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PIP TRIBUNAL, PLEASE HELP!!!
- trip77
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4 years 1 month ago #257613 by trip77
PIP TRIBUNAL, PLEASE HELP!!! was created by trip77
Hi. I am 43 (age will be necessary later), and I am currently in the tribunal process of my PIP application as I was declined on my mandatory reconsideration.
Last week I received a letter from the tribunal saying that my hearing had been rescheduled for another date due to the DWP having to provide more information to them.
The information they needed to have was regarding my previous DLA award which I had originally been on from when I was a young child, and my mother had done on my behalf. I was awarded it for life.
It was cancelled in 2018 due to the fact that I had moved from the address to which the DWP had sent my forms for transfer to PIP , even though I had telephoned them to say I had moved after they sent me the notification letter to tell me about the transfer.
The DWP also said that I hadn't sent in the forms and that they had sent them to the proper address, even though the dates they said they had sent them had been when I had moved.
I proved this to the tribunal when I provided my tenancy agreement start dates and also council tax letters stating the dates I had moved.
I have also received a letter this week which is a copy of the response to the tribunals request, stating that the only information they have about my previous award was that I had received it from childhood and was cancelled in 2018 because they had not received my forms at the time, and also that because of the data protection act, they had deleted my information in October 2020 as it was required by law for them to do so after so long.
Now, I wrote to the tribunal stating that, I had applied for PIP on three occasions after they cancelled my DLA award, once again in 2018, once in 2019 and this most recent time in July 2020, and each time I was declined. This is the first time I have taken it to mandatory reconsideration and then to tribunal.
I asked the tribunal to find out why the DWP would delete the data pertaining to my lifetime DLA award in October 2020, when I had reapplied those other times, and lastly in July 2020 and that they surely would have needed to have that information as I had said that I had those original conditions still, as well as had been diagnosed with newer conditions that would affect my award.
Can anyone explain to me why the DWP would do this ,and any input about how they think my tribunal case will go would be greatly appreciated.
Just for the record, I suffer from a few things
Fibromyalgia
Carpal tunnel
Degenerative disc disease
Plantar fasciitis
Shoulder impingement syndrome
Asthma
Osteoarthritis in the hips, spine and knees
All of these together make it very difficult for me to get about daily and do basic chores etc, and difficult to work in my current employment as a machine tool setter and technician, and I have been off work from October 2018 to present. I am waiting to hear from my employer about what they plan to do, any adjustments or redundancy.
They have wrote to my gp who sent them a letter stating my conditions and informing them I won't be able to do my job anymore.
I currently get the national insurance contribution ESA which will run out in AUGUST 2021 and universal credit. Any information regarding any other help would be appreciated.
Last week I received a letter from the tribunal saying that my hearing had been rescheduled for another date due to the DWP having to provide more information to them.
The information they needed to have was regarding my previous DLA award which I had originally been on from when I was a young child, and my mother had done on my behalf. I was awarded it for life.
It was cancelled in 2018 due to the fact that I had moved from the address to which the DWP had sent my forms for transfer to PIP , even though I had telephoned them to say I had moved after they sent me the notification letter to tell me about the transfer.
The DWP also said that I hadn't sent in the forms and that they had sent them to the proper address, even though the dates they said they had sent them had been when I had moved.
I proved this to the tribunal when I provided my tenancy agreement start dates and also council tax letters stating the dates I had moved.
I have also received a letter this week which is a copy of the response to the tribunals request, stating that the only information they have about my previous award was that I had received it from childhood and was cancelled in 2018 because they had not received my forms at the time, and also that because of the data protection act, they had deleted my information in October 2020 as it was required by law for them to do so after so long.
Now, I wrote to the tribunal stating that, I had applied for PIP on three occasions after they cancelled my DLA award, once again in 2018, once in 2019 and this most recent time in July 2020, and each time I was declined. This is the first time I have taken it to mandatory reconsideration and then to tribunal.
I asked the tribunal to find out why the DWP would delete the data pertaining to my lifetime DLA award in October 2020, when I had reapplied those other times, and lastly in July 2020 and that they surely would have needed to have that information as I had said that I had those original conditions still, as well as had been diagnosed with newer conditions that would affect my award.
Can anyone explain to me why the DWP would do this ,and any input about how they think my tribunal case will go would be greatly appreciated.
