To appeal or not?

Gcloud

I was awarded PiP back in November having reached 9 points which gave me the standard rate but after speaking with CA about my LCW - LCWRA case they believe I may be able to score points on things I didn't if I appeal.

Really not sure what to do I suffer from a lot of anxiety symptoms, one of which makes it really difficult for me to Engage with other people face-to-face, I got no points for this at all and there was defiantly a case to be made.

Anyone else been through similar? 

poppy123456

Lots of people challenge a decision if they think it’s not correct.
As you are outside the 1 month timescale if you request the Mandatory Reconsideration (MR) then you will need to tell them why you’re requesting it late. If they dont accept your reasons then you can just proceed to Tribunal. 

Do be aware that they will only take into consideration what your conditions were like at the time the assessment took place. Any worsening of condition since then will not be taken into consideration. 

Bella123

Hi Gcloud. I have just been through this myself. I applied for PIP Dec 2020. After my telephone assessment I was awarded 0 points so I asked for Mandatory Reconsideration. I scored 2 points. Like you I suffer terrible anxiety and difficulties being around people. I decided to appeal and told them I could not attend the hearing in person due to my fears of leaving my home so requested a paper hearing. Yesterday I found out that I had won my appeal and was awarded 11 points daily living and 10 ponts mobility. Bit different to DWP 2 points isn't it?. If you feel strongly that your award is wrong go to appeal. From claiming to winning has taken me 17months. Good luck 

Tori_Scope

I hope the above comments have helped @Gcloud Have you had a chance to think this over a little more? 

I'm sorry to hear that your anxiety symptoms are affecting your daily life. Are you receiving enough support to help you manage those at the moment? 

Gcloud

Bella123 said:

Hi Gcloud. I have just been through this myself. I applied for PIP Dec 2020. After my telephone assessment I was awarded 0 points so I asked for Mandatory Reconsideration. I scored 2 points. Like you I suffer terrible anxiety and difficulties being around people. I decided to appeal and told them I could not attend the hearing in person due to my fears of leaving my home so requested a paper hearing. Yesterday I found out that I had won my appeal and was awarded 11 points daily living and 10 ponts mobility. Bit different to DWP 2 points isn't it?. If you feel strongly that your award is wrong go to appeal. From claiming to winning has taken me 17months. Good luck 

I don't know what to do as I don't like laving my home but my CA thinks it might be the best way to get across how tough my daily life is affected by my anxiety. I'm really not sure if i should go to face to face or change to phone.

@Tori_Scope, I think about this nonstop and wish it was over I'm so torn between what to do my mood and emotions are all over the place

poppy123456

Gcloud said:

Hi Gcloud. I have just been through this myself. I applied for PIP Dec 2020. After my telephone assessment I was awarded 0 points so I asked for Mandatory Reconsideration. I scored 2 points. Like you I suffer terrible anxiety and difficulties being around people. I decided to appeal and told them I could not attend the hearing in person due to my fears of leaving my home so requested a paper hearing. Yesterday I found out that I had won my appeal and was awarded 11 points daily living and 10 ponts mobility. Bit different to DWP 2 points isn't it?. If you feel strongly that your award is wrong go to appeal. From claiming to winning has taken me 17months. Good luck 

I don't know what to do as I don't like laving my home but my CA thinks it might be the best way to get across how tough my daily life is affected by my anxiety. I'm really not sure if i should go to face to face or change to phone.

Most Tribunal hearings are still by telephone. Paper hearings have a very low success rate of between 3-8%. For this reason i wouldn't advise you to request a paper hearing.

Gcloud

poppy123456 said:

Gcloud said:

Hi Gcloud. I have just been through this myself. I applied for PIP Dec 2020. After my telephone assessment I was awarded 0 points so I asked for Mandatory Reconsideration. I scored 2 points. Like you I suffer terrible anxiety and difficulties being around people. I decided to appeal and told them I could not attend the hearing in person due to my fears of leaving my home so requested a paper hearing. Yesterday I found out that I had won my appeal and was awarded 11 points daily living and 10 ponts mobility. Bit different to DWP 2 points isn't it?. If you feel strongly that your award is wrong go to appeal. From claiming to winning has taken me 17months. Good luck 

I don't know what to do as I don't like laving my home but my CA thinks it might be the best way to get across how tough my daily life is affected by my anxiety. I'm really not sure if i should go to face to face or change to phone.

