PIP, DLA and AA
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PIP appeal

mimmitmimmit Member Posts: 15 Listener
edited June 2019 in PIP, DLA and AA
Hi my daughter like many others it seems went for a assesment and recieved 0 points apart from her hearing aid which they could not,although in tears and shaking said showed no signs of anxiety,her PIP was stopped in December went for a mandortary consideration and finaly had a reply turning it down in April now going through appeal which it seems is going to take ages,she is getting deeper in debt trying to struggle on ESA alone but what has only just come to light is that all her questions were answered on the basis she has a car ( not mobility one ) her car is off the road and she has had to stay with a friend as she is housebound without it due to mental health,Asthma and COPD so questions such as making familiar journeys etc she is not able to do without her car but not sure if it is to late to get this across,i worry as she has felt suicidal a few times because of the situation she is in and have no ideah how much longer she has to wait for her appeal,seems like could be months yet can anyone give me any advice on this please.

Replies

  • mikehughescqmikehughescq Member Posts: 5,995 Disability Gamechanger
    Ring your local HMCTS to get an idea of the current delays local to you and then use the time wisely to obtain representation.  
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    mimmit, as Mike says you can ring your local Tribunal Service to ask them what the average wait is in your area.

    In the meantime your daughter can get advice. It's not too late to explain exactly how she meets the descriptors which you think should have been applied, but it will help to have evidence, and as Mike says if possible try to get her some representation locally (eg Citizens Advice - they may not actually be able to attend the hearing but they could help with the submission which is what we call the papers your daughter could send into the tribunal).

    If you haven't already done this, then have a look at the PIP descriptors to see what points you think she should have scored, and start to work on how you would show why she should have awarded those points (examples, evidence etc).

    You can use the PIP self-test here.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,953

    Scope community team

    Hello @mimmit, have you had any news and were you able to get in touch with the local tribunal service and get any more information or a rough guide to when it'll be? 
    Senior Community Partner
    Scope

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  • mimmitmimmit Member Posts: 15 Listener
    Not yet Adrian at the moment I am having to stay with my daughter until her car is fixed as she cannot be on her own she is practically housbound without it thank you for your help .
  • mimmitmimmit Member Posts: 15 Listener
    My daughter is still waiting for appeal but just realised something just before they refused her consideration there is a letter sent to DWP from Dr saying she is on 5 mg of a tablet and suffers from ild phsycosis that is it ? Failed to mention 100 mg of fuloxetine been on for ten years since mental breakdown or Asthma which suffered from since child hood and inhalers for this also in last month suffered really bad cough so made her go to Dr and was given medicine for hayfever few days later in hospital with asthma could hardly breathe came home and day later medics out brething again was given antibiotics prescription but failed to get it ( because mental health did not take it in ) anyhow given loads of subutamol at home and antibiotics as turned out she had chest infection  few days later back in hospital and in resus due to breathing was kept in for four days and did a xray found a shadow on her lung said go back in six weeks as think phneumonia so if not gone could be cancer anyhow cough gone and lot better so hopefully was phneumonia and cleared up the hospital told her to book a repiratory test but dr say cant as to booked up,my main reason for writing all this is i believe if thecorrectmedical history had been sent to DWP she might not have had all this stress and with asthma history should have checked more with her cough as she could have died i want to put in a complaint with the surgery and for them to send correct information to DWP as regards to medical history but not sure of the right way to go about it ? and would appreciate any help please .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'm sorry to hear that.

    PIP isn't about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors.

    Was evidence sent by your daughter to support her claim? It's not the DR surgery responsibility to send the evidence. It's also not DWP's responsibility to request it. The onus is always on the claimant to prove they qualify.

    Do be aware that the Tribunal won't be able to take into consideration any worsening of condition since the decision was made.


    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.
  • mimmitmimmit Member Posts: 15 Listener
    Hi Poppy
              Yes i understand this but The DWP requested information about her illness andmedication from the Dr she was only aware of this when recieved her copy of their evidence for the appeal it had no mention ofher asthma ,medication for this or the most important medication she takes for her mental health ,she has a blue badge as cannot walk far due to breathing problems  so without proper information the tribunal cannot assess her case correctly surely.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Then she needs to make sure that all evidence is sent to HMCTS to arrive no later than 10 days before the hearing date.
    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.
  • mimmitmimmit Member Posts: 15 Listener
    Thank you poppy i have sent a witness statement for her but think the Doctors letter needs to be ammended with correct information was asking should i just speak to receptionist or ask to see practice manager ? 
  • TobiasTobias Posts: 46 Courageous
    edited August 2019
    Hi,

    I'm sorry to hear that.

