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Can i put in an appeal for pip

happyfellahappyfella Member Posts: 97 Courageous
in PIP, DLA and AA
I applied for pip last year on the instructions of my doctors, but i was turned down. When i requested the report i was shocked as it was full of lies. An investigation took place and they assessor claimed she could not remember me or find her notes. The results came back that PIP said they fell well short of what is expected of their service. However, my point which were zero were not increased. I was told to take it to appeal but at the time i did not have the energy. This year my doctors told me again to put in for it. I had an assessment over the phone and she told me that i will 100% get an award. I did not even ask her if i would or would not. But she came out with it. She said i would 100% get at least the standard rate but it would be down to the main people if i got higher. This was back in Novermber around 14th. I have had no official word as yet and i have not requested my report as yet as i cannot deal with the stress of it all.

I explained to her over the phone after she said that about my experience with the face to face assessor, who said to me, if i was suffering from stress and was depressed why had i not tried killing my self. The new assessor was shocked. I said i got turned down and did not understand why when i need someone to help me all the time.

So, my question is, nothing has changed since my first to now, so if i do get the award, can i go back to them and say i want to appeal against the first decsion with them giving me the award when nothing has changed. I kept on getting told to take it to appeal as i would win but at the time i had no energy to do so.
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Replies

  • chiariedschiarieds Community champion Posts: 6,895 Disability Gamechanger
    Hi @ happyfella - as you didn't pursue your first claim, & I'm sorry you felt unable to do so, then no, if awarded this time, it won't change the first decision. Your chance to appeal the first decision has passed, as you've now put in a new claim. It is often best to go down the Mandatory Reconsideration route, then, if needed a Tribunal.
    PIP may be awarded if you meet certain 'descriptors/activities' for daily living &/mobility; it's not gained by just reporting the 'inaccuracies' of your assessor's report unfortunately.
    Your assessor last month shouldn't really have commented; she writes up a report, & it's up to a DWP Decision Maker to decide about any award, not her.
    It's awful what some assessors like your first one say to people, but hopefully this second one had a far better understanding. Please let us know how you get on.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I'm not really surprised that the HCP didn't remember you because they see so many people.

    If the date of the Mandatory Reconsideration for the first claim was more than 13 months ago then you won't be able to request the Tribunal for this decision. If it was less than 13 months agao then yes you will be able to request the Tribunal but you will need to give your reason why you are late requesting it.

    Although, do be aware that the Tribunal will only take into consideration what your condition was like at the time of the very first assessment, they will not take into consideration any worsening of condition. If awarded successfully, then you'll only receive the backdated money from the date of that first claim, up until the day before you started the 2nd claim.

    I agree totally with the advice regarding the HCP shouldn't have told you anything about any award because it's not the job to tell you this.

    Once the decision's been made on the current claim if you're not happy then you can of course request the MR and then Tribunal, if the MR fails.

    Good luck.
    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.
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  • happyfellahappyfella Member Posts: 97 Courageous
    poppy123456 said:
    HI,

    I'm not really surprised that the HCP didn't remember you because they see so many people.

    If the date of the Mandatory Reconsideration for the first claim was more than 13 months ago then you won't be able to request the Tribunal for this decision. If it was less than 13 months agao then yes you will be able to request the Tribunal but you will need to give your reason why you are late requesting it.

    Although, do be aware that the Tribunal will only take into consideration what your condition was like at the time of the very first assessment, they will not take into consideration any worsening of condition. If awarded successfully, then you'll only receive the backdated money from the date of that first claim, up until the day before you started the 2nd claim.

    I agree totally with the advice regarding the HCP shouldn't have told you anything about any award because it's not the job to tell you this.

    Once the decision's been made on the current claim if you're not happy then you can of course request the MR and then Tribunal, if the MR fails.

    Good luck.

    She didnt remember me because she made sure she forgot me. even the two investigations that took place said there is no reason for her not to remember me, and the two reports also said they are very surprised she cannot find her notes on me. they said she fell well short of the professional behaviour they expect. however, i did put in a reconsideration request and i still got no points. which my doctors were shocked at. it has been less than one year since the reconsideration request. i was told by an advisor it would be quicker to start from scratch than go to a tribunal, so they filled in the form for me
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited December 2020
    The HCP's assess so many people it would be very unlikely that they would remember anyone specifically.

    Doctors have very little knowledge of the PIP descriptos, what they mean and the criteria. They also have very little knowledge in exactly how our conditions affect us, which is what PIP is all about. A Doctor will only ever know the basics. The only way they would ever know exactly how our conditions affect us is if they lived with us, which they don't.
    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.
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  • happyfellahappyfella Member Posts: 97 Courageous
    poppy123456 said:
    The HCP's assess so many people it would be very unlikely that they would remember anyone specifically.

    Doctors have very little knowledge of the PIP descriptos, what they mean and the criteria. They also have very little knowledge in exactly how our conditions affect us, which is what PIP is all about. A Doctor will only ever know the basics. The only way they would ever know exactly how our conditions affect us is if they lived with us, which they don't.

    no you do not understand. the investigation said that all advisors have to keep notes, as they use those notes for the reports. she claims she could not find my notes. They launched a first investigation and then a second investigation took place because of the seriousness of what went on. Both the investigations said that she should have the notes and basically they were saying they did not believe that she did not have the notes. they also said the report that she wrote contradicted itself so many times. I showed the two investigation reports to the person who filled in my new application and they said that it would be highly unlikely they would use that person again. They also said the same person who did my assessment has had lots of complaints as they had dealt with loads of complaints about them.

    My doctors wanted me to go to tribunal but i did not have the energy and then my doctors a few months later said you really need to apply again but i kept on telling them i did not want to. then they arranged for an advisor to do everything so i agreed.

    The report was shocking and full of lies, they even talked about things on there that had nothing to do with me.
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  • woodbinewoodbine Member Posts: 2,869 Disability Gamechanger
    I don't understand the thing about the notes as they type them straight into a computer they are not handwritten, I would also caution about advice given to you by doctors about benefits as above they have little knowledge about them in general. I would urge you to ask for a copy of this new report which you should receive early in the new year as it will hopefully put your mind at rest.
    Good luck
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  • mikehughescqmikehughescq Member Posts: 5,314 Disability Gamechanger
    As @poppy123456 has said, you can reopen your original claim if you’re within 13 months of the mandatory reconsideration decision. You don’t actually have to provide reasons for lateness at all. You’ll be asked but the key things are being within 13 months and being able to show that your claim has clear merit. As it’s failed twice you need to rethink your approach. 

    The advice to make a fresh claim from an adviser is at minimum debatable. The advice from your GP, as has already been said, is neither here nor there. They simply don’t have the knowledge to comment. 

    Your case sounds like a classic example of getting caught up with the HCP report being the be all and end all. You need to ignore what the HCP has or has not said and look at your own evidence with a critical eye. It hasn’t been strong enough twice so what is it that’s missing? Proving a HCP wrong is almost always never enough to get PIP as whilst the process tends to focus people obsessively on the HCP report the actual decision itself is based on all the evidence. 

    Do a search on this forum for “anecdotal evidence”. That’s where your focus should now be.
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