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PIP refused due to being a carer...

SaarSaar Member Posts: 5 Listener
edited November 2020 in PIP, DLA and AA
Hello All.

I was refused PIP as I received no points for any of the descriptors, asked for a MR and still no luck so applied for a tribunal.  I have received docs from the DWP regarding why PIP was refused and one was that I was a carer for my disabled child (even though I never mentioned being one in the form or assessment).  They seem to put much emphasis on the fact that since I was caring, I was healthy and capable of carrying out all tasks easily and therefore not entitled to any points to gain PIP.  It was also mentioned that I didn't show any signs of anxiety, I didn't need encouragement or prompting etc during the telephone assessment and was answering all questions quickly and efficiently - this is incorrect as I had my partner with me who was helping me answer the questions and keeping calm.  Could somebody tell me if being a carer, even though I struggle and have lots of help from my other children with household chores and helping me, would affect my chances of winning the appeal when it goes to the tribunal or any advice as to what I need to tell the judges?  Does anyone know how long its taking to get a hearing now?
Thank you
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Replies

  • poppy123456poppy123456 Community champion Posts: 22,183 Disability Gamechanger
    HI and welcome,

    Unless your caring duties contradict the reasons why you're claiming PIP then there shouldn't be any problems. Although whether you qualify for PIP will totally depend on how your conditions affect you.

    You should really be concentrating on where you think you should have scored those points and your reasons why, rather than concentrating on what has been said in the assessment report. This is in the past and it won't help your PIP claim. HMCTS will not be interested in anything that may or may not have been said in the report.

    Hearings are mostly done by telephone now and only the most extreme cases are being hearing by face to face hearings. I've heard that waiting times have decreased rapidily in a lot of areas since Covid but even then it will depend on backlog in your area. Hopefully not too much longer.
    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.
  • SaarSaar Member Posts: 5 Listener
    Thank you poppy123456

    I did mention in the forms and the assessment that although I do have to look after my children as I'm a single mother, I do receive lots of help from family and friends.  The DWP didnt seem to highlight my caring duties - even though they tend to be more supervisory than actually physical, until I pushed for a tribunal, not even in the MR documents.  It just made me feel that being a carer and also suffering from many conditions, I wasnt eligible for PIP and had wasted my time and energy in applying and wont have a strong case to present to the judges.
  • Lou67Lou67 Member Posts: 770 Pioneering
    Hi @Sarr I just want to say I’m so sorry you haven’t been successful so far, I wish you all the best at tribunal, I waited 5 months for mine which was really quick, Iv went through one before and it took over a year to get it, good luck and stay safe. 
  • woodbinewoodbine Member Posts: 2,159 Disability Gamechanger
    hi @Sarr I'm a little confused as you talk about being a single parent but having your partner with you during the assessment? It should be remembered that PIP isn't for what's wrong with you but how that affects you re:care and/or mobility issues.
  • river123river123 Member Posts: 85 Connected
    Hi @Saar
    sorry to hear that.. I am going through an appeal myself.. I also am a carer in a residential care home.. I applied for pip and got knocked back so I went in for an MR and got standard rate for daily living so I am appealing that MR as I feel I should of got enhanced daily living. I have asked for my hearing to be paper based as I don’t want to go on the phone to them, my started my appeal 7 weeks ago and I have been told my hearing for my paper base is date is the end of December but apparently telephone hearing takes longer they have said. Hope everything goes well  
  • SaarSaar Member Posts: 5 Listener
    woodbine said:
    hi @Sarr I'm a little confused as you talk about being a single parent but having your partner with you during the assessment? It should be remembered that PIP isn't for what's wrong with you but how that affects you re:care and/or mobility issues.
    Hello

    Sorry, I meant *parents
  • SaarSaar Member Posts: 5 Listener
    river123 said:
    Hi @Saar
    sorry to hear that.. I am going through an appeal myself.. I also am a carer in a residential care home.. I applied for pip and got knocked back so I went in for an MR and got standard rate for daily living so I am appealing that MR as I feel I should of got enhanced daily living. I have asked for my hearing to be paper based as I don’t want to go on the phone to them, my started my appeal 7 weeks ago and I have been told my hearing for my paper base is date is the end of December but apparently telephone hearing takes longer they have said. Hope everything goes well  
    Hi river

    Did they mention anything about your caring duties in the MR at all?  I just find it strange that I never mentioned anything about being a carer or was even asked in the form or assessment yet when it came to appealing they based all the refusal on it.  I didnt know being a parent and being unwell but having to care for my own children even if its limited to mostly supervision was unacceptable.
  • FetlockFetlock Member Posts: 77 Courageous
    I think it depends on the disabilities of the person claiming Carers allowance and the disabilities of the person they are claiming it for.

    Someone with mental health problems who, for example, states they need prompting/encouraging to cook, bathe, dress, take their medication due to memory difficulties, who then cares for someone else with mental health problems who also needs the same help might raise questions. Likewise someone with physical difficulties who claims they need help cooking, getting in and out of a bath and dressing etc, who claims Carers for someone who also needs the same sort of help due to physical conditions. Or someone who claims due to mental health they are unable to leave home but claim Carers for someone who lives at a different addres to them.

    How do they care for someone and for at least 35 hours a week when they can't do it for themselves.

    But you could also have someone with physical conditions who can prompt/supervise/encourage someone else with mental health and/or cognitive conditions or learning disabilities for example.

    I think it's something very unique to each individual circumstance but definitely relevant and something that the tribunal may wish to explore.






  • cupcake88cupcake88 Member Posts: 631 Pioneering
    @river123 I remember you had your assessment around the same time as my self . I thought you got your pip ? I didn’t know you was taking it to tribunal good luck and do you still recieve your standard rate ? While your waiting well I hope you get enchanced let us know how you get on ? Wasn’t your pip for anxiety as well ?

    @Saar do you claim any other benefit for being a career because they could of found out that way . Surely they can only go on what you tell them ? I wish you good luck let us know how you get on . 


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