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PIP process exhaustion

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1 month 4 weeks ago #288429 by Jayjay
PIP process exhaustion was created by Jayjay
Hi,

I've been through the whole PIP process and was awarded 0 points from PIP assessment and MR. I've just been to appeal via tribunal and awarded nil points again.

This has taken over a year!

I'm seriously dumbfounded.

Despite having a range of health issues that impact day to day activities and following the guides on benefits and work both DWP and tribunal refuse to believe me.

One of the biggest things that went against me on PIP assessment was that I said I can drive. This was then used to award nil points on EVERY descriptor.

In hindsight I should have answered no as I
can't drive reliably and safely majority of the time.

I'm going to apply again for PIP as my conditions have worsened and focus on 3 or 4 descriptors where I feel I have the best chance of scoring points.

Any advice appreciated.

Thanks

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1 month 4 weeks ago #288436 by BIS
Replied by BIS on topic PIP process exhaustion
Hi Jayjay

I'm sorry you find yourself in this position.

It is not unusual for people who drive to have that used against them during the PIP process, but some people have been awarded PIP who drive. Have you seen a Statement of Reasons from the Tribunal regarding why they agreed with the DWP? If you're going to apply again, it would be helpful to know how you may need to frame your responses differently. I assume you have a copy of the PA4 (the assessor's original report). If they don't believe you, then you need to understand what it is; otherwise, it's hard to fight. See if there's any evidence you need to provide that you didn't last time.

Be careful how you address the issue of driving because the DWP have been known to write to the DVLA and report that someone should not be driving because of what they disclosed during the PIP process.

If your health is deteriorating, you might want to keep a diary. If you have a family member who has witnessed the deterioration include a letter from them next time you apply.

I know you said you used the guides - but go through them again and see if you missed anything or how you could strengthen your answers. I obviously don't know what you said - but never assume that the person reading about you has knowledge of your condition or how it impacts you. For example if pain is an issue for you - it's not enough just to say you experience severe pain. You need to say what causes the pain, what symptoms you experience, how long the pain goes on, whether medication has any impact, how long it takes you to recover, whether it inhibits your movement, whether the pain affects your breathing or the ability to speak, whether it causes you to fall or to drop things... etc etc.

I'm not saying you didn't give them enough information - but if you scored zero even at the Tribunal - something is going wrong somewhere. I hope that you are able to unpick what it is.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 month 4 weeks ago #288446 by Gordon
Replied by Gordon on topic PIP process exhaustion
J

As you did not receive an award from the Tribunal there is no associated risk with you asking for a Statement of Reasons and Record of Proceedings from the Judge who heard your appeal.

This will give you a greater understanding of why your appeal failed so badly and should help you understand how to explain your limitations in regard to the PIP activities better.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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