Received Appeal bundle. Confused, any advice would be appreciated

Options
Gardeningflowers
Gardeningflowers Online Community Member Posts: 9 Listener
edited April 2022 in PIP, DLA, ADP and AA
Hello,

I hope someone can help me/explain some things I don't understand.

A little background information- I have CFS, GAD and OCD. Firstly I was awarded 0 points for care and 0 points for mobility. After the MR I was awards 10 points for care (5 descriptors 2 points from each) and 4 points for mobility. 

I filed an appeal giving real life examples of why I feel I should have scored higher in a couple of the descriptors. I have now received the bundle and have a couple of questions.

On the part entitled 'activities specified in the appeal' they have decided I was scored correctly in the MR so have awarded no more points. However they have also said that in one descriptor in which I scored points following the MR is wrong and I shouldn't have scored them so would ask the appeal to remove them but this would still leave me with 8 points so standard rate care.

I'm now unsure what to do. I had planned on sending in a statement written by my mum but I'm terrified now that might unsettle things as clearly everyone who looks at my case has differing opinions on what I should be awarded. I'm scared they'll recommend more points to be taken off meaning I'll not be eligible for any award at all.

If that were to happened and I decided to pull out of the appeal as I had been told I could at any time (I'm finding it incredibly stressful and my anxiety is off the chart with it, even though I'm eligible for PIP so should probably stick with it, this has been going on since April last year and I'm finding it very hard) would that be the end of it, I'd keep on my standard rate care or would the DWP get in touch to take my award off me?

If anyone has any experience of this or any help/advice it'd be very much appreciated. It's causing so many sleepless nights.

Thank you in advance.

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited March 2022
    You shouldn’t take too much notice of what DWP have said. You need to concentrate on the strength of your evidence, rather than theirs. 
    If there’s any chance of losing what you already have then the Tribunal will warn you either on the day of the hearing or by sending you a letter before the hearing takes place. This will give you the chance to cancel the Tribunal if you want to. 
    If you don’t want to go any further now then yes, you can cancel the Tribunal and you will keep your existing award. 
    You can also get some expert advice, start here https://advicelocal.uk/
  • Jimm19
    Jimm19 Online Community Member Posts: 50 Contributor
    I won my appeal yesterday by writing down real life experience examples, these were the exact same examples I gave at the WCA yet HCP failed to report them accurately. At the MR stage the DM asked the tribunal to throw out my case as he believed I was fit for work , like poppy has said ignore the dwp , I didn't even have to give verbal evidence yesterday and won .
  • Justcheckingin15
    Justcheckingin15 Online Community Member Posts: 364 Empowering
    Well Done You @Jimm19
  • chiarieds
    chiarieds Online Community Member Posts: 17,127 Championing
    Congratulations @Jimm19 - & thank you for updating us all with your comments too that Poppy advises to ignore what the DWP say at this stage, & rather concentrate on your own evidence, & those so important real life experience examples.
  • Gardeningflowers
    Gardeningflowers Online Community Member Posts: 9 Listener
    @poppy123456 So can I just confirm- that if I were to cancel the tribunal if the DWP had said they didn't agree with the MR award, then I'd stay with the award given at the MR stage and that'd be the end of it and the DWP wouldn't come back to me to take that away themselves (separate from the tribunal)?

    Sorry to be so questioning I'm just really scared that if I submit more information they might take more points off which would leave me unable to cancel the tribunal if I were to finding it all too much and stressful.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    PIP awards have an end date but they can actually review your claim at anytime.
    Gardeningflowers said:

    Sorry to be so questioning I'm just really scared that if I submit more information they might take more points off which would leave me unable to cancel the tribunal if I were to finding it all too much and stressful.
    This simply wouldn't happen because as advised, they will warn you before removing points. You can also cancel a Tribunal at anytime.

  • tru88le
    tru88le Posts: 200 Contributor
    edited April 2022
    I won my appeal yesterday by writing down real life experience examples, these were the exact same examples I gave at the WCA yet HCP failed to report them accurately. At the MR stage the DM asked the tribunal to throw out my case as he believed I was fit for work , like poppy has said ignore the dwp , I didn't even have to give verbal evidence yesterday and won .
    Is this the right place for your yippee! Post
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,611 Championing
    edited April 2022
    Hi @tru88le

    Apologies but I'm not sure what you mean by your comment, would you mind clarifying please? On a written platform such as this sarcasm can be hard to convey, so it's always best to be mindful about what we write.

    I note that the OP has been in a rather stressful situation with their claim but others are always welcome to contribute their success stories to the discussion providing it is relevant. It can be really comforting for some people to hear the success stories of others because it can give them hope for their situation, and make them feel less alone.

Categories