Just for the record, I suffer from a few things
Fibromyalgia
Carpal tunnel
Degenerative disc disease
Plantar fasciitis
Shoulder impingement syndrome
Asthma
Osteoarthritis in the hips, spine and knees
All of these together make it very difficult for me to get about daily and do basic chores etc, and difficult to work in my current employment as a machine tool setter and technician, and I have been off work from October 2018 to present. I am waiting to hear from my employer about what they plan to do, any adjustments or redundancy.
They have wrote to my gp who sent them a letter stating my conditions and informing them I won't be able to do my job anymore.
I currently get the national insurance contribution ESA which will run out in AUGUST 2021 and universal credit. Any information regarding any other help would be appreciated.
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- LL26
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4 years 1 month ago #257652 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP TRIBUNAL, PLEASE HELP!!!
Hi Tr1p77,
Thank you for your post. I will endeavour to answer everything I can.
PIP Tribunal
Firstly some explanation. Caselaw requires that DWP supply details of previous DLA. The rationale behind this is that DWP need to provide a reasonable explanation of why DLA was awarded and now no PIP. This is especially so with ongoing conditions that do not tend to get better. It is very misleading for the Tribunal to think you have never claimed benefits, when in fact you have been on these for many years. Hence caselaw stated that DWP would have to supply thus information. If this hasn't been done with the appeal papers, the Tribunal will issue a Direction that DWP supplies this info eg within 28 days. The lack of supply of information has resulted in an adjournment, but clearly it is important for the Tribunal to have all the information. Whilst the decision may not ultimately go in your favour, the Tribunal is much more likely to award benefit again, knowing about the previous awards.
You haven't stated why you didn't seek Reconsideration on the 2 previous claims. How long ago were the actual decisions?
I am aware that DWP routinely destroy documents, but I don't know what the policy is. Certainly DWP hold documents for much time after a failed claim, so it is entirely possible that this has just happened as a matter of routine. You could also assist the Tribunal by sending any decision letters that you may have stored at home. I presume that you have read the members guides which give info about all parts of the claim process including appeals.
I note that you are going through possible redundancy, and your GP has written a letter. Even though this is to do with ESA, it is possible that the letter could also be relevant to you PIP appeal, particularly if it refers to disabilities and consequent lack of function. Any occupational or workplace assessment report may also be relevant for PIP.
Work
Yes, your employer needs to make reasonable adjustments. This could less work hours, different (easier) duties, moving your desk to the ground floor etc etc. If no reasonable adjustment is likely to make any genuine difference, then you may be offered redundancy, or perhaps early retirement, and possibly with an early occupational pension if you have this. Make sure you take independent advice about any early retirement and taking your occupational pension, to ensure that you get a proper deal. Taking early retirement has serious financial consequences and it is important to understand everything before agreeing anything. Similarly, taking your occupational pension may have an impact on the amount of UC so you may wish to consult a welfare benefits advisor as well.
Your ESA is due to run out on August. Is this a review or because you have been on ESA/UC for a year and are in the LCW group? Do you mean contribution based ESA or UC As you get UC then maybe you should argue that you now have Limited Capability for work related activity. Certainly GP letter and work reports will be relevant here.
If you were previously on ESA, and succeed in your forthcoming PIP appeal you may be allowed to claim transitional protection (equivalent to SDP) if you live alone and don't have a carer who wishes to claim Carers Allowance. Alternatively if someone cares for you, then they may be eligible for CA.
I wish you luck in your PIP appeal, and with your possible retirement from work.
LL26
Thank you for your post. I will endeavour to answer everything I can.
PIP Tribunal
Firstly some explanation. Caselaw requires that DWP supply details of previous DLA. The rationale behind this is that DWP need to provide a reasonable explanation of why DLA was awarded and now no PIP. This is especially so with ongoing conditions that do not tend to get better. It is very misleading for the Tribunal to think you have never claimed benefits, when in fact you have been on these for many years. Hence caselaw stated that DWP would have to supply thus information. If this hasn't been done with the appeal papers, the Tribunal will issue a Direction that DWP supplies this info eg within 28 days. The lack of supply of information has resulted in an adjournment, but clearly it is important for the Tribunal to have all the information. Whilst the decision may not ultimately go in your favour, the Tribunal is much more likely to award benefit again, knowing about the previous awards.
You haven't stated why you didn't seek Reconsideration on the 2 previous claims. How long ago were the actual decisions?
