PIP, DLA and AA
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PIP APPEAL ADVICE PLEASE

Debbie1234Debbie1234 Member Posts: 82 Courageous
edited August 2020 in PIP, DLA and AA
Hello everyone 😀
I was severely attacked over 10 years ago 😌 Open till then I had always worked two jobs or more. Since that dreadful day I have suffered complex post-traumatic stress disorder, Alcohol misuse and borderline personality disorder along with depression. I have been on employment support allowance for years thankfully not having to have an interview. In 2018 I was encouraged to try and get PIP I was awarded the lower daily living and I was so happy because the little bit of money really helped. Unfortunately since 2018 my mental health really declined. So I phoned Pip and told them that the nurse at my assessment mentioned that if my condition got worse to phone up, they sent me the relevant forms and to my horror it came back that they took the PIP off me completely. I had a telephone assessment because of the COVID-19 and the assessor completely lied and I was only awarded two points for daily living and no points for mobility. I was mortified but I decided to fight against the decision and I've got all my hospital and doctors records from when I got attacked up until this day. I put in for a MR. The other day somebody from DWP phoned me and said that they had reconsidered my form and it had gone to my advantage. I received 11 points for daily and four points for my mobility. This is exactly what I received in my first assessment in 2018. For the last year I have suffered severe panic attacks 3 to 4 times a week and agoraphobia I won't leave my home at all and on the odd occasion if I do it has to be with a family member and in my car. I really was expecting maybe some mobility. I don't know whether to appeal this decision as I have social phobia and the thought of going to court petrifies me but I really think they have just given me this so I don't appeal if this makes sense. But then I look around the world and the economy is very bad at the moment and I feel privileged just to get the lower rate of daily living I am torn in 2. Please could anyone advise me on what they would do if they were in my circumstances I have a month to appeal and the DWP never had all my evidence I had only sent them half. Please, please help as I am Relatively new to all this.

Replies

  • Cher_ScopeCher_Scope Posts: 3,422

    Scope community team

    edited August 2020
    Hello @Debbie1234 and firstly, a big welcome to our community.  It's lovely to have you here and I hope we can help support you.  The PIP process can be overwhelming and emotionally difficult so well done you for persevering and asking for the MR.

    When thinking about the next steps this information from the Citizens Advice might be of help https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/  It explains what would happen if you were to appeal to tribunal about your MR outcome.  

    I understand how daunting the idea of a tribunal could be, living with agoraphobia and panic attacks.  However, and others please correct me if I am wrong!, you do not have to attend the tribunal in person if that is something you would find particularly challenging.  As you have more evidence you could submit, maybe it would be a good idea?  

    I'm sure more people will be along to help you soon :)
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  • Cher_ScopeCher_Scope Posts: 3,422

    Scope community team

    Just so you know, I've also moved your post to the PIP discussion board to help more people see it and be able to help you.
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  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Hello Cher
    thank you so much for your answer 😊 I have found it so helpful. I will read the information you sent on the citizens advice. I am so scared that if I appeal to the tribunal, I will have it all taken away. All the form filling and reliving my attack makes me feel so low and suicidal. I forgot to mention that I was awarded the standard rate for 3 years. I am already panicking about having to go through it all again in May 2022. I just want to be left alone to try and live a life whilst coping with my illness if that makes sense 😌
  • Cher_ScopeCher_Scope Posts: 3,422

    Scope community team

    I'm so glad I could help you @Debbie1234

    You are not alone in feeling scared and anxious about the PIP process and I entirely understand you wanting to live your life without form-filling and reliving what you went through :(  Are you receiving any support with your mental health?  

