Pip pre tribunal offer
alysciasmummy
Online Community Member Posts: 2 Listener
Hi,
history- diagnosed in my teens with anxiety & depressive disorder ( worked for short while after left school but got too much for me) from the age of 17 I had daily panick attacks, couldn’t leave my house due to anxiety could only attend appointments if my mum was present, was then diagnosed with agrophobia I was in receipt of dla. In my 20s I was then diagnosed with ocd. In 2016 Did the pip application ( awards zero) MR also zero then 2017 tribunal granted standard on both DL and mobility. 2018 I got a back injury and reported this to pip, I then had an atos assessment who awarded me points relating to my back issues ( standard DL) but zero for my mental health so all the areas I had points for my MH had gone. MR as was previously awarded 8 point for planning a journey but after the atos assessment I gained 4 points on moving around but zero for planning (although I still unable to go out alone) and I reported the assessor had stated things untrue, dwp then added 4 points “prompting” so I then received standard mobility too. The whole ordeal put strain on my health and I couldn’t face a tribunal.
history- diagnosed in my teens with anxiety & depressive disorder ( worked for short while after left school but got too much for me) from the age of 17 I had daily panick attacks, couldn’t leave my house due to anxiety could only attend appointments if my mum was present, was then diagnosed with agrophobia I was in receipt of dla. In my 20s I was then diagnosed with ocd. In 2016 Did the pip application ( awards zero) MR also zero then 2017 tribunal granted standard on both DL and mobility. 2018 I got a back injury and reported this to pip, I then had an atos assessment who awarded me points relating to my back issues ( standard DL) but zero for my mental health so all the areas I had points for my MH had gone. MR as was previously awarded 8 point for planning a journey but after the atos assessment I gained 4 points on moving around but zero for planning (although I still unable to go out alone) and I reported the assessor had stated things untrue, dwp then added 4 points “prompting” so I then received standard mobility too. The whole ordeal put strain on my health and I couldn’t face a tribunal.
Then covid hit so my pip review was postponed, when I received the any changes form I explained all my mental health issues and how they still affect me everyday and I still can’t go out the house on my own but was still awarded zero for my mental health again I MR and they refused saying I had no diagnosis of mental illnesses and agreed with previous atos assessment as evidence, I applied for a tribunal ( which awaiting now) I’ve since had a new dignosis of borderline personality disorder- my daily struggles/symptoms have stayed consistent I’m still at 35 unable to leave my home alone have many daily breakdowns and panick attacks.
I sent in extra evidence to the tribunal, letter from gp stating I’ve been under his care for mental health since 2005 to present and still my symptoms are not under control. I also requested my medical notes and sent these in along with my journal I’ve had to do for the mental health team to get the new BPD dignosis. I’ve now received a call from dwp DM saying she has re looked at my case and can see I hadn’t received any points relating to my MH and only my back and said I’m entitled to an award of both enhanced rates and can back pay the difference back to November 2021 when my last review I appealed was.
1. Am I wrong in asking why if she had added extra points now relating to my MH and saying I should be receiving enhanced rates is it only being backdated 6 months and not to the date they only assessed me on my back
2. So if I’m actually entitled to enhanced why if I don’t accept the offer am I still only going to receive standard rates, surely that’s then ignoring that they are underpaying me
3. If I don’t accept the offer why are they then still going to blatantly disregard my mental health disability
4. If I don’t accept and carry on to tribunal- what am I actually going to tribunal for if the DM has already told me I should have been receiving enhanced rates
2. So if I’m actually entitled to enhanced why if I don’t accept the offer am I still only going to receive standard rates, surely that’s then ignoring that they are underpaying me
3. If I don’t accept the offer why are they then still going to blatantly disregard my mental health disability
4. If I don’t accept and carry on to tribunal- what am I actually going to tribunal for if the DM has already told me I should have been receiving enhanced rates
This last few years fighting with pip and the stress has all caused my mental health to deteriorate after the last MR I almost took my life, I’m not greedy and just trying to get money I believe it’s what I should have been receiving. Sorry if none of this makes sence
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Comments
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If it's a review started by DWP then the changes will take place when the decision was made, which seems like it was November 2021.For your previous decision in 2018 you only went as far as MR stage. This means that you're out of time to do anything about that award.I don't see any point in continuing with the Tribunal because you've got Enhanced for both parts. If you're not happy with the award length you can take the offer and once the award is in payment you can request the Tribunal based purely on the award length but you need to made sure you tell them you're happy with the award itself.1
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If you don't accept the 'offer' the DWP cannot revise the award at this point because if they make a change that automatically lapses your current appeal and they need your agreement for this to happen.alysciasmummy said: 3. If I don’t accept the offer why are they then still going to blatantly disregard my mental health disability
The outcome of the appeal may well be that you get enhanced rate both but that is not guaranteed so I completely agree with poppy that you should accept the revised award. You can. as poppy says, start a new appeal over the length of the award if you wish.1 -
Thank you 😊 I0
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