Denied PIP from review.
Since 2001 I have been diagnosed with Autism spectrum disorder & ADHD, amongst other difficult health problems that have left me with the inability to be part of the work place.
As such, I firstly had DLA, which was eventually given as a lifetime award from the age of 12, not the tip top, it was middle rate care, low rate mobility.
A number of years ago now I was switched over to PIP & on my first ever assessment I was offered only standard rate mobility, even though my condition is predominantly mental health that affects physical health.
I took this to tribunal & it was dragged out by the DWP & tribunal for just short of a year.
I was then awarded standard care, standard mobility & I accepted it as that is what I always had with DLA.
unfortunately, I was up for review again 2 years ago & because of the back log, I only had my assessment 6 weeks ago & subsequent decision last week, this time, even though I know I scored enough points on both, either the assessor or the person at the DWP changed my answers to give lower points totals so that I didn't meet the threshold for either.
Even though they have all of my information, they have decided to ignore the evidence, ignore & change my answers & now I'm genuinely fearful that I'm going to be without that vital money for another extended period of time, losing that money has almost halved my income.
And I'm genuinely at a loss, I don't think that I could possibly survive without it...
What do I do... I've asked for a mandatory reconsideration but if it gets to tribunal & I lose... my life is over.
Comments
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Hi @Fletch90, welcome to the community. Sorry to hear you've been turned down and how much it's affecting you. That's so frustrating and it's understandable that you're feeling so fearful when it's such an important lifeline. You definitely wouldn't be the first to say your decision didn't match the information you gave the assessors, I know many of our members will be able to empathise with what you're going through.
Have you ever had any assistance from a benefits adviser? They may be able to have a look at your case and help you through the appeals process so you don't have to go through it alone. Turn2Us have an advice finder to look up any local organisations that could help:
I'm sure our members will have some good advice too, so I hope they can share some of their experiences.
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I've spoken to my carer & what we are going to is, is get every last conversation with my Dr's, therapists right from birth, surgeries & everything in between which is over 100 pages of information & submitting that, it'll then be something they can not ignore, they did have a list of diagnosis, Dr's letter, carers letter etc but they seemingly do not care about that, so, if it's going to go to tribunal, which I think will probably happen at this point, at least the judges will get to see the sheer magnitude of evidence before them.
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I'm sure that the Tribunal will be more than happy to read the 100 + pages of history.
Unless you phrase your PIP claim explaining how your life is affected AND relevant to the descriptors AND with evidence to back up how the descriptors fit your difficulties I'm afraid that you may not succeed at a Tribunal
My GP had a copy of the descriptors in front of him and wrote a 3 page letter explaining my difficulties and which descriptor was relevant to them.
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Hi Yadnad, this will be my 3rd tribunal since being forced on to PIP, each time I've overturned the decision through tribunal with the evidence that's already present, it's just frustrating that they do this every single time, even though they know the eventual outcome.
They are just wasting tax payers money trying to take it off of me, likely more than I would actually get from them in my lifetime because I only get standard/standard.
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I feel for you. Sorry you are going through this I have just had to have my review as only got an 8 Yr award for pip due to end Dec 2025 did my form Sept 2024 whilst very poorly cld barely write.
JusJust had a txt today sating my decision is in the post. I jave serve acute asthma am on over 20 different meds have home oxygen nebs etc on really strong painkillers oxycodone shortec and lingtec that knocks me for six this is due to 8 strangulation hernias ops in 2 yrs causing alot of escare tissue damage and nerve ending damage. I also jave a clotting disorder so suffer from dvts and pulmonary embolism on I junctions for this. I have an auto immune problem due to the drugs I am on and in the last week physio think I have bad arthritis in hip and may need a hip replacement at 42 due to high permanent steroid use. I did score 4 or more in atleast 1 daily living component and way over 12 points altogether and highest points for mobility. They have not asked for another face to face review I don't know if that's good or bad but jave this feeling they are going g to stop everything. Hooe you get sorted
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@Fletch90 its just appalling. I'm so sorry you're going through this.
I would definitely urge you to ask for an MR and then progress to Tribunal if needed.
When I went to Tribunal in March 2024 (my assessment was Dec '22) I supplied c 220 pages of evidence. All of it relevant (not appointment details! But assessments, results etc). I was told by the Tribunal Admin present that the panel had scheduled the day prior to hearing my case, to go through all the evidence which they did.
The Panel were sympathetic towards me and seemed pretty hacked off with the DWP whose representative was present and forced to apologise to me.
So don't be reluctant to supply everything that you feel is appropriate.
From the time of my assessment/MR, I supplied information to the HMRCTS on an 'ad hoc/piecemeal' basis, as and when I had the information.
I was a bit worried at the copious amounts being submitted but glad i did, basically if the DWP/PIP cannot be bothered to read it (and shame on them) then its on them how much Tribunal time it wastes, not on me.
It'll be likely to be c 300 pages plus next time after an additional 20+ diagnoses, and how they affect me daily) since.
All the very best to you, we're here to support you ๐ซ.
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PIP is awarded based on how your health problems affect your daily living and mobility. You must focus only on the difficulties you experience โ not on your diagnosis. The diagnosis itself is not considered for PIP purposes.
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Although I appreciate this insight, I know they don't focus solely on diagnosis, as often people with various condition can do a lot more than others with the exact same conditions.
I've been through this process several times, it's more frustration than fear, as I know I will win at tribunal, I just believe the process is flawed & stacked against the disabled.
They often bank on people being too anxious or scared too make a challenge & more often than not, it works.
Luckily for me I do have a carer, I do have a support structure, it just sickens me that the process they use is designed in this way.
They seem to especially dislike the mentally ill, even if those mental conditions create physical conditions.
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I totally agree with you @Fletch90. I'd just add a couple of points/very slightly different angle.
Whilst I know/understand that we have to focus on how it affects our daily living/mobility, it doesn't make any sense to me why somebody would not include diagnoses (where they have them).
- One can only apply for PIP if the health problem has been present for 3 months and will last at least 9 months - if there was no mention of diagnosis how the heck would they know the likely timescale or prognosis, progressive nature, and, therefore, how long it's likely to affect the claimant. i.e I have intermittently very poor vision: nuclear sclerosis (cataracts) and corneal dystrophy and at some point will go on waiting list for corneal transplant. In addition to c 30 other diagnoses many of which affect another, to some degree or other and most affecting my functionality/daily life. If I only wrote i have blurred vision (and not why) that could be from blood sugars. Or I need new glasses! Whatever health point I'm making I'd still be linking it to how its affecting my daily life or mobility in a detailed way, as per the descriptors.
- As a nurse I was always, whichever job I was in, having to consider a patient's co-morbidities, not least because they could likely impact recovery/rehabilitation/ risks and multiple medications which may be contraindicated. Whilst I appreciate the Assessors are their to assess function etc, not focus on diagnosis (or the above mentioned points necessarily), it's often only from multiple tests and assessments that we reach a diagnosis - a point we only get to because of signs and symptoms which are adversely affecting our daily lives.
I honestly don't know if I'm missing something in not understanding why the diagnosis doesn't matter as so many mention. Sorry this is so long and if I'm just stating the obvious. Not surprising perhaps that the Tribunal took a day to go through my evidence ๐คจ๐ .
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