    If ever those feelings of being low and suicidal creep in, please seek help. If you feel you are in immediate danger then call 999 or go to your local A&E department and remember Samaritians are available on 116 123 at any time.  We want to keep you safe :) 

    Do you have anything nice planned for today to distract yourself a little bit?  It's lovely and sunny isn't it?
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  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    I have been in touch with mind and they have been so helpful I found them in an emergency as I was thinking of drinking some ammonia and she got me to pour it down the sink 😊
    the DWP know all this and I have attempted suicide a couple of times 😌 
    I won't ever leave my house alone, but the letter from DWP said that because I have managed to leave the house with someone (twice in four months) that they Only awarded me four points that means that I have to be encouraged to go out which I totally disagree with. It is a lovely day, I am going to try and sit in my garden. That is a huge challenge for me unfortunately with my Agoraphobia. I am on a waiting list to see a therapist about my panic attacks as they are very frightening and overwhelming.
    thank you so much for getting back to me
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    I hope you have a lovely day 😀
  • Cher_ScopeCher_Scope Posts: 3,422

    Scope community team

    No problem @Debbie1234 We are always here if you need someone to chat to!

    It sounds like you have been through a lot so keep reminding yourself how far you have come.  If you can manage sitting in the garden, enjoy that sunshine.  I hope you have a nice view to enjoy! 
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    edited August 2020
    Hi @Debbie1234 and a very warm welcome to the community! I'm glad to hear that MIND have been able to help you previously.

    I'm concerned by your mention of feeling suicidal and I just wanted to check in to see how you are feeling mentally at the moment. Are you safe?

    If you do go to tribunal you would have to attend in person unless you opted for a paper hearing. There is more chance of success if you are there. However, with the current situation with COVID-19 here is what Citizen's Advice has said:

    Coronavirus – appealing to the tribunal

    If possible, a tribunal judge will assess your case without a hearing. Instead they’ll make a decision based only on the documents. Send any evidence you have to the tribunal as soon as possible – for example medical evidence.

    If the judge assesses your case based on the documents, they’ll send you a ‘provisional decision’. If you don’t agree with the provisional decision, tell the tribunal you want a hearing instead. You can find the contact details of your tribunal on GOV.UK.

    If there has to be a hearing, the tribunal might suggest a phone call or video conference. You can check how to prepare if the tribunal arranges a hearing by phone or video call.

    If you go to the tribunal in person, you’ll have to wear a mask or covering for your mouth and nose. If you don’t wear one, you won’t be allowed in the building. Some people don’t have to wear one – check who doesn’t have to wear a mask or face covering on GOV.UK.

    I hope this helps. :)
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  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Hi Chloe
    thank you for your reply and advice 😊 it is so difficult, I feel like I am swimming constantly up against oncoming waves and I am not a strong swimmer. I have my dear husband for support and I fight every day against the suicidal voices and thoughts. My brother committed suicide a few years ago and I know the devastation it leaves behind 😌 so that helps me to avoid joining him. 
    The mobility part on my decision letter clearly mentions that I can't go out alone and it causes me Psychological distress and the assessor that looked on my claim again agrees what my doctor mentioned. I think I should of been awarded 12 points (I am unable to go on Familiar journey unless I am accompanied)
    But you stated that I could get it all taken away from me if I appeal. That outcome would be unbearable. 
    There's a nagging voice telling me to go for it but I am scared and don't want to come off greedy. 

  • janer1967janer1967 Member Posts: 9,363 Disability Gamechanger
    Hi @Debbie1234 Welcome to the community glad you have joined us.

    Nobody can advise if you should go to tribunal or not but there is a greater success rate for those that do and those attending in person. 

    Currently tribunals are being done over the phone not in person but this could change before yours would come to hearing.

    There is a wait for tribunals so you would have plenty of time to prepare but it is stressful and if you dont want the added stress then maybe stick with what you have

    If you do decide to go for it there is plenty of guidance and support on here
  • OverlyAnxiousOverlyAnxious Member Posts: 1,269 Disability Gamechanger

    But you stated that I could get it all taken away from me if I appeal. That outcome would be unbearable. 
    There's a nagging voice telling me to go for it but I am scared and don't want to come off greedy. 

