Is it worth appealing? — Scope | Disability forum
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Is it worth appealing?

debs42
debs42 Member Posts: 14 Listener
edited January 2019 in PIP, DLA, and AA
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
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Comments

  • AnkyieSpon
    AnkyieSpon Member Posts: 138 Pioneering
    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.
    Tina 
    (Ankyie Spon)
    I'm a Pain Warrior
  • debs42
    debs42 Member Posts: 14 Listener
    Thanks for your support I don’t think these assessors know what some of us are really going through 
    x
  • Ami2301
    Ami2301 Member, Community Co-Production Group Posts: 7,945 Disability Gamechanger
    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 :)
    Disability Gamechanger - 2019
  • debs42
    debs42 Member Posts: 14 Listener
    Thanks it will help a lot
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    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
    Colino Member Posts: 19 Listener
    I would always appeal , it takes time . but its such I nice feeling when you win 
  • g7iqj
    g7iqj Member Posts: 33 Connected
    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
    debs42 Member Posts: 14 Listener
    Thanks for all your support I am going to appeal stay strong
    thanks
  • clarkjohnson
    clarkjohnson Member Posts: 210 Pioneering
  • telscope
    telscope Member Posts: 37 Connected
    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
    Yadnad Posts: 2,856 Connected
    edited January 2019
    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
    clarkjohnson Member Posts: 210 Pioneering
    Good lord strong words howabout half dead 
  • Yadnad
    Yadnad Posts: 2,856 Connected
    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
    clarkjohnson Member Posts: 210 Pioneering
    Get the picture it's a sad state of affairs isn't it 
  • stree
    stree Member Posts: 41 Courageous
    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
    poppy123456 Member Posts: 31,451 Disability Gamechanger
    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
    Yadnad Posts: 2,856 Connected
    edited January 2019
    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
    poppy123456 Member Posts: 31,451 Disability Gamechanger
    As mentioned quite sometime again by someone, if you don't ask for an ongoing award, you'll continue to get shorter ones.
  • Yadnad
    Yadnad Posts: 2,856 Connected
    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
    poppy123456 Member Posts: 31,451 Disability Gamechanger
    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.

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