SUCCESS: PIP appeal — Scope | Disability forum

SUCCESS: PIP appeal

jemmam88
jemmam88 Member Posts: 8 Connected
edited September 2018 in PIP, DLA, and AA
I appilied for pip in may 2017 for anxiety, panic attacks and depression. I have suffered with the above for over 10 years. I attended the assesment with my sister. I was awarded 2 points on daily living which was for engaging with other people. Also 4 points for mobility. Due to points rewarded i was not awardrd any form of pip. So i wrote a mandatory reconsideration letter explaining where the assessor had gone wrong. For example i struggle with nutririon so i explained that altough the assesor said i had no eating condition and no medical input . I explained that i have regulary visitied my dr in regards to my eating and that i have a fear of choking and find it very difficult to eat alone which is True i have suffered over 10 years. My point is its not about the assesor saying i looked well and i dont have an eating disorder. its about how taking nutrition effects me and what help i need to help in taking nutrition.   So on Md i went through the points where i disagreed and made my point of how i am effected. The MD was rejected so i appealed to the tribunal .
I got my first appeal date in june 2018 1 year from my claim. 9 months from my 1 st assesment. My sister and i attended the tribunal there was a judge a doctor and someone from a disability organisation. The judge introduced everyone. Anyway it was over within a few minutes they had adjourned so they could have acces to my medical reports to which i had to sign a document at the court...very annoying waiting all this time for it to be adjourned for medical records. However the process was very quick my doctor must have responded quickly as 4 weeks later i received a copy of my medical record which they requested from 2016/2018 also with a new court date which was for 4/09/18. So approximately 2 months from the 1st tribunal i was back at the tribunal. I attended with my partner  entered a room again 3 people on the pannel the judge made me feel at ease he was very pleasant he stated i had nothing to worry about and that they are independant from dwp and that i should answer the questions in my own time. They asked me a few questions to which i had disagree  on on the Md and i explained how i was effected i felt comftable and confident as they had my medical records and it states the numerous discussions input ive had from my DR and the ups and downs with medication due to fear of choking medication is also a struggle over the last 2 years alone. I was told they had all they need and they needed to now look at what i have told them. I went back to the waiting room about 5 mins the clerk came and got me and my partner i went back into the room the judge said the appeal was succesful and awarded me high daily living and standard mobility  from when the claim started 05/17- 05/21. Its been 15 months feels like forever but i am happy with the outcome. Throughout  i relied on reading up on every possible site peoples exspeirence as i was so anxious about the whole process. So i tought i can now add my exsperince and hope it can help someone going through same process.

Comments

  • easy
    easy Member Posts: 164 Pioneering
    Thanks for that. It is good to hear when things go right.Congratulations.
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,565 Disability Gamechanger
    Hi @jemmam88 and a very warm welcome to the community! Thank you do much for taking the time to share this with us all, and congratulations on winning your tribunal! I wish you the very best of luck for the future and please do let us know if we can help in any way :)
    Scope

  • Adi72
    Adi72 Member Posts: 47 Connected
    @jemmam88 Thank you for writing about your experience.I am my daughters Appointee and it has been some time since applying.We are now at the appeal stage and have been asked for permission for the trubunal to see my daughters medical records.Of course I am worried that there may be things in there where a doctor has been negative(as they have been over time) or put in the notes something which may make light if my daughters illnesses.She has mild depression,anxiety,social anxiety,digestive issues which are ongoing due to taking months and monthsbti diagnose,back pain and rib pain on and off through the day due to rotated rib cage and scoliosis.I just hope they dont just take the doctors word for it and that they trust in what we say too with how she us daily.She has missed out on school and now has lots of professionals to support her and hopefully she will be given a college tutor at home 1-2 hours a week.Oh I forgot she also has chronic fatigue(undiagnosed but effects her daily and she cannot do much due ti all her conditions).

    im so glad to see a success story its helped me alot as most are negative.Thank you😊Adrienne
  • debbiedo49
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    Congratulations 
  • jemmam88
    jemmam88 Member Posts: 8 Connected
    Adi72
    I was very worried about my medical report too. I mean i know i had been to doctor on numerous occasions over 10 years and like you said at times i felt maybe not taken as seriously as id of liked....its very hard when you feel helpless and not getting anywhere. I weren't sure what Drs notes would say but they literally are write ups of The reason you visited and what was said in a few words nothing in detail. You will get a copy before you get your next tribunal date so gives you a bit of time to look through. It always helps that its on record you've visited the Dr i dont think that they stand by every detail of what was said i think the fact your daughter lives with the pain and the emotions  she has and you can also vouch for her ( which they will ask for your  exsperiences as her appointee/carer) they give you that time as you know her best. They will want to hear only from her at 1st. My advice dont feel you have to justify to anyone or make them belive you say it how its is and stay on track with the question.  They do say things like how often, when was the last time etc . I hope that helps if you need any further information . Please ask i will try my best to explain
  • Adi72
    Adi72 Member Posts: 47 Connected
    @jemmam88 Thank you for your reply.I guess im just very scared at the moment.What they will ask,will I say the wrong thing or too much,what if she isnt ill enough for the award,will it go through and how long will the award be.The uncertainty is very unsettling and ive lost all my benefits because her dla stopped and applying and waiting for pip.
    I do have a rep from the cab to help and also support from a lady from Contactafamily who helped me apply for Interruption to Education for tax credits and child benefit.I think that may have gone through but im not postive yet.😳
    We havent had a date for tribunal yet we justs had a letter asking for a signature for medical notes to be accessed and sent to them.I was hoping for a date in November but I think itll be longer now.I have written to my doctor and asked politely that when she gets the request could it be dealt with as briskly as possible as it is very important.

