PIP, DLA and AA
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Worried I can't cope with an appeal

Bevers1959Bevers1959 Member Posts: 56 Connected
edited February 2019 in PIP, DLA and AA
Hi ope u can help i have border line bi polar ,and suffer from ptsd through childhood abuse ,i ad pip assessment and had all my benefits stopped, i work 24hrs a wk ,i asked for mr and sent evidence from doc and phycologist , explaining my condition and that my work was helping me as i would otherwise be isolated, i have been advised to appeal, and also lodge a complaint about  the assesor as all she asked was do i drive ,did u have one meal a day and how many hrs i worked ,i am worried about appealing as the stress it will cause ope someone can advise and help

Replies

  • Bevers1959Bevers1959 Member Posts: 56 Connected
    Sorry 4got my mr and was refused again
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Bevers1959, I'm truly sorry to hear about your experiences.

    If you're struggling and worried about appealing, it might be worth having a look at the Advicelocal website to see if there are any organisations near you who could possibly help. 
  • Bevers1959Bevers1959 Member Posts: 56 Connected
    Would cab b able to help thanks
  • mossycowmossycow Member Posts: 495 Pioneering
    Hi there, 

    It's so hard coping with all this benefits **** on top of coping with what you need the benefits for in the first place! 

    So frustrating having to appeal, so sorry it's a nightmare. But more appeals are won than lost and you are not alone xx

    I know it doesn't feel like it sometimes but there is support out there. Have you made contact with any charities?

    Scope have really helped us sort benefits out... And even yesterday our Universal Credit payments ACTUALLY went into our bank account.

    Or age UK are great at supporting people over 50 (worth calling even if you are younger) 

    Mind the mental health charity are good. 

    If you can get help... And if you can't come back on here and us lot could find phone numbers or links etc to help. 

    But most of all, there is hope. There are so many bad news stories about benefits and they have to be told... But they create so much fear and anxiety. 

    It is possible to fight the benefits system and win. We are getting the help we need right now and I was in your (if you know what I mean) position about 3 years ago. It's been on the up since. 

    Sounds like the assessor was dodgy... Have you written down everything you can remember about the assessment? Might help. 


    Keep us updated xxx

    "I'm trying to live like a random poem I read that ended 'to bloom where we are planted"

  • Bevers1959Bevers1959 Member Posts: 56 Connected
    Yes av wrote it all down my neice has just informed she made me appointment, with cab wil keep u updated and thank you
  • DebbieNDebbieN Member Posts: 11 Listener
    I am the same awaiting an appeal feel so judged Ian mentally and physically disabled which is hard to cope with as it is. I have so much evedence to support these issues who are so supportive and the care I receive is so understanding.Yet they ask for more information pIP.
    It takes time and money for the health professionals who are already over worked. The accessors ive seen don't seem to care about how stressful this is. One accessor told me she was going to terminate the interview as I asked for a supportive chair then one at the appeal asked why wouldn't I go through with an operation that only had a 14percent success the 86perc I would be paralysed.. I never asked to be this way I worked 3 jobs until I was struck down by these disabilities.My husband takes care of these letters I find it overwhelming and sink into a dark place...I'm glad I have found scope it will give me hope.thank you. I can see others stressing about this judgemental application to appeals.

  • jarvo40jarvo40 Member Posts: 32 Connected
    Reply to debbieN..I recently had my appeal last month.i was fortunate to be in a position to hire a solicitor to do all my case work and to accompany me to the hearing.. my point being it’s amazing what you find out how the dwp works..my solicitor has 18 years of representation with and without legal aid..the day came for the hearing and 4 hours before hand my solicitor called to say no need to attend as court said medical records were enough.. would that happen without legal representation?? I guess I had no more or less evidence than anyone else also not much more than for my (mr) what I got was a man who ripped the medical assessment to shreds false assumptions lies and zero points even though I was in support group with both elements of pip.. the dwp prey on the vulnerability of ill people the poor and the lonely..but never give up with people like poppy here the cab you can fight this and the only place you get a fair hearing is at tribunal even the process is slow it’s fair..my advice is if you can get the money together take legal advice if not so many here to give help and support..well done scope😉
  • mossycowmossycow Member Posts: 495 Pioneering
    Hey @jarvo40, that's great about your appeal!

