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PIP appeal @ tribunal..........I WON

CJ61 Member Posts: 70 Courageous
Hello everybody. My PIP daily living allowance was stopped April  last year despite me being more unwell. I won at Tribunal hearing. I was expecting to have to attend but got a surprise letter 2wks ago stating  my appeal was considered urgent and it was not deemed necessary or fair for me to attend. I was so relieved I cried. I have 2 questions that I hope somebody can help me with. The first is, when my DLA was stopped my EESA was also drastically reduced. My income actually halved. Will I get back payment of the EESA as well as my backdated PIPS?
The second question is....
During the past year I have become physically unwell. I have been diagnosed with Benign Parochial Positional Vertigo and also Fibromyalgia. The Fibromyalgia diagnosis was in January. I had been suffering for the best part of a yr before the Consultant diagnosed me. My fault as couldn't face hospital.  Since  diagnosis I have continued to decline at such a fast rate I'm actually rather frightened as to what the future holds for me. On bad days I can't stand for long periods of time or walk about for very long. I tend to lean forward almost stooping as stretching to upright hurts too much. I sometimes shuffle up the stairs on my bum coz my hips are too painful. I'm right handed but resort to my left hand as using my right arm from elbow to fingertips cause me excruciating pain and it refuses to cooperate. Gripping just doesn't happen. Can't even brush my teeth some days as can't grasp toothbrush and move my arm in the appropriate way.
Should I be informing the DWP and if I do what's likely to happen? Rather afraid the whole process will start all over again and I suspect coz I won appeal they will make things as difficult as possible for me.

Long post......sorry bout that. 


  • janer1967
    janer1967 Member Posts: 15,124 Disability Gamechanger
    HI @CJ61 First of all congratulations on the tribunal win and thanks for sharing with us.

    I am not an expert on ESA and cannot advise about if you are due back pay maybe another member can help

    With regards to your worsening condition you can report this as a change in circumstances but this will trigger a new review and assessment and a new decision which could result in a loss of the award you already have in place. The new assessment as a result will activate a new decision however this could also result in a higher award.

    The risk is up to you. I would have a good luck at your report and see if you think you would score any more points against the descriptors than you currently have before you proceed.

    Also seek expert advice   
  • Lou67
    Lou67 Member Posts: 993 Pioneering
    [email protected] Grest to hear you eventually won your appeal,so sorry to hear about your health I’m not sure what you should do there sorry, but as far as your ESA goes you should definitely get that back dated, I did a cpl year back after an appeal, you should give them a phone good luck with with everything. 
  • CJ61
    CJ61 Member Posts: 70 Courageous
    Thank you both for the reply.
     @janer1967 Im definitely far less mobile and less able to do things like shop, housework, cut the grass, even getting dressed hurts. I have to sit down to get my leggings or jammie bottoms on!! I feel like Ive aged 30yrs in a year!! Previously my PIP was awarded on mental health issues and as severe as the anxiety and PTSD etc were/are I was physically able bodied apart from extreme fatigue. Having said that I simply cant face going through another assessment or risk having my newly reinstated award taken away. I got so very close to ending it all a few too many times.

    @Lou67 I didn't make myself very clear. I have continued to receive basic EESA with a small loading for disability but a big chunk of the disability loading was stopped when the daily living PIP was stopped. Approx £50 a week so together with losing my PIPS I was approx. £400 a month worse off. Ive barely coped. 
    Now I have basic PIPS back I will at least be able to pay bills on time and maybe consider an occasional cleaner when the housework really gets on top of me due to the Fibromyalgia. 

    Ive looked into Fybromyalia and it seems there is no cure so my future really is rather bleak. Ive also read it can be triggered by a shock or extreme stress. Strangely it started to show itself when my reassessment debacle began in Nov 2018. A coincidence??? I think not!

    I lay the blame for it at the feet of the DWP. 

  • Lou67
    Lou67 Member Posts: 993 Pioneering
    [email protected] Yes I still think you’ll get back the amount you lost, sorry if I’m reading this wrong. I first applied for pip in February 2017 I was refused took it all the way to appeal it took till August 2018 before appeal which I won, then it ran out Feb this year I only got 6 points for DL so lost that and my disability premium from my ESA like you sd £400 a month ☹️I was awarded standard mobility so currently receiving £94 a month waiting on word from my MR but I’m prepared for long rd to appeal again. Sorry Iv went on a bit. I hope you can get yours sorted out as I believe your due it. 
  • CJ61
    CJ61 Member Posts: 70 Courageous
    That is EXACTLY what happened to me. My PIP daily living was stopped but they awarded me standard mobility of £94 a month. Strange as I never had mobility before. Im assuming that was due to the governments change in guidelines to include mental health in mobility. 

    Sorry you think you will have to go to appeal again. Im pretty certain that the DWP just refuse everything now and hope that we will just go away and keep quiet. Its shameful the way people are treated.....rant over! Good Luck
  • Lou67
    Lou67 Member Posts: 993 Pioneering
    [email protected] Thank you, I’m the same never had mobility last time but this time round I’m currently waiting for 2 knee replacements plus got anxiety and some mental health issues, I definitely agree with you that they hope we will just go away and give up, but sorry DWP I’m going nowhere lol so will keep fighting ?


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