I am aware that DWP routinely destroy documents, but I don't know what the policy is. Certainly DWP hold documents for much time after a failed claim, so it is entirely possible that this has just happened as a matter of routine. You could also assist the Tribunal by sending any decision letters that you may have stored at home. I presume that you have read the members guides which give info about all parts of the claim process including appeals.
I note that you are going through possible redundancy, and your GP has written a letter. Even though this is to do with ESA, it is possible that the letter could also be relevant to you PIP appeal, particularly if it refers to disabilities and consequent lack of function. Any occupational or workplace assessment report may also be relevant for PIP.
Work
Yes, your employer needs to make reasonable adjustments. This could less work hours, different (easier) duties, moving your desk to the ground floor etc etc. If no reasonable adjustment is likely to make any genuine difference, then you may be offered redundancy, or perhaps early retirement, and possibly with an early occupational pension if you have this. Make sure you take independent advice about any early retirement and taking your occupational pension, to ensure that you get a proper deal. Taking early retirement has serious financial consequences and it is important to understand everything before agreeing anything. Similarly, taking your occupational pension may have an impact on the amount of UC so you may wish to consult a welfare benefits advisor as well.
Your ESA is due to run out on August. Is this a review or because you have been on ESA/UC for a year and are in the LCW group? Do you mean contribution based ESA or UC As you get UC then maybe you should argue that you now have Limited Capability for work related activity. Certainly GP letter and work reports will be relevant here.
If you were previously on ESA, and succeed in your forthcoming PIP appeal you may be allowed to claim transitional protection (equivalent to SDP) if you live alone and don't have a carer who wishes to claim Carers Allowance. Alternatively if someone cares for you, then they may be eligible for CA.
I wish you luck in your PIP appeal, and with your possible retirement from work.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- trip77
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4 years 1 month ago #257669 by trip77
Replied by trip77 on topic PIP TRIBUNAL, PLEASE HELP!!!
Wow, thank you for that detailed response. You have given me much to think about and look into. I appreciate your help and insight into these matters.
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4 years 4 weeks ago #257767 by trip77
Replied by trip77 on topic PIP TRIBUNAL, PLEASE HELP!!!
Hi. The ESA is set to run out in August as I will have claimed it for a year. I have applied for the limited capability for work when I first contacted them in July 2020 and have been assessed over the phone in the same month. It took over 5 months for them to reply to me after constantly contacting them asking what was happening with my claim. They backdated my payments in December but didn't tell me what category I.e working or support, and only last week, after I put an official complaint in to them online in January, have they got back to me to tell me I will be on the national insurance contributed payment until they can do a face to face assessment as soon as the covid restrictions are over. I got awarded a £50 compensation payment by an independent complaint advisor which I just received today, because they never sent me any letters telling me this and also for all the stress I had endured having to keep contacting them and for my claim to take so long.
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- trip77
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4 years 4 weeks ago #257768 by trip77
Replied by trip77 on topic PIP TRIBUNAL, PLEASE HELP!!!
Also, I'd like to add that I did apply for mandatory reconsideration on the 2 previous occasions before this one, and was turned down flat.
I have also put a complaint into the DWP regarding the false statements they made about some of my answers in my claim form, when they coerced me into giving an answer to questions I couldn't answer such as if I was to go out on a BAD day when I have a flare up of my fibromyalgia, how far could I walk, to which I replied that I don't go out at all, to which they said I HAD to give an answer and guess.
They really made me look like I didn't suffer any pain at all and could manage most daily activities as well in their report to why they declined me, but I had copied the letters and diaries I sent in that explained my difficulties in great detail and have passed them onto the tribunal as well.
I have never come across a more blatantly dishonest, and despicable company as the one that did the assessment on behalf of the DWP and I also made that clear to the tribunal as well.
I have also put a complaint into the DWP regarding the false statements they made about some of my answers in my claim form, when they coerced me into giving an answer to questions I couldn't answer such as if I was to go out on a BAD day when I have a flare up of my fibromyalgia, how far could I walk, to which I replied that I don't go out at all, to which they said I HAD to give an answer and guess.
They really made me look like I didn't suffer any pain at all and could manage most daily activities as well in their report to why they declined me, but I had copied the letters and diaries I sent in that explained my difficulties in great detail and have passed them onto the tribunal as well.
I have never come across a more blatantly dishonest, and despicable company as the one that did the assessment on behalf of the DWP and I also made that clear to the tribunal as well.
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