Waiting for court appeal date for PIP

lulu1949

hi, I am waiting for a court date and it seems to be taking ages. Rather nervous as I thought when my son had his assessment it would be obvious that he needed mobility allowance. He is in terrific pain when walking just a few steps, had operations galore into the teens since 2003 has to use a crutch constantly to walk. DWP have assessed he can walk between 50 and 200 metres .His dad drives him around for his job which involves doing ground floor boiler surveys of domestic houses. His need is an allowance for a mobility vehicle to allow him to drive himself. His dad is seventy one years old and not in good health. His left leg is constant pain but it is now affecting his right leg because of the pressure he is putting on it so an automatic car is not sufficient ,he needs paddles on the steering wheel, he wants to be independent but I am as his Appointee finding this process draining , it’s as if no one believes him. The assessment was full of lies, she did not even look at him , just typed . I might add that he has never ever been out of work or claimed off the state  for anything .

janer1967

Hello @lulu1949 Welcome to the community, I am a community Champion. I am sorry to hear about your son's difficulties. Waiting times for tribunals can be very long sometimes in excess of over a year the only thing you can do is contact the court service to get an idea of how long the wait is currently or just ait it out and wait for a date. I hope when it goes to tribunal your son is successful in his award . Keep us updated on progress  

lulu1949

Thanks so thank you so much for answering. I was told that if the appeal is unsuccessful you can apply and go through the process again is that correct? My son is due another operation next wee, think this will be about 16 th operation, this is to try a pain block, they said if it doesn’t work the only other option is continue with the constant pain or amputation which is breaking my heart, 

janer1967

Yes you can re apply but if you use the same evidence it is likely to have same outcome. The tribunal will also only look at your sins condition at the time he applied and will not take worsening condition into account. I understand your and his concerns I am an amputee myself having had several years of infection and while it is life changing it's the best decision made by medical team I may have lost my leg but got my general well being back. 
Anything else I can help with just ask 

lulu1949

Thank so much for your reply, will take your comments on board, keep well. Regards Ursula

poppy123456

HI,

Needing a car for work purposes isn't going to help a PIP claim unfortunately. Although people do work and claim PIP, if the work you do contradicts the reasons why you're claiming PIP then it can go against you.

You need to concentrate on where and why he should have scored those points and add a couple of real life examples of what happened the last time he attempted that activity for each descriptor that applies to him. Concentrating on the lies/contradictions in the report will not get a PIP award because you can't prove what did or didn't happen.

Waiting times for hearings are long in most areas and some are waiting a year for a hearing date. You can ring HMCTS to ask what the waiting times are for your area but it's just a guide. Good luck.

lulu1949

Thanks for that, I thought that because he could just claim unemployment benefit and forget going to work that it would help as proof of his commitment to be personally independent which is what pip means. Yes there are examples, cancelling trips out because of the embarrassment of being picked up. The deep depression he has gone into and tablets he has started taking for this. The fact that we have to take him to pick his daughter up Every two weeks as she lives 100 miles a way and he wouldn’t see her if we didn’t take him. Does this count ? Sorry about all the questions I am not used to doing things like this. 

poppy123456

It will depend on the reasons why he can't go and collect his daughter alone. If it's because he can't drive that far then no.

Even if he didn't work that still isn't going to help a PIP claim because that's not what it's about. PIP isn't about your ability not to be able to work.

lulu1949

Oh, I am so confused with all this. So are you saying to me the fact that he can’t walk more than a few steps without constant pain this does not entitle him to pip. He has to use a crutch,  I thought that if this was the case it awarded him more points and the points decreased if you can walk 20 to 50 metres which he obviously can’t. 

poppy123456

No, that's not what i said but you said that he's unable to drive and needs a car for work purposes and i said that's not going to help his PIP claim.

lulu1949

Oh I oh I see so really they are looking at his condition , so how do they say in their opinion he can walk 20 to 50 metres?they haven’t tried to access this . Sorry it’s this that is confusing Even though his specialist has written a letter confirming the pain that he is in. It’s like they don’t believe you. Think that all this stress it is causing it’s not really worth pursuing when they don’t believe you and my son is getting further depressed .