    I'd consider whether the extra money would be of any help to you?  Do you 'need' it or are you comfortable on the amount you get now?

    For me, unless I actually needed it, I'd just accept the standard daily rather than having to go through even more stress & hassle and risk losing what you do have.  

    That's just my opinion though, and from what you've written it does look like you should be entitled to more!
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Hello Janer1967
    thank you so very much for your honest feedback 😀 it is so difficult trying to fight alone without a support worker etc....
    I will have a read on people's experiences .
    I hope you have a lovely day and enjoy this beautiful weather. My husband is at the lakes with his younger brothers. I'm having a bad day today so couldn't join them unfortunately.

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

    There's no risk in taking it to Tribunal. If there was any risk to your current award then they will warn you before removing any existing points and they do this by either contacting you before the hearing or on the day of the hearing. If this happens they will adjourn the hearing for you to decide what you want to do.

    Good luck what ever you decide.
    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.
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Hi Overlyanxious 😁
    I haven't been able to work for over 10 years now (12) to be exact. I only applied for PIP in 2018 as I was struggling financially. I could never work again unfortunately because of my illness. A little bit of mobility would really help to keep our car on the road (tax,up keep etc...) as this is my life line. I can't use public transport or buses due to my panic attacks. If I do you have a good day going through my back door and running to my car accompanied with my husband makes me feel safe and atleast I can go for a nice drive if that makes sense? Without my car on the road I would just be housebound. 
    Thank you for answering, I hope you enjoy this lovely day.
  • OverlyAnxiousOverlyAnxious Member Posts: 1,269 Disability Gamechanger
    Hi Overlyanxious 😁
    I haven't been able to work for over 10 years now (12) to be exact. I only applied for PIP in 2018 as I was struggling financially. I could never work again unfortunately because of my illness. A little bit of mobility would really help to keep our car on the road (tax,up keep etc...) as this is my life line. I can't use public transport or buses due to my panic attacks. If I do you have a good day going through my back door and running to my car accompanied with my husband makes me feel safe and atleast I can go for a nice drive if that makes sense? Without my car on the road I would just be housebound. 
    Thank you for answering, I hope you enjoy this lovely day.
    I also have agoraphobia and rely on my car to go anywhere at all so I fully appreciate that!  :)

    I don't qualify for mobility as I can go out alone locally (in fact, trying to meet another person causes me more anxiety than going out alone!) but did get enhanced daily when I was only expecting standard.

    Enhanced daily is around £30 more than standard, so it works out a little more than standard mobility.  As you're only 1 point off of that, I do wonder whether it may be worth going back through the daily descriptors to see if you can find an extra point there, even if they don't allow any mobility. 

  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Hello again Overlyanxious 😁
    It is an awful illness isn't it? I never leave the house alone and the DWP are aware of this because of what my GP said to them. That is what confused me because they only give me four points on the mobility because I need encouragement to go out 🤔 In the written statement they say that they are aware I never leave the house on my own. I think I come under the 12 points (I cannot undertake a familiar journey unless accompanied by someone or an aid)
    My doctor is willing to write a letter on this. I am on a waiting list for a counsellor to help me with the panic attacks and agoraphobia.
    I really do feel for you it's awful 😌
    I do genuinely feel like they have made a mistake on my mobility part.  I'm quite happy with the standard rate of daily living, even though I was 1 point out. 
    I hope you manage to have a nice day and forget about your illness for a while. 
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    I do know what you mean by being happier alone. I can't mix in groups 😌 I have 3 older children and can't have them all around me at home with their partners as it is too much 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Debbie1234 my advice is correct, there's no risk because of the warning they give you before the remove any points.
    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.
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Wow 😮 thank you so much Poppy123456....
    that was my main concern in appealing their decision. I have found this information so helpful, thank you so much.
    I hope you have a lovely day 😊
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