Pip refusal

hannahsb89

Hi everyone. I'm here looking for a little advice please. So my partner (47m) has Rheumatoid Arthritis in both knees and elbows. He also has two tares in the muscle behind the right knee and a slipped knee cap. (It slips in and out often). He is on strong pain killers given by the GP. He is with a specialist team for pain management and has weekly physiotherapy. He applied for PIP in March of this year. Waited until last month to get a decision and it was refused. He did a mandatory consideration as we have found out today it has been refused again so he has one more chance to ask for a mandatory consideration. He has sent them all of the proof of his conditions (he has depression and anxiety also) and they have scored him such few points that it makes no sense. Does anyone know what he could do to make the next appeal more successful? He walks with a limp and a walking stick, what state do you have to be in to be deemed as disabled? It's craziness! Any advice would really be appreciated. Thank you all

calcotti

hannahsb89 said:

He did a mandatory consideration as we have found out today it has been refused again so he has one more chance to ask for a mandatory consideration. 

If he's had an MR I can't ask for another MR. He needs to appeal to the tribunal service.
https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/challenging-a-decision-by-the-dwp-or-hmrc/appealing-against-a-benefit-decision/

Hannah86

It’s really hard to receive points for certain things like getting dressed, going to the toilet and making food, taking medication and budgeting etc.
I don’t have depression an anxiety, I have epilepsy. Some of the points I receive are for safety reasons. Others are based on the other symptoms of my condition, like a bad memory and low mood.
The low mood and bad memory affect me more than the seizures themselves.
I don’t like meeting new people, an sometimes I don’t like meeting people I already know! I forget everything 🫤 so people help me with appointments etc. Having a low mood and being anxious can have a dramatic effect on your ability to just get up and get things done, it can also impact your memory. Mine is bad from brain scarring, but 100% stress and anxiety make it so much worse an if you threw pain in the mix too? Surely being in pain effects your memory.
being in pain and having limited movement is no doubt very soul testing, the best thing you can do is tell the truth, the impact it has not only on movement, but the effect it has on his motivation, his self esteem, his memory, and his ability to meet new people and retain information.xxx

elahrairah

almost everyone gets refused.  but almost everyone who appeals has it overturned, so you should appeal.  the refusal is all part of the game that the government are playing with our lives. 

calcotti

elahrairah said:

almost everyone gets refused. 

That's an exaggeration, although over half are refused.

poppy123456

elahrairah said:

  but almost everyone who appeals has it overturned, so you should appeal. 

That would be around 70% of those that either appear in person or have a telephone hearing. Paper based hearings have a much less success rate at between 5-8%.

MR decisions have a much less success rate and the most likely outcome will be decisions remain the same.

ameerah

Hi everyone I’m 44 just received my letter I’m not awarded I feel broken don’t know what to do I have pain all my right side I can’t lift my right hand I’m on the treatment my husband help to do everything 🥲.

poppy123456

ameerah said:

Hi everyone I’m 44 just received my letter I’m not awarded I feel broken don’t know what to do I have pain all my right side I can’t lift my right hand I’m on the treatment my husband help to do everything 🥲.

You can request the Mandatory Reconsideration, (MR) within 1 month of the date of the decisiion. You should put this in writing stating where and why you think you should have scored those points.

The most likely outcome of the MR will be the decision doesn't change. If this happens you can proceed to Tribunal.

There's lots of information over on the PIP/DLA section of the forum.