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Hi, my pip claim is tedious

missv89missv89 Member Posts: 2 Listener
Hi. I wondered if I could get some advice please. I originally claimed PIP in December 2014 and eventually was awarded Enhanced Daily Living in June 2015. In 2018 I had no change to the way my disability affected me, yet I was sent for a medical assessment anyway. Despite my previous award, my medical evidence to back up my claim and the tribunal award being the same at the time I was suddenly down to 0 points. 
I did the reconsideration and suprise, surprise no success. I appealed at the tribunal but again it was refused. I later got the decision set aside by the upper tribunal due to an error in law and there being no reason why the original decision was cancelled out. However when the first tier tribunal looked again at the decision it was not independent. Since that the upper tribunal have granted my appeal and the secretary of state also supports my appeal. They have even suggested I could have been entitled to mobility following an upper tribunal decision in October 2016.
The fight for pip left me fighting to afford to work. I cannot use public transport  (due to illness) and could no longer afford my car so I had to finish work in October last year. I have never been out of work but now I am.
In addition to this on 12th December 2019 I attended an assessment and was awarded LCWRA. When I read the medical report it basically mirrors the Pip award in 2015. The first tier tribunal first dismissed my appeal in November 2018 and I feel I am just waiting and waiting. If the secretary of state, me the claimant and the upper tribunal judge all support my appeal and Capita are the only reason I'm not getting PIP why do I still have to wait for the decision?
I went from getting extra working tax credits due to severe disability, extra help with my rent and council tax and the enhanced rate of PIP to nothing. 
My life has been turned upside down, I have jumped through multiple hoops and my health is being affected massively. Is there anyway I can request an urgent hearing with the upper tribunal? Or am I stuck waiting for weeks / months? 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    I'm one of the community champions here on scope and i'm here to help and advise others.

    That's quite a story you have there and i'm sure it's extremely stressful for you. As the Upper Tribunal set the decision aside, did you have another hearing with the first Tier Tribunal, sorry but this isn't clear? If that hearing took place then what was the decision please?

    Your other question regarding the changes to following and planning a journey that happened in November 2016 confuses me too because your first award decision was made before the changes took place. This will also be for a completely different claim.

    May i also point out that even though you were given LCWRA they are different benefits, with totally different criteria and one doesn't affect the other.

    Your PIP decision now has nothing to do with capita.

    To be completely honest, this is far too complicated for an internet forum because no one can see any of your paper work and no one knows anything about your case. Are you receiving any expert help with this?
    Community champion and 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.
  • missv89missv89 Member Posts: 2 Listener
    Thank you for responding. 

    No I tried to get help but nobody has capacity to help with this complex appeal.

    In response my decision from the upper tribunal was that my appeal has been granted. They requested a response from the secretary of state, which is when they supported my request for an appeal and also included this other case saying supported my claim if I wish the judge to use it when making a decision. 

    The first time the upper tribunal set my decision aside the first tier tribunal did not make an independent decision. They referred to the previous decision so it showed the decision was not impartial. That is why the upper tribunal are seeing to my appeal and not sending it back to the first tier again.

    I did put on the letter to the upper tribunal that I understand that it's a different benefit but I felt the wording fit into the descriptors for the pip criteria and it shows my condition is the same now as it was back when the original claim was awarded.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm afraid despite my extensive benefit knowledge i must admit this is far beyond my knowledge and without seeing paper work or knowing anything about your case its really not possible to give you any advice regarding this.

    All i can say really is i hope you're not waiting too long but there's really no time scales and all you can do is wait. I do wish you good luck though and hopefully you'll receive a decision that's right for you.
    Community champion and 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.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    edited January 2020
    Hello @missv89   Pleased to meet you.

    Thank you for joining and sharing.

    I am one of the team of Community Champions.

    Please can I ask you mentioned no one has the capacity to help you in your claim.

    Please if you have a illness or disability or a condition there might be an organisation to help you.

    Mental health for example has charities often with in house support and advisors.

    There are many charities the same.

    This one might be useful.

    https://www.turn2us.org.uk.

    Deals with benefit situations and problems.

    As would CAB your local office should be supporting you.

    Mentioned used to work do know if you have Union Representation often a source of information, guidance and advice.

    Please if I can help please contact me, to see how  we can advise you in this situation.

    See if there is any organisations that can support you.

    My friend @poppy123456 has given you a lot of guidance and advice.

    Please take care.

    @thespiceman


    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @thespiceman thanks my friend.

    I think the issue here, with getting the advice from agencies is the complexity of the case itself because it's now with the Upper Tier Tribunal so it's not straight forward.
    Community champion and 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.
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    Not sure I’m seeing the complexity. Why do we think it’s complex?
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