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Pip appeal overturned by judge but error on letter

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  • victoria105
    victoria105 Community member Posts: 22 Listener
    Yes this was my pip thread was just giving more information following my pip decision but  it's ok 
  • jameshitchkin221
    jameshitchkin221 Community member Posts: 11 Listener
    Hello Mike what does this mean too on my appeal letter it says I’m entitled from 1/1/18 and then for the end date it says it is inappropriate to fix a term
  • poppy123456
    poppy123456 Community member Posts: 53,368 Disability Gamechanger
    I believe this is an on going award with a review after 10 years.
    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.
  • jameshitchkin221
    jameshitchkin221 Community member Posts: 11 Listener
    Wow that’s amazing 
  • victoria105
    victoria105 Community member Posts: 22 Listener
    Mine was awarded for 5 years due to my severe hypermobility where my joints dislocate and have had over 10 surgeries , I contacted dwp when I had a stroke so my circumstances had worsened and they reassessed me and took my pip away , I fought it for 10 months and it went to tribunal , I got to court waited outside to be told by the clerk I had won my case .I saw the judge because I was there , she said she was disgusted with what had happened with all my evidence and gave me back everything I was originally awarded.
  • jameshitchkin221
    jameshitchkin221 Community member Posts: 11 Listener
    Hi Victoria so with the judges date error what was the error was it a error on the date the award was meant to start 
  • victoria105
    victoria105 Community member Posts: 22 Listener
    There error was just the date for when my original claim started and it was only a week between dates but they had to be correct and yes my massive mistake was notifying them of my stroke not because I wanted any more money but I understood if you had any change of circumstances you had to tell dwp. Unfortunately the after effects of my stroke caused damage to the sensory nerves in my brain and I now have on top of my other disabilities  i have 'chronic post stroke pain' which affects the whole of my right side and will never go even with medication .
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    I would add that according to the advice given on the CAB website you should tell the DWP

    If you’re not sure if a change affects your PIP, it’s best to tell the DWP anyway. Not telling them could mean you’re missing out on extra money or being paid money you’ll have to pay back.


  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    edited October 2018
    And I’m happy to add that in the current climate that is incredibly dangerous advice.
    Yet it is all out there for everyone to see and I would presume it is the CAB's normal policy even though you work for that organisation and have that opinion?

    Given what you say it doesn't bode well for relying on the CAB website for good quality advice.
  • victoria105
    victoria105 Community member Posts: 22 Listener
    Yadnad said:
    I would add that according to the advice given on the CAB website you should tell the DWP

    If you’re not sure if a change affects your PIP, it’s best to tell the DWP anyway. Not telling them could mean you’re missing out on extra money or being paid money you’ll have to pay back.


    That is what I thought if I was unsure to speak to them , which I did not for monetary gain but to inform them Unfortunately 2 years down the line I have permanent stroke symptoms. 
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    I don’t work for them.
    Sorry Mike I genuinely thought you did. I'll take back some of my comments as they are unfounded.

    Yet it is, as you say, very dangerous advice from a professional organisation that people rely on to get good quality advice and help.
  • charliebunny
    charliebunny Community member Posts: 4 Listener
    Hi, I am just going through similar now and this was the only info about this that came up when I googled.

    I won my PIP tribunal on the 19th December and was waiting to hear something, kept phoning the DWP who  kept fobbing me off and b basically omitting to tell me what was going on. Finally contacted my MP to chase it up and they instantly found that there had been a date error on the decision notice: it said that it should be backdated from 07/07/2017 (yes, that's how long I've waited as they 'lost' my MR TWICE as well!) and it apparently should have been 02/07/2017.
    To me that looks like someone misread a 2 as a 7.

    I've been absolutely frantic and so upset about all this, what with already waiting 19 months since my previous PIP award stopped and the mess up with the MR twice. It has really not helped my mental health at all. I've started self harming again, stopped eating and have come out in stress hives all over

    My father is taking me to the MP's office tomorrow so that they can phone the HMCTS on my behalf and try and get it sorted quickly. This isn't even the first time I've been through the tribunal process as I had to do it last time as well (and had two adjourned before being successful)...i'm so fed up, it always seems to happen to me :(

