PIP Appeal - Not sure which way to turn

Hi everyone.

I made a claim for PIP when I was signed off work for the second time in 5 months with extreme fatigue, pain and depression < mainly due to previous GPs sending me to Superdrug for paracetamol.

PIP result was 6 points for DLC and 4 for Mob. Mandatory Recon resulted in same but MR letter was practically word for word same as original.

Started appeal process

In October (four months after I first applied) I received a phone call from DWP saying that they had reviewed and decided I was entitled to standard DLC but mob remained at 4 points. I explained to the lady that my mobility had deteriorated over the months and wasn't getting any better, but that I did not have any medical reports to back this up as I was still waiting for for my appointment at the hospital (two weeks after this conversation).

I asked if I could send in the new evidence once this appointment had taken place (as, like I mentioned above my mobility has continued to deteriorate since I made my claim). OR would the deterioration of my condition mean I would have to submit a new claim? She told me that as I didn't have the evidence yet they would consider it once received or I could continue with my appeal at that stage

After the appointment I was dx with Joint Hypermobility Syndrome and referred for specialist physiotherapy. I forwarded the rheumatologist report and a further report from my GP and sleep clinic to the address on the letter received from DWP confirming my new award because my mobility still continues to get worse.

I called DWP a couple of weeks ago because I hadn't heard anything, only to be told the additional info hadn't been received and it was prob because it should have been sent to a different address.

I re-sent the info the same day (14 Jan 16) and today received a letter and a copy of the letter sent to me in Oct changing their decision. They are saying that the additional info does not change their original decision in Oct, BUT if I still disagree and wish to pursue I need to provide reasons why the appeal is out of time??

I specifically made sure I could continue with my appeal otherwise I would not have accepted their decision. Now I am so deflated I do not know what to do.

I am still off work because I am barely existing - I am now faced with the ESA farce and don't think I can take much more. I have to build my energy levels up to go out (i.e rest for days before) and am bed stricken for up to 5 days after. I have been off work this time for 7 months and whilst my employer is understanding and emphatic I don't know how long they will put up with this.

Please, can somebody tell me how to best deal with this? I seriously am losing the will

Thank you
Jas

Hi Jas,

This does all sound rather complicated so please forgive me if I ask questions for clarification!

Firstly, I don't agree with the information you were given regarding your new evidence as the MR and appeal can only consider your situation as it was when the decision was made. They cannot take into account any deterioration in your condition, or new diagnosis, since then. So it is likely that the Tribunal Service would have discounted this anyway A deterioration can trigger a reassessment if DWP accept there is enough evidence to justify this, you would not make a new claim while you still had an active award of PIP.

Did you submit a formal appeal to the Tribunal Service at any stage? If so, when? It is they who would have to decide whether your appeal could be accepted or whether they were prepared to wait for further evidence, not DWP.

Hi Mrs

Thank you for replying. I submitted a formal appeal end of September. When the DWP received notification of this, they changed the decision for care component.

As I have never been through anything like this before I am not aware of the process - shouldn't the woman I spoke to have told me this?

I hate this whole situation, I wish I was well enough to go back to work, I am getting so stressed and now because I had no idea of the process I'm struggling

Hopefully, the ESA process will be smoother - I'm not holding my breath tho.

Thanks again Mrs

(sorry for the overuse of the word process )

Jas10 wrote: Hi Mrs

Thank you for replying. I submitted a formal appeal end of September. When the DWP received notification of this, they changed the decision for care component.

As I have never been through anything like this before I am not aware of the process - shouldn't the woman I spoke to have told me this?

I hate this whole situation, I wish I was well enough to go back to work, I am getting so stressed and now because I had no idea of the process I'm struggling

Hopefully, the ESA process will be smoother - I'm not holding my breath tho.

Thanks again Mrs

(sorry for the overuse of the word process )

Hi J10,

If the DWP have changed the decision in your favour without the need for an appeal hearing, they should provide you with a Decision Notice letter informing you of this.

This letter would then give you the right to request an MR/Appeal of that decision if you were still not happy with it.

If DWP have changed the decision in your favour, and you are happy with it, then your appeal with The Tribunal Service (TS) should lapse, and there will obviously be no need for a hearing.

I would contact The Clerk at The TS, to see whether they have heard anything, and if they have,ask them whether they can clarify things for you.

They are usually pretty helpful !

These benefit "Processes" do get you like that, so don't worry about overuse of the word "Process"

bro58

Hi Bro,

Thanks for your advice.

I think I've messed up on appealing the mobility part of PIP.

When DWP called to change their decision I was still waiting for Rheumy appointment so was concentrating on getting evidence to take to appeal. But, after reading the replies here, because my mobility has gotten worse since first applying (i.e. could walk about 100 metres unaided before suffering pain - now have to use a crutch most of the time and suffer pain before getting to the end of the road) I think I should have told them that my condition has gotten worse rather than appealing, because as mentioned by Mrs (which I didn't realise) the TS would be looking at how I was when I first applied rather than how I am now.

This whole process (there's that word again lol) really messes with my head. I'm not a stupid person, but when it comes to understanding the working of the DWP my brain becomes a plate of jelly

Time to concentrate on the windy road of ESA I think and dreams of going back to work which is looking less and less likely

Anyway, thanks again for helping my brain to stop hurting, have a great day

Jas

Jas10 wrote: Hi Bro,

Thanks for your advice.

I think I've messed up on appealing the mobility part of PIP.

When DWP called to change their decision I was still waiting for Rheumy appointment so was concentrating on getting evidence to take to appeal. But, after reading the replies here, because my mobility has gotten worse since first applying (i.e. could walk about 100 metres unaided before suffering pain - now have to use a crutch most of the time and suffer pain before getting to the end of the road) I think I should have told them that my condition has gotten worse rather than appealing, because as mentioned by Mrs (which I didn't realise) the TS would be looking at how I was when I first applied rather than how I am now.

This whole process (there's that word again lol) really messes with my head. I'm not a stupid person, but when it comes to understanding the working of the DWP my brain becomes a plate of jelly

Time to concentrate on the windy road of ESA I think and dreams of going back to work which is looking less and less likely

Anyway, thanks again for helping my brain to stop hurting, have a great day

Jas

Hi J10,

Even after 5 years of dealing with "Benefits" my brains also sometimes "turns to jelly" !

It may still be advisable to contact The Clerk, to see where things are up to.

Yes, MHB is right, at an MR or an Appeals Tribunal Hearing they can only Re-look at how you were at the time of the adverse decision that you are appealing to see whether that decision was correct.

They cannot take into account any change or deterioration in your conditions since that time.

Good luck !

bro58