- Posts: 4
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- PIP review left me devastated, not much hope for the Tribunal
× Members
PIP review left me devastated, not much hope for the Tribunal
- Danielak.ewa
- Topic Author
- Offline
Less More
1 year 1 month ago #283986 by Danielak.ewa
PIP review left me devastated, not much hope for the Tribunal was created by Danielak.ewa
Hi,
I have had my PIP review.. award changed from both components enhanced to only standard for everyday living.. I am devastated as nothing has changed in terms of my health since my last award and I am barely living, mostly bed bound, needing everyday support from my parents. Very rarely leave the house and it’s mostly to see yet another doctor. I also have LCWRA and now I am scared they will change this because if you look at my PiP decision it looks like I am almost in great health.
PIP review was done without a “How your disability affects you?” Form so I never had a chance to explain my struggles. And it is extremely important because I have CFS/ME which is not very well understood, plus severe anxiety. I am under care of multiple doctors, therapists etc.
I sent DWP so much evidence for MR but they just ignored all of that and stuck to their decision which was based solely on the Assessment and UC health report (which I challenged because it was a load of BS and then won LCWRA).
Now I applied for an appeal, and due to my extreme social anxiety I did not tick that I want to attend the hearing in person… the assessment sucked the will to live out of me and I had a full blown panic attack there with hyperventilating etc. (which of course was only mentioned in the report as “being a bit emotional”). So I cannot imagine not one but THREE people sitting there judging me and me trying to prove that I am not lying or making it up. Was that a huge mistake? Now reading what DWP responded is making me so upset as it just does not make any sense and does not reflect reality at all. So I’m thinking maybe i should go and at least try to explain this, and hope I will not end up in the same state I was at the assessment? I don’t know, I just feel so defeated because of all of this, i don’t think there is any fight left in me anymore.
But is it even possible to change it from paper hearing to hearing in person at this point?
Thanks
I have had my PIP review.. award changed from both components enhanced to only standard for everyday living.. I am devastated as nothing has changed in terms of my health since my last award and I am barely living, mostly bed bound, needing everyday support from my parents. Very rarely leave the house and it’s mostly to see yet another doctor. I also have LCWRA and now I am scared they will change this because if you look at my PiP decision it looks like I am almost in great health.
PIP review was done without a “How your disability affects you?” Form so I never had a chance to explain my struggles. And it is extremely important because I have CFS/ME which is not very well understood, plus severe anxiety. I am under care of multiple doctors, therapists etc.
I sent DWP so much evidence for MR but they just ignored all of that and stuck to their decision which was based solely on the Assessment and UC health report (which I challenged because it was a load of BS and then won LCWRA).
Now I applied for an appeal, and due to my extreme social anxiety I did not tick that I want to attend the hearing in person… the assessment sucked the will to live out of me and I had a full blown panic attack there with hyperventilating etc. (which of course was only mentioned in the report as “being a bit emotional”). So I cannot imagine not one but THREE people sitting there judging me and me trying to prove that I am not lying or making it up. Was that a huge mistake? Now reading what DWP responded is making me so upset as it just does not make any sense and does not reflect reality at all. So I’m thinking maybe i should go and at least try to explain this, and hope I will not end up in the same state I was at the assessment? I don’t know, I just feel so defeated because of all of this, i don’t think there is any fight left in me anymore.
But is it even possible to change it from paper hearing to hearing in person at this point?
Thanks
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8275
1 year 1 month ago #284000 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP review left me devastated, not much hope for the Tribunal
Hi Danielak.ewa
I'm sorry you find yourself in this position. I can't tell you what you should do here, because you have to make that decision yourself. Your mental health has to be a priority.
If you stick with having a paper-based decision - you don't have such a good chance of winning - because there is no opportunity for them to hear from you other than what is written. Most tribunals these days are not being done face to face but on video. I don't know whether that would make it any easier for you - because obviously, three people are still present. You could always contact your local Tribunal Service and find out.