    @Bevers1959 thats great you have an appointment!

    Yeah like I siad, some good support makes such a difference. Even if is just us lot on here reassuring us. 

    Because you are right @debbien, we have none of us asked for this situation. I suspect most if not all of us would be rather out working and earning our living. Our lives  ow are about surviving each day, dealing with pain, disibility and mental health problems which is much harder work!

    It does sound @debbbien like your situation is complicated, with lots of evidenve and issues. That will take time initially but once you are on PIP you can leave benefits for a while and get some life back.

    We had PIP decision last year and ESA and Universal Credit back this week and its becoming sorted. Its taken some real stress to get it sorted but I guess I just wa red to say that it will be worth it. 

    Mean while dotry and put it to the back of your mind. Easier said than done I know but, do you have any hobbies or stuff sin your spare time you enjoy? 

    "I'm trying to live like a random poem I read that ended 'to bloom where we are planted"

  • Bevers1959Bevers1959 Member Posts: 56 Connected
    No hobbies cant mix with people ,am nervous wreck not sleeping ,hardly eating , av £5 left out of wages per month n borrowing off family but cant keep doing that  on hope it soon gets sorted
  • YadnadYadnad Posts: 2,856 Member
    jarvo40 said:
    Reply to debbieN..I recently had my appeal last month.i was fortunate to be in a position to hire a solicitor to do all my case work and to accompany me to the hearing.. my point being it’s amazing what you find out how the dwp works..my solicitor has 18 years of representation with and without legal aid..the day came for the hearing and 4 hours before hand my solicitor called to say no need to attend as court said medical records were enough.. would that happen without legal representation?? I guess I had no more or less evidence than anyone else also not much more than for my (mr) what I got was a man who ripped the medical assessment to shreds false assumptions lies and zero points even though I was in support group with both elements of pip.. the dwp prey on the vulnerability of ill people the poor and the lonely..but never give up with people like poppy here the cab you can fight this and the only place you get a fair hearing is at tribunal even the process is slow it’s fair..my advice is if you can get the money together take legal advice if not so many here to give help and support..well done scope😉
    To answer one part of your post - there is currently a 71% chance of winning at a Tribunal provided that you have professional support and representation. The chances of winning fall to under 50% if you go through with it without representation - so yes you make good point.

    I once had a free rep (solicitor & professor of law) from the local university law school  take my case to a Tribunal which was in respect of the level of Council Tax Benefit that should have been allowed.
    It was a fantastic 2 hours in court - I never uttered a word leaving it up to my rep to do all of the arguing. He tied both the woman Judge and the rep for the Council up in knots. It ended up with the Judge reaching for her law books and by the end the table looked like a library. I won (how and why I have no idea) and saved over £3000 in Council Tax payments over a 3 year period.