    PIP isn't about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors.

    Was evidence sent by your daughter to support her claim? It's not the DR surgery responsibility to send the evidence. It's also not DWP's responsibility to request it. The onus is always on the claimant to prove they qualify.

    Do be aware that the Tribunal won't be able to take into consideration any worsening of condition since the decision was made.


    Hi

    When you say the onus is on the claimant....Genuine question as its puzzling me:
    How can you prove any of it..if they dont look at the diagnosis? or Drs notes per say!....They only assess you for 30+mins...its really just our words...

    Thats why ive always leaned towards the diagnosis as supporting evidence.,..Yes....2 people can have neck stenosis and have differing severity's of symptoms...but youre just putting the assessors in the ball park of the diagnosis...

    What im struggling to explain is...how would they EVER know that i have to walk at a snails pace consistently ? or how im laid up on the sofa a majority of the time..

    Is there any clarification  on this?..because when people receive a zero...WHAT evidence are pips basing this on?   if the person has told them otherwise,ie...cant walk, pain....etc etc......

    Hopefully youll see im genuinely trying to make a point of...How can they ever know your symptoms...its just your words...especially if they dont REGARD the diagnosis
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    edited August 2019
    @Tobias - it's an individual thing ....you have to tell them what you can and can't do ... that's why a diagnosis from you GP/consultant doesn't normally help because they are focused on diagnosis/treatment and not the functional effect.

    As an example - I've got arthritis in my hips - how many points would I score for mobility?

    Answer (hopefully) is that you don't know until I outline what difficulties I have with getting up and walking. My GPs diagnosis would tend to support this - people with arthritis tend to have problems with mobility - but the claimant has to give some specifics...


  • mimmitmimmit Member Posts: 15 Listener
    I understand what you are saying Cristobal but if for instance i say i have arthritis and they ask my Dr to confirm this and he dose,nt then it looks like i am making it up in my daughters case she has been on medication for ten years after serious mental breakdown and suffers with asthma since childhood has trouble walking distances and often ends up in hospital but when DHS wrote to her Dr ( which she had only been with six months at that time) they replied saying she just had depression with mild pshycosis and 5mg of a certain tablet nothing else bearing in mind she had sent copy of her regular prescription which contains a lot more than this but they are going to believe a Dr more than her no matter what ii say ,would you not think.,no use anyone saying i have trouble walking distances and breathing problems with no medical reason given for this ?
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    mimmit said:

     'if for instance i say i have arthritis and they ask my Dr to confirm this and he dose,nt then it looks like i am making it up ..'

    @mimmit - I think that you are correct - if you haven't been diagnosed with a condition by your doctor then it will be very difficult to go any further, although I understand that people do claim PIP with undiagnosed conditions.

    In your case does your GP/consultant give no reasons why you have trouble walking and have breathing problems?

    Surely, if he/she doesn't know the cause then tests etc will be ongoing

  • Sasha171216Sasha171216 Member Posts: 16 Listener
    mimmit, as Mike says you can ring your local Tribunal Service to ask them what the average wait is in your area.

    In the meantime your daughter can get advice. It's not too late to explain exactly how she meets the descriptors which you think should have been applied, but it will help to have evidence, and as Mike says if possible try to get her some representation locally (eg Citizens Advice - they may not actually be able to attend the hearing but they could help with the submission which is what we call the papers your daughter could send into the tribunal).

    If you haven't already done this, then have a look at the PIP descriptors to see what points you think she should have scored, and start to work on how you would show why she should have awarded those points (examples, evidence etc).

    You can use the PIP self-test here.

    Will
    Myself.my advocate and the CAB both  did the PIP self test independent of each other and both scores came out as enhanced rate for both componebts of PIP yet assessor,MR and tribunal all scored zero-
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The PIP self test is only useful if you understand all the descriptors, what they mean and the criteria. If you don't then i personally think it's very misleading.
    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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