Most Tribunal hearings are still by telephone. Paper hearings have a very low success rate of between 3-8%. For this reason i wouldn't advise you to request a paper hearing.

So this means I should go to the face to face or telephone if possible?

poppy123456

Yes indeed! I wouldn't advise you to request a paper based hearing.

Dave6789

I have similar issues ("mental heath"), the woman in the telephone assesment wasn't following their own laws about how to award points and I got zero points on everything.

I found the entire process too stressful and dehumanising to continue so I quit, I now can't afford food and fuel (and definitely not therapies) with what I get on just ESA, I would have liked to have continued but it was all too much. Do it if you can though of course.

I think something needs to change with this, the assessments should not be making people even more sick or be too difficult for people with some types of disabilities to complete

Note added 21.5.22 for clarification  assessors can only make recommendations to the decision maker, who makes the final decision on awarding points, based on any evidence from the applicant and the assessment report

Gcloud

@Dave6789 I know how you feel, this has been more worrisome than anything, I was somewhat relieved to have been awarded the standard rate. The CA have been super helpful and have guided me though so much I wish that I got in contact with them mush earlier. 

@poppy123456 Thank but I never heard of a paper assessment until you mentioned it,  I'm not sure if i should have the face to face due to me having agoraphobia and really bad anxiety in social circumstances. Over the phone I may be better due to those but not get across the difficulties as id be in me "safe place" where im more relaxed if that makes any sense. 

Tori_Scope

Have you spoken to your GP about your anxiety @gcloud? They can often be a good place to start

Gcloud

@Tori_Scope yes I've suffered with it for 18 years and tried many meds, sadly nothing seems to work or make my symptom's less. 

poppy123456

Gcloud said:

@poppy123456 Thank but I never heard of a paper assessment until you mentioned it,  I'm not sure if i should have the face to face due to me having agoraphobia and really bad anxiety in social circumstances. Over the phone I may be better due to those but not get across the difficulties as id be in me "safe place" where im more relaxed if that makes any sense. 

You've already had your assessment so this no longer applies here. I already gave you the stats for paper based Tribunal decisions, so i wouldn't advise you to request this, if you go down the Tribunal route.

Tori_Scope

I'm sorry to hear that @Gcloud. Have you ever tried any talking therapy, or self-help techniques?

Jo_2022

Hi @Gcloud!  A warm welcome to you on the community. If you are unhappy with the points they have scored you, then I would suggest you Appeal their decision. A lot of people receive more after going to Appeal for their PIP application, as the Tribunal is separate from the DWP. All the best!              

Sue_Alumni

Hi @Gcloud
Welcome to the online community.  Did you mention your anxiety issues in your PIP 2 form and the assessor did not explore them ?   Given that CA have already helped you with your LCWRA case they may be able to help you with your PIP MR. The engaging face to face activity is relevant but your anxiety may also impact on other activities where you may need prompting and encouragement. If your anxiety is extremely severe you may be able to score points on the planning and following journey mobility descriptor.  CA will be able to help you with this. Good luck and let us know how you get on. 

Gcloud

@Sue_Scope yeah my anxiety was mentioned but the seem to have spun the social engagement part to make it so i got no points, I literally avoid contact with people as much as possible even people I know there is never a comfortable way to engage with someone this without anxiety having some manifesting presence, its horrible believe me i wouldnt wish it on anyone 

Sue_Alumni

Hi,
I do understand.  The assessment itself must have been really difficult for you and I know of people who barely  talk to the assessor at all and agree with everything that is said just so they can get the assessment over and done with.   The good news is that you can now challenge the DWP's decision.  If you are able to get help from Citizens Advice that would be great but otherwise look at the information regarding PIP on our website and Citizens Advice also has some useful information too.  
Check how to fill in your claim form - Citizens Advice
Keep in touch 

MarkM88

Dave6789 said:

I have similar issues ("mental heath"), the woman in the telephone assesment wasn't following their own laws about how to award points and I got zero points on everything.

That’s not helpful to put across on the community as newer members might read it. 

The healthcare professional does not award anything, they make a recommendation only. 

Sue_Alumni

Hi @MarkM88
Noted. Post edited.  Thanks for your input.  

Sue_Alumni

Hi @Dave6789
I just wanted to reach out to you as you shared with the community that you had a distressing experience of the assessment process.  I didn't want you to think that your experience had gone unnoticed. How are you doing and is there anything we in the online community can support you with ?