    So yes professional and experienced reps are worth their weight in gold. 
  • Gary01522Gary01522 Member Posts: 24 Connected
    each  Letter of all  the results  reads like a nightmare. or mirror image of mine and sadly I suspect lots of our hearings.     My own that does not matter we are not interested in those Drs reports ect
        How do they get away with that behaviour. or are they enforced encouraged to squeeze the last penny of us. regardless of the evidence or truth.
       In a fair world lots would be demoted sacked or retrained. with their past results rechecked.  well thats dreaming again no chance. one law for the rich do not pay tax. but make sure we are kept under the cosh
  • YadnadYadnad Posts: 2,856 Member
    Gary01522 said:
    each  Letter of all  the results  reads like a nightmare. or mirror image of mine and sadly I suspect lots of our hearings.     My own that does not matter we are not interested in those Drs reports ect
        How do they get away with that behaviour. or are they enforced encouraged to squeeze the last penny of us. regardless of the evidence or truth.
       In a fair world lots would be demoted sacked or retrained. with their past results rechecked.  well thats dreaming again no chance. one law for the rich do not pay tax. but make sure we are kept under the cosh
    I have said many times that if you have the money to buy professional assistance then you will always get a better deal than if you are poor and on benefits.
  • DebbieNDebbieN Member Posts: 11 Listener
    Thank you for the advice itsi very helpful thank you for taking the time to read this. I am glad I have found this support.
  • jarvo40jarvo40 Member Posts: 32 Connected
    Thx mossycow and yadnad for your kind words of support.we can all see why this government took away legal aid for the working class the disabled and the vulnerable people in society..my cost for legal representation was two thirds of my backpay but I would do it again every time just to have the satisfaction that they could not just say what they wanted in law and I could not fight back for lack of knowledge..I wish everyone going through these appeals well and I’m alread saving for another lawyer because sometime in the future the stats say I’m going to score zero points once again..🙈
  • djbantiquesdjbantiques Member Posts: 43 Connected
    Money talks.
    That's why the most successful wrongdoers out there all live in mansions and high class postcode areas.
  • YadnadYadnad Posts: 2,856 Member
    jarvo40 said:
    Thx mossycow and yadnad for your kind words of support.we can all see why this government took away legal aid for the working class the disabled and the vulnerable people in society..my cost for legal representation was two thirds of my backpay but I would do it again every time just to have the satisfaction that they could not just say what they wanted in law and I could not fight back for lack of knowledge..I wish everyone going through these appeals well and I’m alread saving for another lawyer because sometime in the future the stats say I’m going to score zero points once again..🙈
    Do you honestly believe that that was the reason why legal aid was removed from certain aspects of the advice and representation sector?
    If you do have a read of this  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/375631/legal-aid-reform-faq.pdf
  • YadnadYadnad Posts: 2,856 Member
    edited February 2019
    Money talks.
    That's why the most successful wrongdoers out there all live in mansions and high class postcode areas.
    Have you only just realised that?

    It's been the case since Harold managed to get his eye shot out at the Battle of Hastings in 1066AD. Anybody and everybody that backed William were given huge tracts of valuable land in return for their help in getting hold of the English Crown.

    Money and power is the only way to succeed - you only have to look at Russia today and see how many ordinary Russians managed to become so wealthy.



  • MatthewD1985MatthewD1985 Member Posts: 31 Connected
    Hi Bevers1959, I also suffer from bipolar as well as anxiety. At my PIP assessment I tried to get across as best I could that there were long periods of time where I would be incapable of doing things such even face opening the mail or answering the phone - but then also long periods where I would capable of doing these things but incapable of doing other things due to poor judgement ability during manic episodes - its difficult to pass with mental illness as its harder to quantify what you can and cannot do. Try and explain that at the appeal and I'm sure you'll be fine.
  • Bevers1959Bevers1959 Member Posts: 56 Connected
  • DebbieNDebbieN Member Posts: 11 Listener
    Can anyone recommend a support for tribunal exept for solicitors. I really appreciate any help I feel I shouldn't have to go as far as asking any organisation as they are busy too but I'm scared if they can't or should I say won't take on board what the health professionals say it's simply isn't  right.🤔
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    DebbieN said:
    Can anyone recommend a support for tribunal exept for solicitors. I really appreciate any help I feel I shouldn't have to go as far as asking any organisation as they are busy too but I'm scared if they can't or should I say won't take on board what the health professionals say it's simply isn't  right.🤔
    Try this link to see if there's any advice centre near you. Welfare rights or a law centre represent people but CAB very rarely do.

    Even with representation you'll still need to speak for yourself during the hearing. The Tribunal will want to hear from you in your own words how your conditions affect you.

    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.
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