Please could I have help with PIP appeal

Hi there,

I’m sorry this post is long! It’s been a while since I posted as my subscription lapsed.

I’d just like to give huge thanks and appreciation to Benefits and Work and the forum moderators for helping me, as last time I was here I had an appeal for ESA and I’m delighted to say that I won the appeal and got into the support group on grounds that I am not capable of doing the work-related activities.

So thank you so much for all the work that goes into the comprehensive guides they are invaluable and a massive help, it’s just a minefield otherwise. Thanks also go to the moderators who are really helpful and patient answering questions, I couldn't fo done it without that support.

My latest challenge is that previously I had been awarded PIP enhanced rate for both daily living and mobility. However, in my latest assessment I have only been given standard rate for daily living. Currently my appeal date is in about 10 days time.

I have been suffering with a bereavement and I have asked for a postponement which has been denied, however, they've said I need to provide medical evidence for this. My doctor has agreed to do a letter and I’m waiting for that. However, until I have this postponement granted I’m panicking that I may have to attend, so please may I ask for some help with the process.

I’m only just reading the guides now and I’m feeling really totally overwhelmed and confused as to what I need to do next. If I could have some help breaking it down in terms of what I need to next, I suffer with fatigue, brain fog, anxiety and depression hypothyroidism and as I mentioned I’m currently grieving also.

I have a welfare officer who I’ve realised from the reading the guides that I’m not happy with, as I’m in the difficult situation of having the risk of losing what I have already which is my standard living.

Although it is my decision whether to go to appeal or not the main problem is that my welfare officer is not helping me prepare my case and she is not giving me an opinion of whether my case is strong or not. Also they cannot attend with you anymore which is not her fault but makes it more difficult. My previous welfare officer was amazing and she said at the time she would not let me go to appeal if she thought there was a strong chance that I could lose.

However, the current one is not giving me guidance other than generalised statements that she thought my they had been generous in my current assessment and that she really couldn’t say as she has been shocked at the way decisions have gone lately either way. She has also commented that it has got harder for PIP claimants in the last year and that it is really a lot harder hard claiming for things like CFS, brain fog etc.

She has looked at all the evidence a while ago but now the appeal is drawing very near I’m still confused as to whether I should be appealing the decision or not and she has said that she can’t look at it again and that she has spoken to me a few times about it. My doctor has said that I need to ask her to look at it again. I’m not happy with her as if my appeal has to go ahead next week then I’m totally unprepared at present and it is her job to help me. I don’t know whether to complain to a manager as I’m not sure that my case is being addressed properly and I’m getting sufficient support and I wondered what you thought on this matter?

Another major blow is that I have tried to get some more evidence from my doctor but I have been informed that this week that they have stopped providing evidence for PIP due to not having enough time to write letters. I’m really disappointed in this and annoyed as I have been trying to get an appointment since January. Also in my assessment at the time, I did not have time to get evidence from my GP and the assessor put me off by saying I wouldn't bother if it's saying the same thing as what I had said in my evidence. I wish I'd not listened to her now as I ended up with no recent evidence at the time from my GP.

Furthermore, my Dr said that they have made this decision not to do letters anymore, based on consulting with the BMA and PIP and she said that the DWP have said they do not need claimants to get additional support from their Drs. Of course they have, it really angers me as the ramifications of that is, that claimants from my surgery are now at disadvantage at being successful in their claims as without that evidence to back things up at on the assessment, it means that they are less likely to take your word for what you are claiming and they don’t always contact the GP for evidence.

So also for me it means that I have no new evidence to take to appeal and my welfare officer has said that I could do with some evidence about the mobility (have 4 points) and also I only need two more points to get enhanced daily living. In my evidence that I previously provided it was very comprehensive due to having your brilliant guides as a help. So I don’t feel I can add anything further. I’m just wondering if I should be taking this to appeal without new evidence, as surely they will agree with what the decision maker has said already in the absence of additional information that I need to argue/support the points I need?

I have a consultant in Endocrinology for my hypothyroidism and they have referred me to CFS to try and get diagnosis, they have written me letters before for PIP?ESA but have said that in terms of writing about descriptors it is difficult as they don’t see me as much in clinic and my GP would be better. My welfare officer has said these letters of support are basically useless unless they comment specifically on the descriptors. Still, I don’t know whether to try and get some evidence from my endocrinologist given that my G.P cannot do me a letter now?

I’m also going to speak to my GP again to appeal to her, I don’t think she will change her mind but I feel I need to feed it back about the DWP saying they don’t need the Drs to do evidence is just making life very difficult for claimants in terms of their success rate and in reality claimants do need this evidence! I’m just wondering what you think of the points I’ve made regarding this issue and what you think I should do about the lack of new evidence and where I stand in terms of whether to take this to appeal because of this problem?

I’ve started to read the guides but wondered if you could guide me as to what you think I need do next as I just feel totally overwhelmed and lost in this process. I’m really sorry this post is so long, thank you for listening!

Angelcake

Hi Gordon,

Thank you, so are you saying that the panel will ALWAYS tell you at the beginning of the appeal if they think that you are at risk of losing what you have? so in my case standard daily living. and if they do that then you can withdraw at that point? So are you saying in effect it doesn't matter that my welfare officer is not helping me whether my case is strong or not because if there is any risk I'll be told on the day and can withdraw?

If I can't get anymore new medical evidence to support the descriptors I'd like to score points for will I be at a disadvantage?

...and if I find out that my appeal has been postponed does it help your case by doing a submission and what difference does it make?

thank you

Angelcake

Hi,

Please could you explain about the new ruling about mental health and qualifying for mobility and what you need to qualify for that, I'm a bit confused

thanks
Angelcake