PIP Headache

JohnLFC

Hey everyone

I am new here and had a nightmare so far with my PIP claim, I started my claim in January 22 and sent in my how your disability affects you form and waited for a while and did not hear anything, I phoned in a few times for updates and they advised they still did not have my form but the claim will proceed and it will be added to my case once it has been received. I followed up again a few weeks later and was advised to call the independent assessment team for an appointment, I did this and was booked in for a telephone appointment, I explained a lot of very painful issues I suffer from and the reasons I suffer from my mental health conditions, I also suffer from physical illnesses too.

I would say a vast amount of what I told the nurse was ignored as it has not been put on any part of the form. On the same day as the telephone assessment, the DWP sent a letter to me advising I did not qaulify, I asked what information had been used and they advised they did not have my own application form so had used the telephone report, I filled in the form again and sent it requesting the reconsideration, while I had been sending back the application form again they had issued a copy of the report which had crossed over in the post. 

I have asked for a tribunal and sent in 9 pages of typed notes with each section linking to the telephone report advising what I had told the nurse but had been misunderstood or completely missed off my report. I received an email and text message today from the appeal saying

"DWP has responded to your Personal Independence Payment (PIP) appeal. They should have sent you a copy of their response in the post, unless their response is late and a judge has directed that the appeal can proceed without one. Read their response and send your comments to the tribunal, if you have any. A tribunal panel made up of a judge, doctor and disability expert will hold a hearing for your appeal. You have told us you do not want to attend so you will receive the decision in the post, after the hearing has taken place. Unfortunately we cannot say how long this will be but it could be several months."

I had already sent an email on Saturday requesting an urgent appeal, I had been advised to do this when I telephoned a few weeks ago for an update from the tribunal service as I explained the ongoing waiting is impacting my finances, mental health, and overall wellbeing because I do not feel that my conditions are being taken seriously because the most vital parts and reasons I provided to the nurse are missing.

Any advice would be most greatly appreciated 

poppy123456

I note that you’ve requested a paper based hearing. Are you aware that the success rate of those is extremely low at between 5-8%. You can request a telephone hearing if you can’t appear in person but I urge you to do this so that you can tell them in your own words how your conditions affect you. 

Appearing in person/telephone hearings have around 70% success rate so you can see there’s quite a difference.

JohnLFC

poppy123456 said:

I note that you’ve requested a paper based hearing. Are you aware that the success rate of those is extremely low at between 5-8%. You can request a telephone hearing if you can’t appear in person but I urge you to do this so that you can tell them in your own words how your conditions affect you. 

Appearing in person/telephone hearings have around 70% success rate so you can see there’s quite a difference.

Hi

I already have a lot of issues talking to people on the phone and face to face which is part of my health conditions and the fact nearly everything I explained to the nurse during the assessment on the phone was ignored and not noted has just made it even worse for me to feel like it is worth me trying with it, just the thought of some of the facts I shared brings me into near panic attacks, it has never been easy for me to explain the background of when my issues started but the treatment by them so far has just made it so much worse.

RavnicaRaven

I have the same problem here, It seems to be very biased towards just physical disability. I have mostly severe mental health issues and quite a few physical. I scored 0 on everything as on phone call I apparently "sounded fine" I was crying throuought as it was humiliating and explaining past trauma and PTSD plus body issues issues is harrowing. The assessor lied and my account sounds nothing like what I said, they even put down that I make "deliveries to people" and "go on walks and meetings with friends" which is totally false and I don't even know how they came to that conclusion when I don't leave the house. Mandatory reconsideration was a carbon copy of 1st letter and I'd need to go to tribunal to get overturned but I'm too mentally unwell to do it.
I think that's what the DWP hope for TBH. 
Not sure what the solution is a CA are overwhelmed.

poppy123456

RavnicaRaven said:

I have the same problem here, It seems to be very biased towards just physical disability.

It's not at all. There's many people that claim PIP for mental health reasons. There's several activities for the daily living part that can apply to those with mental health. For mobility then you would need to look at following and planning a journey, moving around if for those with physical conditions.

It's not unusual for the MR decision to remain the same because only about 27% of decisions change at this stage.

If at a later date you decide to request the Tribunal, You do have 13 months to do so. You will need to give a reason why you didn't request it within the first month. I would advise you to go down this route rather that reapply because doing so using the same evidence you previously used will likely see another refusal.