If you can't face an oral tribunal - don't give yourself a hard time over it. Plenty of people go down the route of a paper-based decision. If you're staying with that - you want to ensure you have presented the best possible case you can. The people on the Tribunal should have a better understanding of CFS/ME and severe anxiety. I hope that you have been able to go through every sentence of what they have said about you, and refute it with your own evidence. The DWP is supposed to show how your health has improved if you have moved from enhanced to standard and you need to show why they are mistaken. You certainly need to highlight that they did the review form without you being able to give your side of the story. We have heard this happening to other people. (Don't worry that you will suddenly lose your LCWRA - you won't)
I know you say you have submitted lots of evidence - but one of the problems that people sometimes make is they don't link the evidence they have to the PIP criteria. They just hope that the DWP will accept they have lots of evidence and are very unwell. I'm not saying that you did this - but just ensure that whatever evidence you have from your professional experts it's obvious where it applies.
Good luck with whatever you decide.
BIS
I'm sorry you find yourself in this position. I can't tell you what you should do here, because you have to make that decision yourself. Your mental health has to be a priority.
If you stick with having a paper-based decision - you don't have such a good chance of winning - because there is no opportunity for them to hear from you other than what is written. Most tribunals these days are not being done face to face but on video. I don't know whether that would make it any easier for you - because obviously, three people are still present. You could always contact your local Tribunal Service and find out.
If you can't face an oral tribunal - don't give yourself a hard time over it. Plenty of people go down the route of a paper-based decision. If you're staying with that - you want to ensure you have presented the best possible case you can. The people on the Tribunal should have a better understanding of CFS/ME and severe anxiety. I hope that you have been able to go through every sentence of what they have said about you, and refute it with your own evidence. The DWP is supposed to show how your health has improved if you have moved from enhanced to standard and you need to show why they are mistaken. You certainly need to highlight that they did the review form without you being able to give your side of the story. We have heard this happening to other people. (Don't worry that you will suddenly lose your LCWRA - you won't)
I know you say you have submitted lots of evidence - but one of the problems that people sometimes make is they don't link the evidence they have to the PIP criteria. They just hope that the DWP will accept they have lots of evidence and are very unwell. I'm not saying that you did this - but just ensure that whatever evidence you have from your professional experts it's obvious where it applies.
Good luck with whatever you decide.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Danielak.ewa
Please Log in or Create an account to join the conversation.
- JLP
- Away
Less More
- Posts: 69
1 year 1 month ago #284003 by JLP
Replied by JLP on topic PIP review left me devastated, not much hope for the Tribunal
I’m sorry to hear this story. I was on esa and in the support group. I got put into lower work group. I put in a MR I then contacted my MP as I was outraged by their decision. As soon as my MP got involved I received a phone call from the DWP apologising and they put me back into the support group! It might be worth a try for you.
The following user(s) said Thank You: Gary, Chocolady, Danielak.ewa
Please Log in or Create an account to join the conversation.
- denby
- Offline
Less More
- Posts: 1243
1 year 1 month ago #284015 by denby
Replied by denby on topic PIP review left me devastated, not much hope for the Tribunal
Hi Danielak.ewa,
Please remember that if you attend Tribunal, they are actually independent of the DWP. I can't totally promise you they are all decent, but two out of three were at our daughter's second one, [the other just dippy] and at the previous one as one got stuck in traffic, we agreed to proceed with two, they were both great. We won enhanced x 2 both times. Frankly if you do decide to attend, do not be ashamed if you have a meltdown, it just shows you are being truthful about your issues if this happens.
Please remember that if you attend Tribunal, they are actually independent of the DWP. I can't totally promise you they are all decent, but two out of three were at our daughter's second one, [the other just dippy] and at the previous one as one got stuck in traffic, we agreed to proceed with two, they were both great. We won enhanced x 2 both times. Frankly if you do decide to attend, do not be ashamed if you have a meltdown, it just shows you are being truthful about your issues if this happens.
The following user(s) said Thank You: Danielak.ewa
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David