Cervical neck disorder degenerative disc disease

debs42
debs42 Online Community Member Posts: 14 Listener
in PIP, DLA, ADP and AA
Can anyone help me I’m going to my tribunal tomorrow the person who came out to do the pip check virtually scored me 0 even though my head is dropped to one side and my pain is alll in the neck and shoulders. I had a cervical fusion and this is how I am 3 years after I am very angry as they said I’d be better after a year so here I am dreading tomorrow and them looking at me thinking I’m trying to pull the wool over their eyes 
please help anybody what are my chances of being awarded anything as my welfare officer said I should of been scored an 11

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Hi,

    It's impossible to advise whether you'll successfully be awarded by the Tribunal because no one knows exactly how your conditions affect you against the PIP descriptors. PIP isn't awarded based on a diagnosis.

    If you have representation then there's more than 70% chance of success, without representation then it drops to about 50% chance of success.

    Fingers crossed that you'll be one of the successfully awarded. If they don't make a decision tomorrow then they will send a decision letter within a couple of days. If this happens then it doesn't mean you haven't been awarded it just means they can't make a decision on the day.

    Good luck.
  • Chloe_Alumni
    Chloe_Alumni Scope alumni Posts: 10,506 Championing
    Very best of luck for today @debs42! 
  • debs42
    debs42 Online Community Member Posts: 14 Listener
    I didn’t win chloe they only gave me 2 points even though they could see me in pain and I got really upset and anxious my medical record is like a book but still they declined me
    i feel like a complete failure even though it’s not my fault I have these things going on with my body 
    ?☹️
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I'm sorry to hear that. Unfortunately, with PIP you can have a disability but if the descriptors don't apply to you then you won't score the points for an award.

    You can request the statement of reasons and record of proceedings within 1 month of the date of the decision and once you receive them you need to find someone to take a look to see if they can find an error in law. If that's not found then i'm afraid you won't be able to that decision any further.

    You can re-apply at anytime but doing this and using the same evidence you previously used will very likely see another refusal. Face to face advice is needed.

    Medical records don't always have much information about how your conditions affect you against the PIP descriptors. I requested mine some months ago hoping there's something in there that i could use for my PIP review this year but there's nothing at all of any use. They contain GP consultations, blood test results and all the usually things in medical record spaced out over numerous decades. Completely pointless and won't help my PIP review.
  • debs42
    debs42 Online Community Member Posts: 14 Listener
    I know I don’t even know if I’ll reapply or just leave it but this is what they want you to do there so against people getting pip anymore 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    The Tribunal are completely independent to DWP and the health assessment providers. May i ask was this a first time claim, a review of an existing claim or a transfer from DLA?
  • debs42
    debs42 Online Community Member Posts: 14 Listener
    This was my first claim and I must say it’s put me off forever I’ll just put up with the pain 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I'm sorry it's put you off. Having some understanding of the PIP descriptors and what they mean will always help. Have a read of this link, it's very long but worth having a read. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

  • debs42
    debs42 Online Community Member Posts: 14 Listener
    Thanks for your help 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    poppy123456 said:
    I'm sorry it's put you off. Having some understanding of the PIP descriptors and what they mean will always help. Have a read of this link, it's very long but worth having a read. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

    Not sure why my comment here has been marked as spam but I’ve certainly not said anything bad! I’m very curious to know why someone has decided it’s spam.
  • chiarieds
    chiarieds Online Community Member Posts: 16,792 Championing
    Just to say that the link poppy123456 gave is probably the most informative link that could be given as regards PIP & its 'descriptors,' as it's the DWP's guide that the HCP/assessors use.
  • Chloe_Alumni
    Chloe_Alumni Scope alumni Posts: 10,506 Championing
    Hi @debs42, I'm really sorry to hear this! You most certainly are not a failure!

    I hope the information provided by others has been helpful. If you do feel like you want to appeal then here is how you can do that.

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