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PIP Tribunal Failure- what's next?

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CJDRobinson
CJDRobinson Community member Posts: 7 Listener
edited May 2019 in PIP, DLA, and AA
Hello there. I am looking for help and advice regarding trying to claim benefits. I'm off sick due to mental illness and lipedema, the DWP have refused to give me PIP because I don't look ill despite giving them my medical evidence and going through a tribunal a year later, they won't give me universal credit because of my boyfriend's income.

I wondered what I need to do to get them to listen to me and take my illnesses seriously. I am planning on suing them for discrimination but wanted some advice from here first. Citizens Advice said I should reapply but the mere thought of it is too mentally daunting. I know the DWP are discriminating against me for being mentally ill because they are ignoring evidence from my GP that proves how difficult it is for me to live and do anything. Please. Any help is appreciated.

Comments

  • CJDRobinson
    CJDRobinson Community member Posts: 7 Listener
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    Hello there, I've had problems trying to get The DWP to understand how difficult it is to go through life with mental illnesses and lipedema. I first applied for PIP in May 2018, failed the assessment and the assessor actually lied about what I had said, the MR came back as a failure and the DWP scored me 0 on everything despite hard evidence from my GP that I cannot work and have extreme difficulty doing most things...there are days when I'm bed bound. After my boyfriend sent letter and evidence to the tribunal service we had the tribunal on May 1st this year but even that failed, all they did was change my daily living score from 0 to 4. I am aware that I can only appeal if I find a error of law, but I'm convinced they are discriminating against me. Is there anything more I can do? 
  • cristobal
    cristobal Community member Posts: 984 Disability Gamechanger
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    @cjdrobinson - there was some discussion on this a couple of months ago. 

    I think, although there was some disagreement, the consensus was that you wouldn't be able to make a discrimination claim because you would have to show that you were treated differently to other claimants (who are all ill to some degree otherwise they wouldn't be claiming PIP)


  • poppy123456
    poppy123456 Community member Posts: 57,193 Disability Gamechanger
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    Hi,

    It maybe very difficult to prove any discrimination took place. PIP isn't about the illness or diagnosis, it's how that condition affects your ability to carry out daily activity based on the PIP descriptors. You can have a disability, whether it's physical or mental and still not qualify for PIP. If you don't fit the descriptors, you won't score the points for an award.

    Also PIP isn't about not being able to work, people claim PIP and work.

    You can of course request the statement of reasons and record of proceedings and then find someone to take a look to see if there was an error in law made. You have 1 month from the date of the decision to request this.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • CJDRobinson
    CJDRobinson Community member Posts: 7 Listener
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    npoppy123456 said:
    Hi,

    It maybe very difficult to prove any discrimination took place. PIP isn't about the illness or diagnosis, it's how that condition affects your ability to carry out daily activity based on the PIP descriptors. You can have a disability, whether it's physical or mental and still not qualify for PIP. If you don't fit the descriptors, you won't score the points for an award.

    Also PIP isn't about not being able to work, people claim PIP and work.

    You can of course request the statement of reasons and record of proceedings and then find someone to take a look to see if there was an error in law made. You have 1 month from the date of the decision to request this.
    Thank you for your help.
  • twonker
    twonker Posts: 617 Pioneering
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    ilovecats said:
    Suing them won’t work. A high majority of successful applicants are awarded based on mental illness so trying to prove discrimination is most likely futile 
    This is factually incorrect. See https://www.rightsnet.org.uk/welfare-rights/news/item/mental-health-claimants-2.4-times-as-likely-to-lose-their-benefit-on-transf for starters. 
    I would imagine that very few if any are members of Rightsnet and able to see anything other than the Discussion Forum.
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