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Appeal date recieved after a year. Drowning in paperwork and in the verge of giving up. Please help!

nikkifnikkif Member Posts: 50 Courageous
edited May 2019 in PIP, DLA and AA
After a year of feeling organised I'm now terrified of what's going to happen at appeal. I was awarded lower care component but appealed due to the fact that many facts were omitted from assessment and because my illness is very rare and not fully understood I dont feel that the ramifications and the problems it brings my life and being able to complete the activities either reliably or safely were taken into account by the nurse who assessed me. However I am  now becoming more and more fearful of tribunal and losing the award I was given and want to make sure i have all the relevant evidence and answers but i feel like I'm drowning in the paper work and going into meltdown. I'm on the verge of giving up all together. Can anyone give me an idea if what happens at appeal. Ive read all the guidelines but a real account can be so much more helpful. Can I prepare a statement so I ensure I've included everything I think relevant?? I'm so so worried. Thank you. 

Replies

  • nikkifnikkif Member Posts: 50 Courageous
    edited May 2019
    I have finally been given a date for 3 weeks time a year after appealing my pip decision. I have awarded lower care component bit many things were omitted from assessment and I dont feel my illnessnwhixh is very rare and unknown was understood by the nurse who assessed me. I am now getting more and more worried about my appeal and was wondering if anyone can advise me on what actually happens at an appeal and how it all works. I have been reading all my paper work and becoming increasingly overwhelmed by it all and am in the verge of cancelling all together. Please can you guys help me. 
  • GeraldGerald Member Posts: 214 Pioneering
    Hi nikkif yes first I had the same thing about the tribunal after about 15 months and had my appeal last week on the 17th may and won I have put a post up about this it called its tribunal day today or rocky 2 as to how my tribunal was and I have put some tips to in My Tips If You Are Going From DLA to PIP or Starting On PIP For The First Time that may help you as to the tribunal Hope this helps in some way and there is the rest of the community to who can help as well all the best.
  • mikehughescqmikehughescq Member Posts: 6,552 Disability Gamechanger
    Maybe start with https://community.scope.org.uk/discussion/56379/representation-and-tribunal-hearings#latest and get yourself a representative whilst you’re at it. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @nikkif, I really hope people are able to provide you with their experiences here. It is understandable that you are overwhelmed at this time, I hope the community can support you through this time. 
    Scope

  • harry1956harry1956 Member Posts: 11 Listener
    Hi.
    The majority of appeals are successful. Make sure you attend. Your appeal letter can be as lengthy as you need it to be. Include everything in relation to your condition and how the decision of the DWP is detrimental to it. Be honest and omit nothing and you should be successful. Also request they look at exceptional circumstances in your case.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    harry1956 said:
    Hi.
     Also request they look at exceptional circumstances in your case.
    This doesn't apply for PIP, which is what this thread is about. Exceptional circumstances are for ESA.
    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.
  • grubergruber Posts: 29 Member
    Can I just pick up on something that has been said? I've been claiming for DLA and PIP for many years. Many of my claims had to go to the Tribunal. In all of that time I have asked the CAB as well as other private welfare advice centres no one has been able to offer any help with the appeals and representation, I failed at more Tribunals than I won. Where are these representatives as I could do with one for next year when my review will end up at another Tribunal.
  • harry1956harry1956 Member Posts: 11 Listener
    The previous reply from 'gruber' seems systematic and partially in defence of the DWP. The same applies, but without the exceptional circumstances part. Simply be truthful and unomissive with your appeal letter.
  • harry1956harry1956 Member Posts: 11 Listener
    Sorry, I referred to 'gruber's comments by mistake. They were very helpful, sorry.
  • [Deleted User][Deleted User] Posts: 587 Listener
    edited May 2019
    hmmm why does gruber's post sound familiar..

