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Appeal

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  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
    Thanks @Username_removed. Yes the first w r o I gave her a few chances to show me that she had an empathy of knowledge of mental health issues and how they affect me day to day, and that people can work and get pip but she had nothing to give but negativity. So thats why I wanted the change. I previously had bad experience of cab rep who was useless as well when I needed help with esa a couple of years ago, doing everything myself as if they werent there right up to tribunal on and off the esa merry go round. I failed then and I think it was down to lack of proper representation. Its not just me thst says that. My mental health rep is a very experienced and knowledgeable person who is backing me 100 percent. 
    I think the welfare rights and cab services are overwhelmed with clients needing help now. Its showing in their piece meal representation in my view anyway. I will chase up getting an adjournment. 
    I think its fair to say a family bereavement is a valid reason. Thanks for your condolences and advice. Just what I needed.
  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
    Ive telephoned the office as I cant get hold of my WRO and they have requested a postponement. I will hear in writing.
  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
    My new WRO finally called me back today after me leaving several messages. He had no idea about my circumstances and barely knew my name yet he expected to accompany me to an appeal in a few days. I am rather disappointed. Anyway I told him that I had to contact the board myself as I couldnt get a hold of him and he just said okay I will email them as well. (shrugs)
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    edited May 2018
    Thanks @Username_removed. Yes the first w r o I gave her a few chances to show me that she had an empathy of knowledge of mental health issues and how they affect me day to day, and that people can work and get pip but she had nothing to give but negativity. So thats why I wanted the change. I previously had bad experience of cab rep who was useless as well when I needed help with esa a couple of years ago, doing everything myself as if they werent there right up to tribunal on and off the esa merry go round. I failed then and I think it was down to lack of proper representation. Its not just me thst says that. My mental health rep is a very experienced and knowledgeable person who is backing me 100 percent. 
    I think the welfare rights and cab services are overwhelmed with clients needing help now. Its showing in their piece meal representation in my view anyway. I will chase up getting an adjournment. 
    I think its fair to say a family bereavement is a valid reason. Thanks for your condolences and advice. Just what I needed.
    I'm hoping for you that the Tribunal see sense, something that the DWP is sadly lacking.in.

    I had a DLA review years ago but due to the fact that I was in hospital (life & death situation) for many months, and not being able to hold a pen never mind write with it, the DWP in their wisdom put me down as a 'failure to supply evidence/information within 30 days' and stopped (closed down) my ongoing HRM & HRC DLA award. Seems that even if being in a HDU bed  the DWP consider it remiss of me for not filling out the form in good time. It took me a further seven years to get the DLA reinstated with those 7 years of money lost forever. 
  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
    That’s awful @Yadnad. Yes my meeting has been adjourned. 
  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
    I got a new date June 12th one week after my dad’s funeral but hey ho
  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
    I met with my WRO today he says it’s unlikely I will meet the minimum requirements for daily living for pip. He says that as I work part time I will be viewed as capable. He said I’m more likely to succeed on the mobility requirements. It’s so disheartening that I’m being discriminated for working part time which is part of the process of improving my mental health. I don’t even earn anything as I’m on jsa. The work is supported by a mental health charity and jcp but could be stopping me getting pip! 
  • susan48
    susan48 Community member Posts: 2,221 Disability Gamechanger
    I was getting PIP when I was in paid employment, also didn’t realise I could have had WOrking tax credit. Only found that out when they back paid it into my account!
  • susan48
    susan48 Community member Posts: 2,221 Disability Gamechanger
    Working should not affect your claim, voluntarily or otherwise 
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    susan48 said:
    Working should not affect your claim, voluntarily or otherwise 
    It would if the DWP could draw inferences from it that they believe contradicts any statement or claim made in respect of the PIP application and award.
    There have been many high profile prosecutions of claimants - mainly DLA -  thinking that they can just get on with their life and work.
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  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    edited June 2018
    Victoriad said:


    So it seems that DLA can be the contradiction between basis of award given and taking part in work.

    In my experience this does not seem to be the case for PiP daily living allowance where no claim for mobility being made.

    But then I suppose each individual case is different.

    Put it this way if part of my award had been for engaging with others and I had been granted 8 points for the following:

    d. Cannot engage with other people due to such engagement causing either – 
    (i) overwhelming psychological distress to the claimant; or 
    (ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person, 
    and 
    a further 6 points for:

    d. Cannot make any budgeting decisions at all


    With the voluntary work I do both as a Town Councillor and Chair of Board of Directors and Vice Chair Board of School Governors responsible for finance, I doubt that the DWP would have allowed me to keep those 14 points when I told them what my voluntary work was.
    PIP is no different to DLA - if you are awarded either for a reason and the DWP believe that the work you do contradicts what you have claimed for you could be prosecuted for fraud.
  • [Deleted User]
    [Deleted User] Posts: 1,741 Listener
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  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    edited June 2018
    Starting work is not a relevant change for DLA or PIP. Everything else is just saying that whilst it isn’t in itself it could be if the nature of the role suggests clear functional improvement.
    Thanks Mike, that is what I have been trying to say. If there is a contradiction between the work you do and the descriptors awarded.

    The next question will obviously be - should you tell the DWP that you have started to work which we all know will result in a re-assessment.
    Or, should you only notify the DWP if you think that there are any changes to the descriptors that you were awarded?
    If the latter, then you do run the risk if someone decides to inform the DWP that you are now working and you haven't, of being investigated with the suspension of your PIP in the interim.
  • susan48
    susan48 Community member Posts: 2,221 Disability Gamechanger
    I’m sure the DWP would find out if you started working, HMRC
  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
    The DWP know I’m working . It’s a supported work scheme pilot being rolled out between the jcp and a mental health charity. I couldn’t do the work without the support. But trying to argue the case for pip while working seems to be an uphill struggle. I’m wondering now am I doing myself a disservice by working when it makes me appear more able to some people and may stop me getting the benefits I need to live more independently. It’s a catch 22 for me. It’s the way the descriptors are worded that hinder folks with mental health and how they are interpreted in real life. At the end of the day my job is temporary and my mental health is not. But I’m still going to try as I agree it’s about personal independence . 
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