You can request a telephone hearing if you're unable to appear in person.

RavnicaRaven

For the people saying it is not biased against mental illness, I'm surely that it IS the case if Tribunal in person and on phone has 70% win rate and OP was advised on here a paper based evidance is 5-8% win rate then it does discriminate against those who cannot do phone and in person hearing due to mental health issues, as being able to do the phone call or go in person gives you a higher rate of sucess or am I missing something on that? 
Also all the people I know applying for PIP with both mental and physical conditions were rejected for PIP but the ones with exact same physical issues but no mental health ones got approved.
It seems to me that DWP are targeting those with MH issues for rejection as they are statistically more likely to not take it further.
I did write in with a lot of evidance on the mandatory reconsideration but scored 0 on everything both times.
Even the health assessor for universal credit only got halfway through just my physical conditions before awarding me maximum support on that.
Fighting this has made me more ill if anything.

poppy123456

RavnicaRaven said:

For the people saying it is not biased against mental illness, I'm surely that it IS the case if Tribunal in person and on phone has 70% win rate and OP was advised on here a paper based evidance is 5-8% win rate then it does discriminate against those who cannot do phone and in person hearing due to mental health issues, as being able to do the phone call or go in person gives you a higher rate of sucess or am I missing something on that? 

I completely disagree. There's just as much chance of a claimant that doesn't suffer from mental health conditions not to be able to either attend in person or have a telephone hearing. Success rate of paper based hearings has always been low and it's nothing to do with mental health conditions. HMCTS are impartial to DWP. 

RavnicaRaven said:

Also all the people I know applying for PIP with both mental and physical conditions were rejected for PIP but the ones with exact same physical issues but no mental health ones got approved.

PIP isn't awarded based on any diagnosis and you certainly can't compare 2 people. You could have 5 people in a room and 3 may score enough points to be awarded, 2 may not. There are some people that just don't meet the criteria. You can have a disability but not qualify for PIP because if you don't meet the criteria and score enough points, there won't be an award.

RavnicaRaven said:

It seems to me that DWP are targeting those with MH issues for rejection as they are statistically more likely to not take it further.

Not true at all. There's people with physical conditions that are also refused, it's not just those with mental health.

We have a lot of members that suffer mental health and/or physical conditions who've been awarded. We also have some that were refused.

My daughter claims Enhanced for both parts and her conditions are not physical. My friends daughter also has the same award and her conditions are not physical.

RavnicaRaven said:

Even the health assessor for universal credit only got halfway through just my physical conditions before awarding me maximum support on that.

No, they didn't because the assessor doesn't make decisions, they make recommendations only. Only a DWP decision maker can make decisions.

RavnicaRaven

@poppy123456 Just because your daughter has got enhanced previously for MH with no physical doesn't mean all assessments are fair and good, I am aware that MH SHOULD be able to score high on PIP I am saying that very similar forms we all filled in have been treated completly differently.
The health assessor was from ATOS i'm guessing, A friend took me to it and was witness that they did 1/2 the assessment. They asked me questions and tried to get me to do things like lift my arms and legs off the floor and do painful tests like putting them behind me etc, they went through HALF the form then said they didn't need to see any more. If she was not making the decisions then how on earth can she do only 1/2 the assessment then advise me to apply for PIP as well?
If it's sent elsewhere wouldent the DWP decision maker ask where rest of assessment was? No it's outsourced to various CAPITA departments.
I used to work for a place which was listed as a charity and community association and we would do the Workplace assessments AND decisions all in house on DWP systems Avanta and Eptica and issue sanctions etc and we were NOT DWP or trained in any way other than being admin but were doing things only DWP are meant to do. I've seen it 1st hand. I whistle blew on a load of it to someone who can take what I saw further before leaving. But people like you calling people who have seen these things 1st hand liars are part of the problem.
I'm not looking at anymore of this forum I've seen enough.

poppy123456

If you think that the health assessment providers make the decisions then you carry on thinking that but it's not correct!

ChiChi

Part 1.1.1 explains WHO PIP is for.

Cartini

RavnicaRaven said:

 But people like you calling people who have seen these things 1st hand liars are part of the problem.
I'm not looking at anymore of this forum I've seen enough.

You are completely out of order.  Poppy (and others) give up their time to advise people who are seeking help and / or advice.

You need to research the difference between "lying" and "experience", because you clearly can`t tell the difference.