Appeal or not appeal — Scope | Disability forum
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Appeal or not appeal

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caine
caine Community member Posts: 3 Listener
in PIP, DLA, and AA
Hi everyone.
I'm actually looking for some advice/input so any help would be greatly appreciated.

My partner has been receiving the DLA high rate care and low rate mobility since 2006 for her mental health condition and knee issues. She had her first PIP assessment in June and due to what I can only describe as lies and blatant misinformation in her assessors report has barely and I do mean barely managed to get just enough points (8 for care and 8 for mobility) to qualify for the standard rate of both care and mobility. Now my issue is this, do we just accept the decision and move on with our lives or do I put her through the stress of an appeal and risk losing what little we have?
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  • susan48
    susan48 Community member Posts: 2,221 Disability Gamechanger
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    Hi @caine, was the lower award for a long period?
    Have you put in a MR?

    If you decide to appeal the tribunal will tell you at the beginning if there a chance you may lose what award you have to give you the opportunity to leave.

    The tribunal waiting list is very long so,e people are waiting a year for a date.


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  • caine
    caine Community member Posts: 3 Listener
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    We only received the decision letter from PIP today so as of right now I'm very unsure of how to proceed. The lower award is only for two years even though the assessors own report said that her condition isn't likely to improve before that time. This is my first time dealing with PIP and the first time that my partner has basically been made out to be faking/exaggerating her illnesses, she has been to  two ESA assessments and been placed in the support group each time and she has never had a problem in receiving DLA so now she's obviously upset as she nor I  can understand how PIP could have arrived at such a decision when she has so much medical evidence to support her claim.
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  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
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    Hi @caine and a warm welcome to the community!

    I hope you find this a helpful place to get support and advice from other community members. Here is a link to the Scope's website regarding the appeal process if you choose to do so.

    I wish you the very best of luck!

    https://www.scope.org.uk/support/disabled-people/benefits/appeals
    Scope

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  • poppy123456
    poppy123456 Community member Posts: 54,213 Disability Gamechanger
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    HI

    PIP and DLA are completely different. For PIP it totally depends on how your conditions affect you and not about a diagnosis. ESA is also totally different.

    You need to look at the PIP descriptors to see where she can gain those extra points. As she's been awarded 8 points for both then she will need at least another 4 points in each part for the Enhanced. Is this possible for the daily living part? There's also mobility part. Is she claiming for mental health and mobility or just mental health? There's no point asking for the MR if it's not possible to gain those extra points needed. More evidence will be needed.

    This PIP self test is just a guide on what she could possibly score.



    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
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    caine said:
    Hi everyone.
    I'm actually looking for some advice/input so any help would be greatly appreciated.

    My partner has been receiving the DLA high rate care and low rate mobility since 2006 for her mental health condition and knee issues. She had her first PIP assessment in June and due to what I can only describe as lies and blatant misinformation in her assessors report 
    Welcome to the world of misinformation, lies and subterfuge.

    PIP was set up by the government, ignoring all the spin and 'sincere comment's', to reduce what was being paid out under DLA by 20%.
    It is nothing more than a money saving exercise.

    As has been said, you will have to get an extra 4 points to be put in the enhanced bracket. Do you know where you could get those points for either care, mobility or both?  
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  • caine
    caine Community member Posts: 3 Listener
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    @poppy123456

    Thank you for your reply and to answer your question, yes, she could easily get an extra 4 points. Her assessor put in her report that my partner has no trouble taking her own medication, that was false as due to her previous overdoes attempts I keep it locked away and give her her pills when they're required however because of that piece of misinformation she was awarded 0 points, I also made it clear that I handle all the finances as previously when she was ill she would impulse buy so now she doesn't even have a bank card, her assessor however wrote that she had no problem with handling complex financial decisions and therefore she was awarded 0 points. She does have damaged tissue in her knee which causes her a lot of pain so she uses a walking stick but even that barely helps, she also can't leave the house alone due to her mental health condition which is why she was awarded mobility. 
    I do understand that PIP concentrates on the effects of her condition on her daily life but what I struggle to understand is how the DWP can accept the word of a stranger who met my partner for less than thirty minutes over myself and numerous doctors reports.
    I do apologize if this seems like a rant, I'm just very frustrated and confused at the moment.
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