Annoyed at how my PIP claims have been going

Fifion

I just joined to say this. I was recently diagnosed with having autism (I'm 25F) but we (me and my family) started trying for PIP before then. They denied my original claim, we went to try again telling them this time I was diagnosed with having autism, just received a letter and they refused me yet again and in the letter it states "having certain medical conditions do not mean you're entitled to PIP" or something or other.

I'm getting annoyed and anxious now, this means I'll have to go to a tribunal so does this mean I'll be in a courtroom like setting where everyone would be focused on me? I hate the sound/thought. I read on another website that I'd be separated from anyone I bring in to help me and that is also causing me mental stress. My aunty did say she'd try to go to an MP or someone because she was a care worker and she knows I'm very much entitled to it. When will this stress be over? Its been going on since late last year 

Tori_Scope

Hi @fifion Welcome to the community!

having certain medical conditions do not mean you're entitled to PIP

I think what they mean by this is that PIP is awarded based on how your condition affects you relating to the descriptors (pipinfo.net), rather than on what your diagnosis is. 

A tribunal isn't like a court, thankfully Many people do find it an anxiety provoking experience, but we've heard from people that it's not as scary as you might fear. 

Citizens Advice have some information about the tribunal, which you might find helpful to read. This page notes the following:

The appeal tribunal hearing is informal - you won’t be in a formal courtroom full of people. The hearing panel will be a legally qualified judge and up to 2 other independent people, including a doctor. They’re called the tribunal board. Someone from the DWP might attend too but only to make their case - they won’t be involved in the final decision.

This is what you can expect at the hearing:

• the judge will introduce the tribunal and explain what it’s for - they might call you ‘the appellant’ and the DWP ‘the respondent’
• they’ll ask you questions about your reasons for appealing, and get you to describe things like what you do on an average day
• if someone from the DWP is there, the judge will also ask them questions
• if someone goes with you, they might be asked if they want to say anything
• once everyone has had a chance to speak, you will be asked if there’s anything more you’d like to say - so if there’s anything you want to add or clarify, you can
• you'll be asked to leave the room while a decision is made
• you’ll be called back into the room and told the decision, although occasionally you may have to wait 3 to 5 days to get a decision letter in the post

If you haven't already, I'd encourage you to seek expert advice. You can find support in your area by searching on advicelocal.uk. 

Fifion

When we had the letter back from the first claim, they stated things in the letter that weren't even discussed. Apparently I can make big decisions when it comes to money, we didn't even talk about money and I can't do anything like that with money because I've never had it. They came to that decision based off an hour phone call, they assumed I could do things when me and my family know I can't. My family will deal with finding out information and support for me because it's too much for me to comprehend. This whole thing is stressing me out and seeing all those 0s, again is making me sad

poppy123456

The first step to appeal is to request the Mandatory Reconsideration (MR. A different decision maker will take another look at your claim and make another decision.

For this you should put it in writing stating where and why you think you should have scored those points. Include a couple of real world incidents of exactly what happened the last time you attempted each descriptor that applies to you. Adding detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were.

Timescales for the MR is anything up to about 12 weeks. The most likely outcome will be the decision will remain the same. If this happens then you can request the Tribunal.

I'd also advise you to get some expert advice from an agency near you. https://advicelocal.uk/

Fifion

Wasn't the second time just that? On the letter it said it was a mandatory reconsideration I think 

Alex_Alumni

Hi @Fifion I'm really sorry to hear what's happened, it's understandable that you're feeling quite stressed.

Do you know if the letter said it was a Mandatory Reconsideration Notice? 

Appealing to Tribunal is the second step of challenging a PIP decision. You can normally only appeal after you have got a Mandatory Reconsideration Notice.

The Mandatory Reconsideration Notice is a letter which tells you if the Department for Work and Pensions (DWP) changed the original decision or it is still the same, and why.

If you disagree with the Mandatory Reconsideration Notice, you can appeal to a Tribunal. The Tribunal is separate to the DWP. 

Turn2Us have advice and information on appealing to Tribunal if that is what you'd like to do, and we can help support you on the community too. 

Please do reach out if you ever need support with your mental health, talking about things can sometimes be really helpful, and knowing that you're not alone in this. 

If you need anything else, please do say

Alex

calcotti

Fifion said:

Wasn't the second time just that? On the letter it said it was a mandatory reconsideration I think 

Yes, if it's a Mandatory Reconsideration Notice the next stage is to appeal to the tribunal service.

poppy123456

Fifion said:

Wasn't the second time just that? On the letter it said it was a mandatory reconsideration I think 

Sorry, i misunderstood what you said. When you said you applied and was refused and then tried again, i didn't realise you meant the MR.