Pip a bit of my story — Scope | Disability forum
New to the community? Remember to read our community guidelines and our community house rules.
Concerned about another member's safety or wellbeing? Find out how to let us know.

Pip a bit of my story

marija
marija Member Posts: 21 Connected
I am getting PIP since 2013, both standard rate. 
2016 my conditions got worse with my mental health, but back then it wasn't taken into consideration, as my renewal was in June, the court case about mental health was in Nov 2016 and then another one 2018.

I only found out about it when PIP sent me a letter, they were looking into my award again and that it was correct. 

We had to go through an MR, which then ended up into a Tribunal. Which we won in June, but only for 16-18, 18-20 was disregarded. 

We applied for the first MR and change of circumstances at the same time, so it was a double wait and very challenging on my mental health.

Change of circumstances was decided 5 days prior tribunal, which of course wasnt successful, still standard. But I didnt give up  better said my husband didnt give up.

So we put on an MR for the change of circumstances, which i got payment today on my account, enhanced rate for daily living but not mobility. Which was what we won on the tribunal just a few months ago.

So now i am preparing my next tribunal, my husband just sent out an email to citzen advice bureau who helped us with all of this.

I just read another post, where a lady said she got a phone call from DWP after applying for a tribunal, i hope we will be that lucky too....

If not next update will follow in 6 months.

A bit of success....

Comments

  • saversam
    saversam Member Posts: 79 Courageous
    Thank you for sharing your story.  And the very best of luck for your tribunal 
  • janer1967
    janer1967 Member Posts: 12,311 Disability Gamechanger
    Hi @marija

    Thanks for sharing with us and the best of luck with the tribunal please let us know how you get on 
    Here to help with my experience in hunan resources and employment rights 
  • onebigvoice
    onebigvoice Posts: 184 Courageous
    @mariji,  sorry to hear of your experiences.  Since you have had a decision,
    So we put on an MR for the change of circumstances, which i got payment today on my account, enhanced rate for daily living but not mobility. Which was what we won on the tribunal just a few months ago.
      At a Tribunal once a decision is reached the Secretary of State is obliged to re-issue a certificate of entitlement on that would state the start and finish dates ( if applicable, as they no longer give a life time decision, but state its open ended, but for admin purposes they would give a 9 year date, mine is till 2029, where they will review and continue to pay the Enhanced Rate )  in your case after the Tribunal you should have had an outcome or decision notice and it would have been in there.  It does not take months to receive and if you still have not received it you should contact the Tribunal service and ask why and what dates and rates are on the new certificate since the DWP have paid a different rate.
      This is the best bit:  and I realise that there are some that may disagree since they have been doing this for 3 decades, but the Tribunal notice is not binding in LAW, and the DWP/PIP's or any tribunal you attend the decision notice given by the Tribunal is ONLY AN INSTRUCTION AS TO THEIR FINDINGS.  And I have had many cases that what has happened to you has happened to them.
      The DWP state that if your not happy then you need to reapply, causing you to have to go through the whole thing over again.  You must find an error in law to reapply, hence some comments here as Throw the report out the window and concentrate on what has changed.
      Since I ask what supporting evidence has the DWP used to make their decision at the Tribunal ( and also before a Tribunal)  and what qualifications the Assessor has to complete any sort of examination, medical or otherwise, they never answer so I reissue the same questions again show me the report support evidence used under the 2013 Social Security ( personal Independence Payment ) Act since I did not receive them prior to the Tribunal and also did not receive a copy of the decision notice after th Tribunal which also would have included the L203(c) Form.
    @mikehughescq since you have been doing this for 3 generations may be you would like to explain what a L203( C ) form is?  Whats its purpose?  And how it is used?
      The bottom lone is the DWP can make you an offer and as long as its more than you were on before its classed as adantageous to the appellant or claimant if you have not had a Tribunal yet.
      Another trick DWP use is to ring you at home the day before, normally at night to discuss the Tribunal and make an offer, if you o discuss this then they will camcel your Tribunal notice.
      I will explain more once I hav had a comment to what a L 203 ( C ) form is?     .
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    edited October 4

      The DWP state that if your not happy then you need to reapply, causing you to have to go through the whole thing over again.  You must find an error in law to reapply
    That's not exactly correct. To appeal a Tribunal decision you need to find an error in law. If a person's been refused a benefit like PIP or DLA by a Tribunal they do not need to find any error in law to reapply, they simply reapply.

      Since I ask what supporting evidence has the DWP used to make their decision at the Tribunal ( and also before a Tribunal)  and what qualifications the Assessor has to complete any sort of examination, medical or otherwise,

    This has also been said before, the HCP does not need to have any qualifications or knowledge in any specific conditions because the assessment is not a medical.
    I'm not sure why anyone would want to ask that question during a Tribunal because it's not about the assessment report. Concentrating on that can damage a case.
  • calcotti
    calcotti Member Posts: 3,039 Disability Gamechanger
    Onebigvoice, I suggest you may have misunderstood the OP’s narrative. As I understand it they have a tribunal decision but while waiting for the tribunal a assessment hasn’t taken place. This has created a closed period for the tribunal decision which therefore applies from the date of the decision the tribunal was examining to the date of the new DWP decision.

    OP, hopefully someone at DWP reviewing your new appeal will agree that they should take the previous tribunal into account and you may indeed be ‘offered’ a revised award without actually going to tribunal this time.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • marija
    marija Member Posts: 21 Connected
    @calcotti yes you are right and thank you for the positive thoughts.

    As we sadly didnt know in 2018-2020 only got a short version of the form, we did state some things. But because back in 2016 they told me mental health isnt take into consideration, i didnt put anything down in 2018. Our fault for not finding out properly.

    As said only when DWP sent the letter, we then did the MR for 16-18 and won.

    But now for the change of circumstances MR they disregarded the tribunals decision.

    So yes we put in an application for a new tribunal and Citizen Advice is helping us again, so I am hoping with applying DWP might just call us too...

    Have to stay positive as much as we can these days...

    I hope for everyone not just myself to get fast through this process and be successful.


  • marija
    marija Member Posts: 21 Connected
    @poppy123456 the medical person on the tribunal agreed with my husband when he said for mental health issues the asessors should be trained for that. (but again these are just opinions)

    But as you say they ask fresh questions, they dont concentrate on the report.

    And we didnt also, my husband was talking most of the time, answering questions as i was to overwhelmed. 
  • marija
    marija Member Posts: 21 Connected
    Hello everyone, 

    update:

    with the help of the Citizen Advice b. we submitted our appeal today.

    Waiting started...

    Please everyone who needs help with any benefit or writting a letter they are amazing and there to help.


Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.

Fancy a chat in our virtual coffee lounge?

Put the kettle on and have a chat in our coffee lounge with other members. We talk about hobbies, games and anything else you can think of!

Cerebral Palsy (CP) Online Cafe

Here's a new opportunity for people with CP or a similar disability (aged 20+) to get together and chat. The sessions are in partnership with CP Sport so you can find out more and meet people from both organisations.

Are you struggling?

Read our 'Coping with stress, low mood and isolation' support thread for a run-down of ideas on how to banish those blues and feel happier.

What do you think about the community?

Complete our feedback form and tell us how we can make the community a better space for you.

Information about COVID-19

If you have questions about the virus, please read our information and support which includes guidance on benefits, getting food and essentials and Cerebral Palsy.

Back to school this September?

Read tips on how to settle back in and handle any worries you or your children might be having this new term.