PIP, DLA and AA
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Should I risk appealing pip.

jacqui838jacqui838 Member Posts: 4 Listener
edited June 2018 in PIP, DLA and AA
Hi I'm currently on stendered . Rate on pip. And I'm. Appealing mobility as they gave me 10 points for this. However the question of planning and following a journey they will not give me the points for. I have given so much information for this and they refuse to accept that I'm not able to. No matter what I say they think I'm lieing. Been on pip for 2 years my review is in February 2019.. I have herd now to wait for the review instead of risking the appeal. I'm at that stage. And the affect its having on me dealing with them. There just so nasty and constantly tell me i can do all the things even though the medical evidence says I'm not able to and me. Any help would be really appreciated. 

Replies

  • markyboymarkyboy Member Posts: 374 Pioneering
    You are to late to appeal your award if your review is in Feb 2019 
  • littleruthie123littleruthie123 Member Posts: 490 Pioneering
    The million dollar question .happening so much at the moment .they seem too like not giving points even with evidence especially on this certain descriptor. Sorry I wish I had a more positive answer. It's a very hard process you do what feels right fir you goid luck
  • YadnadYadnad Member [under moderation] Posts: 2,862 Disability Gamechanger
    The million dollar question .happening so much at the moment .they seem too like not giving points even with evidence especially on this certain descriptor. Sorry I wish I had a more positive answer. It's a very hard process you do what feels right fir you goid luck

    I jumped off the PIP train. It's better for my health but tight on the pocket.
  • markyboymarkyboy Member Posts: 374 Pioneering
    I had this descriptor took of me at my last review 18 months ago i did not appeal against this particular descriptor as everyone seemed to lose it as the criteria changed  but when i went to tribunal about the moving around descriptor i won and the judge also gave me the planning a journey points back to my suprise so i went from 10 points to 16 
    On your next review if they still don't give you it appeal it took me 18 months to get a result but its sweet at the end ,one up for the disabled.
  • littleruthie123littleruthie123 Member Posts: 490 Pioneering
    Yes your right .they did that too my last time .couldent cope with challenging it then .I'm sure they will do it again so I'm challenging this time for sure 
  • littleruthie123littleruthie123 Member Posts: 490 Pioneering
    Did he backdate it all?.long wait
  • markyboymarkyboy Member Posts: 374 Pioneering
    Yes the increase is backdated 18 months
  • mikehughescqmikehughescq Member Posts: 5,778 Disability Gamechanger
    markyboy said:
    You are to late to appeal your award if your review is in Feb 2019 
    You cannot ever directly appeal a decision nowadays unless you have completed a review first. You can challenge the decision on an any grounds revision but you will need to show mistake or ignorance of a material fact and you will also need to be aware that your existing component can be re-examined. Whether that puts it at risk is impossible to determine on a web forum so you will need face to face advice to assess the risk to your current award as well as the merits of your challenge. 

    A few extra things to say.

    1) DWP do not think you’re lying. They weigh all the evidence (granted, often incorrectly) and arrive at a conclusion. It doesn’t follow that, because their conclusion is different to yours, they have concluded you’re a liar. It’s very unlikely two people looking at the same thing come to the same conclusion but not doing so doesn’t make one of them wrong.

    2) It’s hard to imagine what medical evidence would specifically conclude you could not follow a journey at all. How would a medical professional know that?

    3) To get from 10 to 12 points does not involve planning a journey. It’s exclusively about following. I’m wondering if you may have misunderstood the criteria. 
  • CharlesCharles Member Posts: 14 Connected
    Hi, apart from planning a journey, what is your application based on? Thanks Charlie
  • YadnadYadnad Member [under moderation] Posts: 2,862 Disability Gamechanger


    1) DWP do not think you’re lying. They weigh all the evidence (granted, often incorrectly) and arrive at a conclusion. It doesn’t follow that, because their conclusion is different to yours, they have concluded you’re a liar. It’s very unlikely two people looking at the same thing come to the same conclusion but not doing so doesn’t make one of them wrong.

    Sorry Mike but you have me there.

    If I know that I am telling the truth - say physically cannot walk more than 10 metres without falling over and the DWP based on the evidence that they hold say that I can walk at least 200 metres either I am completely mistaken or that I am a liar.

