Reward dates. How to appeal this? — Scope | Disability forum
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Reward dates. How to appeal this?

Leigh14
Leigh14 Member Posts: 344 Pioneering
Today, I’ve received the dates, January 2021 to May 2024, this is for enhanced mobility. As my condition is never going to improve, but will get a lot worse, can I appeal the time frame. Is it possible to go for the longest. If so, what is the longest reward? Will my appeal mean my PIP be stopped until they decide?
Thanks.

Comments

  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    You can appeal the award length only and the maximum length is 10 years. If you think you qualify for the daily living award as well then you can appeal both. Your current award will conitnue while you wait for the Tribunal hearing. I would also advise you to appear in person or have a telephone hearing, rather than a paper based decision.
  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    Thankyou @poppy123456. I didn’t realise it would be a tribunal!
    My pip assessment awarded zero points for daily living, and four points of mobility. The MR has given enhanced mobility, and six points for daily living. I shall have a look to see if I qualify for the extra two points. I’m just so grateful to get the mobility. 
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    Yes a Tribunal because you've already done the MR stage. If you can get representation then even better. https://advicelocal.uk/

  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    Thankyou. How long have I got to apply for this, a month?
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    The maximum time is 13 months.
  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    You're welcome. Also i don't know if you're aware of this but when you appeal to a Tribunal, there's actually very little risk to your current award, if you appeal the daily living part.  If the Tribunal plan on reducing any award they will warn you before doing this. This then gives you the chance to cancel the appeal.
  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    So, I’ve decided to go for a longer reward. Sorry for my ignorance on this, but I have no idea how to proceed, or indeed how to even word it. Is there a form similar to the MR one? Do I simply write, if so, to whom? Can I simply ring?
    Thanks
  • chiarieds
    chiarieds Community Co-Production Group Posts: 10,579 Disability Gamechanger
    hi @Leigh14 - if appealing for a longer award length only, you will find Mike's comments as to how to word your appeal helpful in this post. Also as Poppy has mentioned try to get representation such as a Welfare Rights Officer. Please see: https://forum.scope.org.uk/discussion/82842/id-like-to-dispute-the-award-length-only-how-long-do-i-have-to-do-this?

  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
  • chiarieds
    chiarieds Community Co-Production Group Posts: 10,579 Disability Gamechanger
    You're very welcome @Leigh14 - & if you specifically ask for the award length only to be looked at, there will be no risk to your current award. Do ask for 10 years, & good luck. :)
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    Leigh14 said:
    So, I’ve decided to go for a longer reward. Sorry for my ignorance on this, but I have no idea how to proceed, or indeed how to even word it. Is there a form similar to the MR one? Do I simply write, if so, to whom? Can I simply ring?
    Thanks

    What about the daily living part? Did you get some expert advice to see if you're entitled to it? Even if you do think you're entitled and appeal this as well as the award length, if there's any risk to your current award they do warn you before proceeding.
  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    I’ve been in severe pain for a few weeks now, so to be honest, I haven’t given any thought to any of it really. The pain isn’t anything to do with my disabilities, but I haven’t made a call for any advice etc. Before doing so, I’ll look to see if I myself could get another 2 points to get me the 8 points needed for daily living.
    I feel so doped up on strong painkillers, but today, I decided to get moving on the award business. 
    Thankyou again. Really appreciate all advice here.
  • Tori_Scope
    Tori_Scope Posts: 6,030

    Scope community team

    I'm sorry to read that you've been in a lot of pain recently @Leigh14. Are you able to speak to your GP, or another professional, at all to discuss this? I hope the painkillers are helping a bit, even if you're getting some negative side effects from them too. 
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  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    Thankyou @Tori_Scope. I’m now 7 weeks in with the constant pain 🥲I’ve seen the GP, then took myself to A&E two weeks later. There I was told I have rotary cuff. Despite being dosed up on the painkillers and doing some arm exercises, the pain is excruciating. I’ve normally got a high pain threshold, but not with this!
  • Tori_Scope
    Tori_Scope Posts: 6,030

    Scope community team

    That's frustrating @Leigh14 :( Have they said how long the pain might last, or whether there's anything else you can try? 
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  • chiarieds
    chiarieds Community Co-Production Group Posts: 10,579 Disability Gamechanger
    Hi @Leigh14 - just to jump in here about your rotator cuff injury. I know this can be incredibly painful having experienced this myself following my shoulder (& also wrist) being injured by another (my arm was forced up behind my back), resulting in one of my shoulder tendons being torn. Since then I've had 2 episodes of a 'partially frozen shoulder.'
    My point in writing is to say that, as a long-retired physio, I'm hoping you were referred to a physio for treatment. As far as exercise goes, if you haven't been given this to do, please try the following:
    Stand & put the foot of your unaffected side slightly forwards so you have a comfortable base. Lean forwards, letting your affected arm hang. Now swing your arm backwards & forwards within your pain-free arc. Do this gently for a couple of minutes. Next try moving your hand in a comfortable circle first one way, then the other. Gravity thus helps aid movement, & you can increase the range as you progress, always moving your shoulder within your pain-free arc. Don't push through the pain as this just increases the pain cycle. Try this a little & often throughout your day.
    This gentle gravity-assisted exercise helped me reduce the time I experienced pain with my 'partially frozen shoulder,' & was also something I had previously used to teach my patients as a physio student (getting better results than the then qualified physios, & patients in less pain). To me it was logical, but now seems to be accepted as the way forward. Please see the first exercise here:   Hope this helps........worth a try?
  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    No, @chiarieds, physio wasn’t suggested. Well, it was by a GP that I spoke to over the phone, but without seeing me, I thought that would be jumping the gun, so I suggested strong painkillers. Two weeks later, I was seen by a different GP, who referred me for an x-ray, but didn’t know how long the wait would be (covid) After receiving the letter, an appointment had been made for 22nd October, but I couldn’t wait that long, which is when I took myself off to A&E. The Dr there told me straight away what it was, and very kindly put an exercise on utube for me. Reading what you’ve written, it’s very much the same. I have been doing it, well, mostly swinging of the arm. 
    I actually woke up in pain one morning, unlike the awful injury you suffered. Very glad to hear though that the pain gets better. It’s just taking so long!

