PIP, DLA and AA
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Not Again Not now please god

melissahicking2019melissahicking2019 Member Posts: 122 Courageous
Hello everybody. 

My my friend has just won a tribunal for PIP which is great we are all very happy for my friend after what he has just been through has been the most difficult journey that my friend and his family and myself have been through in a while. 

A whole year of my friend and everybody Else having to worry about weather or not he will have any help and or a future worth living under his conditions of mental illness. I won't go into how he suffers but the worst symptoms are his panic attacks that he is so scared of that he has no restbite from them wether having the attack or not. His mind is in a constant battle fighting with the problem fearing another attack. 

So everything is great now . He can finally settle with just 1 less problem to worry about and he can again receive a carer that can be there to support him at home on a daily basis and my friend benefits from such help with the right sort of person looking after him.  

So much so that CAPITA Could use the progress made against him to have that same crutch of support removed from him and pile back on the pressure of financial problems and concerns along with the prospect of him being put back into hospital to receive the daily attention he requires.

So after a lengthy struggle to keep my friend out of hospital we get back the help he needs or so we thought.

now we have to be concerned about the DWP destroying what little hope we have left because they could appeal the decision.

this brings me to the reason for this post.

my friends award has been. Granted until march 2021 but they DWP and capita will be reassessing again a year before so that takes us to 2020 march . Basically under a year away. So if DWP DECIDE TO APPEAL my friend will basically not benefit in any way and won't receive the help he needs and again putting us all back through hell for another year. 

I cannot believe that this has not been concidered with his award.

did the panel not bloody think about this because if it happens my friend is likely to end up in hostpital and we all fear he won't get out. Again because he fears going into histpital greatly and he gets worse under stress and pressure and the wrong environment ect and my friend thinks hostpital is basically like putting him in jail so he fears it greatly .

so again we are all panicking and worrying again

WHEN WILL THIS ALL END

SOMEBODY PLEASE HELP HIM FOR GOD SAKE

Replies

  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Hugs
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • melissahicking2019melissahicking2019 Member Posts: 122 Courageous
    Yes thank you my friend will need a lot of them 
  • Firefly123Firefly123 Member Posts: 525 Pioneering
    So sorry for your friend. We all know how stressful the process is. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited May 2019
    Hi,

    I really do think you should just calm down a little. As i explained yesterday in your thread that the Tribunal can only appeal on error in law. I'm also sure i answered a post about this earlier today.

    The DWP first have to request the Statement of reasons and they have 1 month to do this. There's no timescales how long it can take HMCTS to send this but once they receive it they have to find the error in law before they can take it any further.

    They sometimes request it but we don't hear about them appealing very often. If they request it they will contact your friend and tell him. Requesting the statement of reasons doesn't mean they will appeal the decision.

    There's really nothing more either of you can do so please try to relax. It can still take DWP 8 weeks to pay backdated money and for his PIP to be reinstated.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • melissahicking2019melissahicking2019 Member Posts: 122 Courageous
    It's not just the appeal though we are going to have to go through it all again regardless in under a year. I can't cope I've got my own problems as well.
  • melissahicking2019melissahicking2019 Member Posts: 122 Courageous
    This is killing us all slowly but surly and at this rate it's all going to end very badly.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It would be exactly the same if your friend didn't receive this decision and the Tribunal didn't go in his favour. He would have had the same chance DWP have now.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Awards given by the Tribunal are not reviewed 1 year before the award is due to end. He'll be contacted 14 weeks before instead. As advised please try to relax for now.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • melissahicking2019melissahicking2019 Member Posts: 122 Courageous
    Awards given by the Tribunal are not reviewed 1 year before the award is due to end. He'll be contacted 14 weeks before instead. As advised please try to relax for now.
    Oh thank god. Good well at least if DWP appeal we can at least look after him afterwards then. Thanks poppy.
  • bendy_bonniebendy_bonnie Member Posts: 17 Connected
    Looks like you already have great advice but just wanted to add that I believe the longer awards can sometimes be a case of if you don't ask you don't get. If your friend is not likely to improve you can ask om the review form at the back where you put more info, if they will consider an ongoing award. My first award was only 2 years and next time around I pointed out that I am likely to get worse and they have done a 10yr review. I guess because I asked and they had no reason why they couldn't they just did it. I've seen other posts where people say to ask for the longer award. Might be worth doing next year? 
  • melissahicking2019melissahicking2019 Member Posts: 122 Courageous
    Yes that's definitely what we are going to be doing. Now we understand the process we are going to be taking my friend to every appointment and I've told my friend to tell the doctors and psychiatrists everything every little deatil and I'm going to make a diary for him and fill it in daily for him. We are going to get him the help he needs long term so he does not go into hostpital. Thank you for everybody's help.

    Night.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I totally agree with @bendy_bonnie here. If you don't ask you very often don't receive. There's no harm is asking for a longer award the next time he's reviewed but evidence will be needed to prove that his conditions won't improve but to receive an ongoing award you do need Enhanced in both parts. You can also ask that if a shorter award is given which evidence did they use to give the shorter award.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • melissahicking2019melissahicking2019 Member Posts: 122 Courageous
    edited May 2019
    Thank you for everybody's help.

    We all really appreciate it.

    Without you people we would be ringing DWP to get answers and we all know what that's like don't we.
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    Just to add a bit of balance .....I've  never had a problem with the DWP when I've had to contact them.

    Always polite, and helpful. Does take a while sometimes to get through on the 'phone.

    Capita, on the other hand, were a complete nightmare.....
  • melissahicking2019melissahicking2019 Member Posts: 122 Courageous
    edited May 2019
    yes i guess the DWP are not really to blame, its CAPITA and their lies and under educated / under experienced assumptions and speculations.  My friends report was a complete fabrication from the assessor. im not over reacting when i say she LIED. one of her biggest LIES  was to say that my friend had Cut his wrist with a knife in a suicide attempt. When actually my friend fell into a window . But the assessor decided to lie about it. God knows why, but she did. I could go on and on where she lied and made false claims and didnt mention point awarding factors and twisted what my friend had told them but we all know what they are like so i will spare you all of the obvious.

    thanks for your reply's.

    must go.


    MEL.
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