MobileGames

@lulu1949 Please don't give up. I've been waiting nearly 9 and a half months for a hearing. It's about whether  the activities can be done in a reasonable time,repeatedly and reliably and what happened the last time the activities were attempted. If an activity can be done only half the time,state why and how it affects your son. Is the car adapted? State your reasons why and what would happen if it wasn't. State why you have to drive  your son to see his daughter and what would happen if you didn't,give examples. Would he have to have breaks? Would he get anxious being alone in the car? Does he find the journey draining and needs you to drive in order to support him. Does he get anxious amongst traffic and stressed when attempting to travel? These things might be worth mentioning at the tribunal because your son can't undertake an unfamiliar and long journey without being driven there due to psychological distress. How is his mixing with people? Does he find it overwhelming? Do you have any examples of why it is overwhelming? Does he have to take rests in between getting to the car? Is the car parked close by? What happens if it isn't? Does he end up in excruciating pain and having to rest afterwards? Does he bathe frequently? Does he need assistance and why? What would happen if he didn't have assistance and tried it by himself? Does it take him time to get dressed and why? What happens? Does he lack motivation to prepare meals? Does he get anxious doing it? Does he have to take a break because of pain? So that's preparing a meal,getting dressed,getting around,planning and following the route of an unfamiliar journey,mixing with people. I don't know if this is of any help,but when you get your hearing,try to concentrate on why and how your sons conditions affect him. 

Chloe_Scope

Hi @lulu1949, we appreciate that this is a complicated process that can be hard to navigate. If you anymore information or anything clarifying then please do let us know.

lulu1949

@mobile games, thanks so much for all that formation, I find that really useful, I understand what you are saying. I haven’t clarified in my paperwork the effects on him when he does things or the length of time it takes along with putting a type of zimmer frame with a seat on it in the car incase we park too far from where we need to go so he can rest. My son is so proud when he reluctantly filled the original form in he did not identify all his problems, I think because he was so embarrassed. I did not say anything to him after I read it because I thought on his assessment the real him would be identified. Unfortunately the assessment was terrible and not reported correctly. If the assessor had asked questions in the way you have written things down we might not be looking at a tribunal now. I am my son’s Appointee which is something I felt I had to do after seeing what happened at the assessment. My son is not happy that I am going to speak for him but he is in denial most of the time and feels it’s not manly to admit to his disabilities which of course is very sad. He has never claimed any benefits, has been living in his own house but recently moved in with us since I had an accident in November and his Dad has to help both of us because I had to have a replacement hip. I am on the mend now but desperately want to see him have his own independence . I suppose it’s my age, I’m 71 , and very “old school” in the fact that when you tell the truth it’s hard to accept that you feel you are unbelieved.

lulu1949

@ Chloe Scope, thanks so much. I really am finding it draining. I rang yesterday to see how long it would take for the tribunal, they said up-to 59 weeks. I have just been reading mobile games script he has just sent me which I find very easy to understand now. Is it worth me sending a letter to the court office explaining things more fully on the way doing tasks is affecting my son.OR shall I wait till I get to the hearing and be more prepared than the paperwork I have already sent in which in hindsight isn’t probably a true reflection of how my son is coping.

Chloe_Scope

No problem at all @lulu1949, it can be such a draining thing, it sounds like you are doing great though! 

I would probably wait until the hearing as an email probably wouldn't be looked into. But you can send another letter if you feel you didn't fully explain things the first time around.

Many of our members have been through the process so you have good company in us.

lulu1949

@Chloe Scope, no I wasn’t going to email I was going to post a letter. Bu5 you think wait till hearing yes?

poppy123456

If you haven't already done the submission then i'd advise you to do that. For this you should put where you think he should have scored those points and your reasons why. Then add a couple of real life examples of what happened the last time he attempted that activity for each descriptor that applies to him.

lulu1949

@poppy123456 have already sent the submission in ?wish I had done that 

poppy123456

There's nothing stopping you sending in more information an add the real life examples to it, if you didn't do this.

MobileGames

@lulu1949. That's okay. I do agree with Poppy about sending in more information. It's better than sending in extra information at the last minute,which may make the wait for a hearing even longer. I sent in extra information and a letter of representation from a CAB.  Poppy gives good advice. I forgot to say,it's whether your son can carry out the descriptors safely as well as in a reasonable time frame and repeatedly.