    Yikes,im so exhausted.x
  • jemmam88
    jemmam88 Member Posts: 8 Connected
    My Dr was very prompt in getting the medical records to the tribunal. To be honest sounds like you have had a lot of input so i wouldnt worry to much easier said than done i was convinced i would not win. Untill i did.
    Just be yourself and just explain how it effects your daughter i.e her ability to wash when she is depressed she may like me spend periods of time in bed where she lacks the motivation untill someone i.e yourself will have to encourage her how often is this happening and how long. For me i said i will average it to 2 consecutive days in a week and when im worse or feeling down can be longer. That goes for all the activaties that you are disputing. If she dosent do somthing well with out your input she needs to tell them that. Like i dont feel safe mixing with people i dont know because i become overwhelmed with anxiety i have panic attacks which can make me angry towards other people i blame them for making me anxious..i cope better when i am with someone and sometimes that dosent work. These are the things when asked i answred so it is literally how your daughter is and how she is doing the activaties if she can do them but its a big struggle. everyone is different and disabilities come in different forms. See although my Dr knows i have anxiety/depression only i can answere how i feel and what happens when i struggle.
    I hope you hear soon. If your Dr is quick id say you could have a tribunal a month from they recieve the report's.  Remember mostly the tribunal is on your side there not there to rip apart your daughters problems and how she feels they just want her to tell them so they can score her correctly.
  • Adi72
    Adi72 Member Posts: 47 Connected
    @jemmam88 Thank you so much for your reply.It helped so much.I havent been well last few days as its all quite stressful and overwhelming.I will reply properly later.Thanku so much again xx
  • KAR
    KAR Member Posts: 13 Listener
    On this thread of visiting doctors, it is worrying that applicants should feel they have to keep taking up the time of a GP just to maintain an ongoing record of chronic physical problems. But this very much seems to be the case for me.
    All my problems stem from being a passenger in a car accident way back in 1981, where I had multiple fractures down my right side. Leg shortening from the femur break means that my pelvis is tilted and I suffer pain in the lumbar region, whilst a recent arthroscopy is trying to hold off a replacement to my right knee. The left hip and knee are also painful and unstable because of the work they have had to take on from the damaged right side. My right arm has been bone-grafted and plated so many times that the elbow has now collapsed. But my worst overall problem is the right foot, which was smashed in 1981 and rebuilt to the point where my consultant signed me off as having achieved the best he could in 1984, saying that the foot would be permanently and significantly disabling. Its is always painful, stiff,inflexible and unreliable. I fall frequently, having broken my wrist and thoracic spine, which has now caused problems in my neck, radiating down my left side. I drive an adapted automatic car, so that I drive with my left foot.
    At my PIP's assessment, the only reference made by the paramedic to my left foot was to question why I am not seeing a consultant about it now! I carefully explained that, as all these other issues have arisen, I see consultants as necessary, and have particulalrly spent a fortune on physio for conditions which can still be helped. I won't go back to the knee specialist until one or the other totally gives way and there is no choice except surgery. Same goes for my arm, hip, back etc. Is it reasonable for me to go to my GP once a week to highlight problems that he or she has no control over? Yet, because I have simply put up with the foot and haven't seen anyone to actually complain about something which I already know cannot be physically 'mended', it seems to have been deemed to have miraculously cured itself since my consultants prognosis in 1984, and so was completely overlooked in the decision to take away my Higher rate DLA mobility and award me nothing in PIPs.  It was stated that I drive an automatic car, which requires use of all my limbs - with no recognition of help provided by power steering, and totally overlooking the fact that the car is converted as I cannot use the damaged foot. 
    So, the advice seems to be to keep on reminding your daughter of your disability, rather than carry on coping alone. The statement of an eminent, now deceased, consultant from 34 years ago is simply not good enough.
  • debbiedo49
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    Congratulations 
  • Adi72
    Adi72 Member Posts: 47 Connected
    @jemmam88 I thought I would update you if thats ok.I have had the medical records for mu daughter sent and I have since called the tribunal service only to be told itll be another 28 weeks.I thought she would be seen soon as we are on week 23 now out of the original 26 weeks but now add another 28 weeks on top of that.Crushed and very anxious and itll be financially stressful.Her cab advisor wrote to them to say its urgent as the family will be struggling financially but it didnt help.They just said so is everyone else(which is true),but with her being 16 and another 28 weeks added it is all so unfair.I was convinced it would be the end of the year as we have been lead to believe.Sry for the rant im just so anxious and scared.Adi xx
  • poppy123456
    poppy123456 Member Posts: 24,818 Disability Gamechanger
    Backlogs for Tribunals are huge in most parts of the country. When you first request a Tribunal and you ring to ask approx how long it will be until the hearing, what they tell you is just a guide and nothing more. Some people are waiting a year and more for a date. I know it's frustrating but there's really nothing you can do but wait. Hopefully it won't be as long as they advised and she'll receive a date soon. Good luck.

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