    Do you have anyone helping you @nikkif ? you would probably benefit from someone advising you on what to do face to face.
  • zakbloodzakblood Member Posts: 419 Pioneering
    nikkif said:
    After a year of feeling organised I'm now terrified of what's going to happen at appeal. I was awarded lower care component but appealed due to the fact that many facts were omitted from assessment and because my illness is very rare and not fully understood I dont feel that the ramifications and the problems it brings my life and being able to complete the activities either reliably or safely were taken into account by the nurse who assessed me. However I am  now becoming more and more fearful of tribunal and losing the award I was given and want to make sure i have all the relevant evidence and answers but i feel like I'm drowning in the paper work and going into meltdown. I'm on the verge of giving up all together. Can anyone give me an idea if what happens at appeal. Ive read all the guidelines but a real account can be so much more helpful. Can I prepare a statement so I ensure I've included everything I think relevant?? I'm so so worried. Thank you. 
    tbh, get a copy of your full NHS medical notes, and sort them into order, then do the same with medical issues you have on a day to day basis then do the same with all your tablets etc, then go on to prepare your statement, most bodies can help with this, stating clearly why on the day of the event you wish to mention, what was wrong, what was left out, what wasn't asked, and what errors were or have been mentioned etc etc, take your time, and have it done well in advance, as most now take for ever and day, there is no real rush, don't stress on it, as tbh just the thought about it is stressful enough, but try and stay calm, they are the only ones who care and are for you, forget about the idiots you may have seen in the past, these aren't like it, most people will say, mine back in 2012 were perfect, not saying that because i won either, it was the fact that read the files, history and statement and mostly made there mind up the assessment was wrong even before i opened my mouth, the DWP didn't attend so didn't contest it, i would have liked them there tbh, so i could have proved they lied, on 3 points, with evidence which proved it beyond reasonable doubt, the whole system is wrong, they are right from the moment of the assessment and put all the stress and heartache onto you, hopping you give up, stay strong, try your best to manage the stress, cut your cloth to tighten your belt to survive until the day of the Tribunal, then be honest and open, listen to what they have to say and only speak when asked, they are working with you and for you and are independent on your side as health professionals    
  • nikkifnikkif Member Posts: 50 Courageous
    I have absolutely no help. I've tried cab but to bo avail they just dont have enough resources to get round to everyone round my area to help all. I've got all my medical evidence and I've tried to relate it to the descriptors that relate to me and my ability to do them. I literally cannot see the light at the end of the tunnel. My illnesses is non curable and is very surprising in the different effects it has on me every single day. I vomit up to 12 times a day 3 weeks out of 4 sometimes with fainting episodes, due to drops in blood sugar and potassium and blood pressure varying from dangerously low to dangerously high and when I'm not throwing up I'm.so exhausted from when I have I can barely have the strength to get to the bathroom let alone get washed and dressed and out of the house. I've fainted or collapsed so many times while on a rare shop or very regular medical appointment I'm terrified to leave the front door the very thought of my appeal is sending me into a mental breakdown but thank you all for taking the time to respond. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @nikkif I can see why you would find this daunting and difficult to manage, it's a lot on top of everything else you are managing. It can be hard to know what to put when you have a condition that can vary so much,  but you are doing great and the community is here to support you.
    Scope

  • zakbloodzakblood Member Posts: 419 Pioneering
    tbh with the amount of information you have typed, i feel for you, but everyone in the charity sides are snowed under with such a high work load atm with so many failed cases to deal with, i was offered advice and help but turned it down, as tbh done the Tribunal before and felt that while i can do some stuff on my own, i will, i have supportive friends and family and mates in the same boat, so we swap stories and help either other, same as on here, information is power, time is good, but also stress is a killer, so while waiting for up to a year or more in some area's, some are left on there own, but online help, tips and bits of information online helped me, and if i can help someone else the same as others helped me, then it's all well and good imo, sharing is caring as long as it's helpful and up to date info.

    so good luck, there is light at the end of the tunnel, it's just a long journey which some of us have to travel on mostly on our own, but others are on the same tracks / and path, unloved and unwanted by the DWP lack of respect or care, but we do it, to prove a point, they are wrong, and we alive are still strong, if only in mind and maybe not in body,...
  • mikehughescqmikehughescq Member Posts: 6,552 Disability Gamechanger
    Have a look at https://advicelocal.uk/ re: getting representation. Alternatively, have a look at https://community.scope.org.uk/discussion/56379/representation-and-tribunal-hearings#latest.

    As you are already drowning in paperwork I could not recommend the approach suggested by @zakblood as this will likely double the amount of paperwork in your appeal bundle and potentially make it harder for a tribunal to drill down to the fundamental issues in your case and for you to follow what’s going on. As they also observe, their tribunal had made their mind up the assessment was wrong before they opened their mouth, which wholly contradicts the idea of having to rip it apart yourself and emphasises a very important couple of points. That in the case of most tribunals 

    a) you’re kicking at an open door as regards the quality of the assessment - you don’t  need to pull it apart line by line. Indeed you'll have a very fed up tribunal if you do.

    b) pulling the report apart will not get you PIP. One does not lead to the other. You need to identify the points you ought to score; explain why; give two examples per points scoring activity and so on. That’s what will get you PIP.

    Extra medical evidence is generally about diagnosis, symptoms, prognosis and treatment. These things are rarely in dispute. What’s usually on dispute are the consequences of your condition.You’ve already said yourself that you feel this didn’t get recorded properly. That’s the argument you now need to put in. Which points? For what? Why? Examples. 
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