    Hi @Tori_Scope. As above, this is what the Drs have said. x

    Thankyou both x
  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    Just to update, today I rang to speak to a welfare officer. The lady in question is only available at the beginning of the week, so hopefully I will receive a call next week. I shall also mention the daily living part with her too.
  • Ross_Scope
    Ross_Scope Posts: 4,989

    Scope community team

    Leigh14 said:
    Just to update, today I rang to speak to a welfare officer. The lady in question is only available at the beginning of the week, so hopefully I will receive a call next week. I shall also mention the daily living part with her too.
    Thanks for the update, hope you receive the call :) 
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  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    Have spoken to the Welfare Officer with regards to a longer length reward. Have been advised that she cannot see that happening. I didn’t disclose my disability, just pointed out that I wasn’t going to get any better, in fact my condition will get worse. She spoke about somebody being born blind yet they still have to keep sending forms in. Also someone with Downs. In short, I was told it would be a complete waste of time.
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    Leigh14 said:
     I didn’t disclose my disability, just pointed out that I wasn’t going to get any better, in fact my condition will get worse.
    Not sure how you could have been given any advice without telling how your conditions affect you.
  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    Leigh14 said:
     I didn’t disclose my disability, just pointed out that I wasn’t going to get any better, in fact my condition will get worse.
    Not sure how you could have been given any advice without telling how your conditions affect you.
    No questions were asked by her. Like I said, I did say my condition won’t get better, and as she didn’t ask what I have, I assumed, as she’s a Welfare Officer, that she knows what she’s talking about. To be honest, I’ve received more info on this forum than I have from her.
  • mikehughescq
    mikehughescq Member Posts: 7,508 Disability Gamechanger
    Being blunt, I think you may wish to seek a second opinion. Yes, all awards are time limited and will require renewal or reassessment but none of that takes away from the fact that the award length may nevertheless be hideously inappropriate and essentially plucked out of the air. 

    However, whilst a condition may be lifelong that does not automatically mean you get the longest award and that's certainly the case if it's something likely to get worse. They would be entitled to set a shorter review date than the longest available of ongoing/10 years.

    They still can't pluck that date out of thin air. If you're not being medically reviewed in 3 years time then DWP would struggle to justify why you should be reviewed by them just in case. 
  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    Thankyou for your response @mikehughescq. Can you explain this further,  If you're not being medically reviewed in 3 years time then DWP would struggle to justify why you should be reviewed by them just in case. 
    I don’t really understand that part 🤷🏼‍♀️
    I honestly don’t know if I should just leave well alone, or go through with trying to get the longer review. 
  • mikehughescq
    mikehughescq Member Posts: 7,508 Disability Gamechanger
    Simple. When DWP pick a review date they are advised in their guidance to go for the shortest possible unless there is evidence to the contrary. However, even when they go for the shortest possible they can't just pluck a date out of the air. Odds are that if you can't think of a reason why they picked the current date then nor will they be able to. 

    At its simplest ask yourself why 3 years. If the answer was that the medical profession have you on a 3 year appointment schedule then that would make sense. If they don't then why 3 years? The answer of course is "no reason at all apart from it being a short period". So, grounds for challenge. 

    An even better way of looking at it would be "if my medical professionals don't see that anything of any significance will have changed in 3 years then why would you non-medical people think it would even be worth thinking about? What is that you know that my medical professionals don't?"

    The answer of course in most cases is that there simply isn't a reason for your review date. 

  • ellieflower3
    ellieflower3 Member Posts: 173 Courageous
    how is everyone?
    Lilly Josh  <3
  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
    That I that is a brilliant explanation @mikehughescq. With that in mind, I will definitely go for the tribunal stage. Do I notify the MR or PIP that this is what I shall be doing?
  • calcotti
    calcotti Member Posts: 3,039 Disability Gamechanger
    Leigh14 said:
    That I that is a brilliant explanation @mikehughescq. With that in mind, I will definitely go for the tribunal stage. Do I notify the MR or PIP that this is what I shall be doing?
    When you lodge the appeal HMCTS will notify DWP, you don’t need to tell them yourself.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Leigh14
    Leigh14 Member Posts: 344 Pioneering
  • lillybelle
    lillybelle Member Posts: 571 Pioneering
    the MR decision maker contacted me yesterday and asked if I wanted to add anymore.
    even though I didn’t put it in my letter I asked them if they could look at the time award again. It is currently 3 years the same as the last one.
    I explained that I had had epilepsy for the past 40 years so very unlikely things will change after 3 years.
    She said that she will look at the whole claim again. ( I’m hoping I don’t loose my enhanced mobility)
    so keep fingers crossed I will find out next week

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