    And that two case managers looking at the same file/evidence could come up with two entirely different versions of fact is really ridiculous. 
    Based on that two situations could arise. 
    (1) that it depends if one case manager has  had a bad night and his wife has left him and the other case manager-
    (2) He has just been told that he has won the Euro Millions.


  • mikehughescqmikehughescq Member Posts: 5,778 Disability Gamechanger
    You make an assertion about your walking ability but the extent to which it is evidence will vary with how much you put in to support it. If we forget about HCPs and decision makers for a moment most people have some vague understanding that their own GP or their own consultant may well disagree with a self assessment. I’ve had client who say they could not possibly go more than 20m because that’s how far they do go before they feel they can go no further. When their GP says that’s entirely delusional; not medically backed up as likely or perhaps derived from a failure to do sufficient or appropriate therapy then, whilst many will disagree with their GP, those are all conclusions a medical professional would be entitled to conclude. Telling someone that their belief about what they can do may be an underestimate is a long way from telling them they’re a liar. It can be irrefutably the true belief of a claimant but medically demonstrable as wrong.

    Similar to an appellant describing the 30m wall to their local shop that’s the only thing they do walk. Google Maps then shows it’s 80m! One estimate was wrong. Nobody lied but only one thing is true. 

    Now that’s not to say one way or another whether the right conclusion was drawn in your case but I think it’s safe ground to say that nobody is saying you lied. 

    After my spine thundered to a halt in early 2014 I could honestly say that I could not sit in one position for more than 2 or 3 minutes without having to move and I could not stand for more than 5 without risk of buckling to the floor. A private Physio told me I’d better get used to it as it was going to be at that level for the rest of my life! They were wrong but...

     If a HCP had told me I could do better that I’ve a good idea of the kind of language I might have used. However a rehab Physio gave me two core strength exercises that within weeks improved that and a different private Physio produced a complete transformation within 6 weeks that has by and large stuck provided I maintain my core strength. 

    Given access to a claim pack; medical history and records it would be open to a decent HCP to conclude that my assertions as to my ability were an underestimate.

  • jacqui838jacqui838 Member Posts: 4 Listener
    Thanks everyone for your advice, sorry so late to reply. I have now appealed to the tribunal and just waiting on a date now. This process has been exhausting . My mum use to help me with all of this and she recently passed away. So been on my own with it. I'm. So scared being questioned by 3 people. And have herd many bad stories. I'm.not asking for more living allowance as what  there giving me is helping. The DWP found it odd that I only asked for appeal on mobility. Surly it would be wrong for me to ask more on living allowance when what they have awarded me is enough. It's the mobility that's really causing me daily battles. Should I have asked for them to look into everything again.  I'm new to this. Have worked all my life. I hate having this lupus and there is no cure for it. I'm not even able to go out in the sun as I instantly blister all over my body
     And my ammune system is attacking itself. Plus it's all in my joints.  And I use to work for DWP in state pension. Gone from being a working mother having a life. And now I'm existing and I'm only 38. 
  • mikehughescqmikehughescq Member Posts: 5,778 Disability Gamechanger
    If DWP find something odd you can pretty much take it as a given that it generally is nothing of the sort. 
  • Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
    Jacqui838 good luck with your appeal. I have lost the mobility component even though I can’t walk without being in pain , this has been backed up by letters from my specialist. The assessor however has written that I refused to do the lower body part of the test ( I didn’t) and have taken my cognitive ability into consideration. I didn’t know that would come into my ability to walk . I have sent of to appeal but am considering withdrawing it because I might lose the award I have for daily function. It is a minefield and very stressful. Good luck hope you win your appeal 
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    @Jaytbm1,
    If you go to Appeal  the tribunal will advise you at the beginning if they’d a possibly of you losing the appeal and give you the chance to stop the appeal and stay in the award you received after your f2f. 
    So you’v nothing to lose by going to the appeal because they will tell you before it starts if you might lose.

    good luck 
  • Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
    Thank you Susan48 
  • mikehughescqmikehughescq Member Posts: 5,778 Disability Gamechanger
    You could indeed find that your award goes down rather than up but in order to properly assess how real the risk is you need face to face advice
  • WaylayWaylay Member Posts: 921 Pioneering
    @jacqui838 I feel for you. I injured my back and ended up unable to leave the house 5/7-6/7 days. I was 33. It sucks when you're so young. :/
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