continuous re-assessments no matter what age you are at. I pointed out that with these reassessments running at every 2/3 years, if you need or want to keep the award going the only way that they will stop is if you die of old age.

Meaning that even at 90 years of age you still have every chance of being reassessed.

And to make the point clearer, I will be 71 in a couple of months and I'm still fighting the bu**ers!

poppy123456

As mentioned quite sometime again by someone, if you don't ask for an ongoing award, you'll continue to get shorter ones.

Yadnad

poppy123456 said:

As mentioned quite sometime again by someone, if you don't ask for an ongoing award, you'll continue to get shorter ones.

That is a decision that is made by the DWP based on the assessors report as is the decision on what points are awarded. You can only have an ongoing award for limited reasons and one of them apart from the conditions themselves is that the claimant has been awarded Enhanced for both components.
If you want to challenge the length (which to be honest I didn't realise that you could until recently) then it will/should form part of the MR/appeal process with the claimant providing the evidence to support it as you would for the points not awarded

Asking the DWP at the review time for the length to be ongoing is about as pointless as asking for which points you should score. You can ask, but you will have to produce evidence to support that request. .

poppy123456

You always like to twist things. If you're going to ask for an ongoing award then obviously you're going to produce evidence to support that request. I did both recently, so we'll see.

Yadnad

poppy123456 said:

You always like to twist things. If you're going to ask for an ongoing award then obviously you're going to produce evidence to support that request. I did both recently, so we'll see.

Good, that is what I was suggesting should happen.

Previously on this site it was suggested by another poster that you wait until you get the decision and then, if not happy with the length of the award, would ask the DWP to show you what evidence they have used to make the short award. It seemed that the DWP would almost always back down as they don't have that evidence.

g7iqj

Yadnad said:

poppy123456 said:

Yadnad said:

 If you want PIP there is only one way you get out of the system is by dying.

Don't be so ridiculous! is there really any need for that? Plenty of people claim PIP without any problems at all.

Yes there was. You have missed the point I was making.
The conversation was about continuous re-assessments no matter what age you are at. I pointed out that with these reassessments running at every 2/3 years, if you need or want to keep the award going the only way that they will stop is if you die of old age.

Meaning that even at 90 years of age you still have every chance of being reassessed.

And to make the point clearer, I will be 71 in a couple of months and I'm still fighting the bu**ers!

g7iqj

That is the sad fact the system is flawed  1  people who do assess you ATOS/ CAPITAL . T here  just basic  medical people , nurse  , psyotherapist  etc.  YOU as claiminat  have  @ spechialist report  orphopdecic  surgeon  report   to say your condition  is on going degenrative  going get worse NOT  better with age @ yet  DWP   still base  the out come on f2f   60% unsilled person     not  40% from spechialist report .  as you say kick you bit more  keep call you back every 2-3 years despite evedeince   from surgeon  GET WORSE  NOT BETTER   .  the system FLAWED just stand  be stoung fight fairness @ justice   . some thing nasty selloading  greedy selfish    people of conservative party dont under stand .