    Anyone else had this happen and how long did it take?
  • Cazann
    Cazann Community member Posts: 83 Pioneering
    It took 10 months from having been reassessed and pip taken from me to being rewarded my benefit , slip up took a month  . My disability is not in dispute but I'm so self conscious about what happened with my pip , I want to show evidence to continue getting my ESA and that I am unable to work . So I asked for a letter from my gp. 
    A GP can talk about diagnosis,symptoms, meds and treatment as well as prognosis. Unless the issue is one where you lsck insight such as mental ill health or learning disability then they can offer nothing in respect of how you score points for daily living or mobility. It’s the wrong approach.
    Hi Mike. I know this is an old thread but I was due to go to my PIP tribunal last week and they rang me in the morning to say that it had been adjourned because the panel had asked for medical records and my DLA award (2005) documents from DWP. I had sent medical documents obtained from my doctor, but didn't send in my old DLA documents. I didn't know that I had to send in the DLA stuff, as it's not the same as PIP. They have sent me a letter to ask for permission for them to obtain those documents. As you said to Victoria, unless they lack insiight such as mental health, or learning disabilities then they can offer nothing in respect of scoring points for daily living or mobility.
  • charliebunny
    charliebunny Community member Posts: 4 Listener
    eh? this thread is about mistakes in dates on  PIP tribunal decision letters, which is why I asked the question above!
  • poppy123456
    poppy123456 Community member Posts: 53,368 Disability Gamechanger
    Cazann said:

    Hi Mike. I know this is an old thread but I was due to go to my PIP tribunal last week and they rang me in the morning to say that it had been adjourned because the panel had asked for medical records and my DLA award (2005) documents from DWP. I had sent medical documents obtained from my doctor, but didn't send in my old DLA documents. I didn't know that I had to send in the DLA stuff, as it's not the same as PIP. They have sent me a letter to ask for permission for them to obtain those documents. As you said to Victoria, unless they lack insiight such as mental health, or learning disabilities then they can offer nothing in respect of scoring points for daily living or mobility.
    HMCTS wouldn't ask for permission for the DLA file if it wasn't needed. It has been know for them to ask this in the past. DWP should have given you an option at the start of your PIP claim if you want to use your DLA file as evidence.

    Not agreeing for them to see the file could delay the decision even longer.
    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.
  • Cazann
    Cazann Community member Posts: 83 Pioneering
    Cazann said:

    Hi Mike. I know this is an old thread but I was due to go to my PIP tribunal last week and they rang me in the morning to say that it had been adjourned because the panel had asked for medical records and my DLA award (2005) documents from DWP. I had sent medical documents obtained from my doctor, but didn't send in my old DLA documents. I didn't know that I had to send in the DLA stuff, as it's not the same as PIP. They have sent me a letter to ask for permission for them to obtain those documents. As you said to Victoria, unless they lack insiight such as mental health, or learning disabilities then they can offer nothing in respect of scoring points for daily living or mobility.
    HMCTS wouldn't ask for permission for the DLA file if it wasn't needed. It has been know for them to ask this in the past. DWP should have given you an option at the start of your PIP claim if you want to use your DLA file as evidence.

    Not agreeing for them to see the file could delay the decision even longer.
    Hi Poppy
    I have agreed, signed and sent the form for permission for HMCTS, to access my DLA  files and medical files.  It was asking for the medical files that I couldn't understand, as I had already sent them my medical files. I certainly wouldn't want to delay it any longer.
    Thanks.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger



    HMCTS wouldn't ask for permission for the DLA file if it wasn't needed. It has been know for them to ask this in the past. DWP should have given you an option at the start of your PIP claim if you want to use your DLA file as evidence.

    Not agreeing for them to see the file could delay the decision even longer.
    Yes this does confuse me. No such option was given to me during the telephone conversation I had to start the PIP claim off.

    And yes I now know that that was the fault of the tele agent and the script they worked from. Many like me were never asked the question - no doubt the evidence in that file would have made a significant difference. Only two years prior (2011) I had a DLA review/new claim after which and following the evidence sent in saw me back on High Mobility & Care.

    You could say that I was shafted right from the start - at that time they liked to keep you in the dark as to what evidence was needed.
  • charliebunny
    charliebunny Community member Posts: 4 Listener
    Hi, can someone please answer my question above regarding date errors (what this thread was orignally about) please? Thank you xx
  • victoria105
    victoria105 Community member Posts: 22 Listener
    charliebunny , my date errors were sorted within 4 weeks ,I rang the tribunals service and was told it had to go back to the judge and she had to change the dates and it was when she had time as they were very busy. But it was finally sorted . So after 11 months I received what I was originally awarded .Hope this helps x
  • poppy123456
    poppy123456 Community member Posts: 53,368 Disability Gamechanger
    Hi, can someone please answer my question above regarding date errors (what this thread was orignally about) please? Thank you xx
    Hi,
    This is the reason why it's always better to start your own thread. Asking questions on other peoples thread can cause confusion and your question could be missed, especially when it's an old thread like this one.
    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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