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DWP changes their award (for the better) ahead of the appeal hearing

  • Washington Irving
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1 month 4 weeks ago #288464 by Washington Irving
Good evening everyone

I thought I would write and let people know about my PIP journey. I’ve left out dates/details, as who knows what lurkers we have here.

TLDR - PIP is a horrible process that will wear you down, but keep going! You can do this. Don’t be put off; take it to the appeal stage if you have to.

I’m hoping my story provides some comfort and hope to others going through what is a horrible and dehumanising process. And that it shows it is possible to get what they are entitled to even if the fight seems long and relentless and, in those dark times when you just want to give up, there seems little point in continuing. Hopefully, it doesn’t read as bragging, as that’s definitely not my intention!

I’ll start where my story finishes for the time being. After twice being told I was not entitled to PIP, I’ve been awarded the enhanced rate of daily living and the standard rate for mobility for two years.

(I hate the word ‘awarded’, as I do with the word ‘benefits’ - it’s not a competition or a prize I win; I’m not lucky for being disabled; PIP is not a reward for the challenges I suffer with nor an added extra on top of a salary or some membership/loyalty programme).

My journey started in mid-2023 when I called DWP and began the process of applying for PIP.

I struggled, procrastinated, and found excuses, but eventually submitted a written response just before the deadline outlining my severe and long-term struggles with mental health.

Three months later, I attended the face-to-face assessment with a ‘health professional’. The next month, I got the DWP’s decision - I was not getting PIP and had scored no points related to my mental health.

I asked for the mandatory reconsideration, submitting a detailed reply (which again was like pulling teeth to compose) about why I disagreed with the decision and where I thought things had been overlooked.

I received a letter from DWP late last year telling me the decision remained unchanged. I still scored zero points because of my mental health and would not be receiving PIP.

The mandatory reconsideration result was expected, but getting the news was still deflating. I now needed to decide if I would appeal. And I did go back and forth whether, even knowing I had a good chance at the tribunal, I had the strength to continue putting myself through the wringer and dealing with the added stress, anxiety, sleepless nights, etc. But, spurred on by this website, I persevered and lodged my appeal, provided more evidence, and wrote another detailed response, which again set out where and why I thought the decision was wrong and what I felt I should have been awarded. This written response was just as challenging and painful to pull together as the previous two.

I should probably add here that in my own head when I started the long and gruelling process, I thought I’d only get the standard rate for daily living. However, by the time I lodged my appeal and had again added up the points, I realised I scored enough points for the enhanced daily living rate.

DWP, of course, missed their deadline to respond to my request for an appeal.

Out of the blue, I got an unexpected phone call from DWP wanting to “ask me a few questions”. At the end of the call, they stated that upon further review, instead of previously not being entitled to PIP, their offer had changed to the enhanced daily rate and the standard rate for mobility!

After thinking it over, I accepted the revised offer, and my appeal has been closed. For the first time in many months, I feel I can concentrate on my health, trying to get the support I need and move beyond just existing (over these past few months, even ‘surviving’ has felt beyond me) and not feel consumed by the torture that is PIP.

So, what are my key takeaways?

Keep going.
It’s a horrible and soul-destroying process. Four times, I bared my soul to explain in depth how debilitating my mental health struggles are and the huge difficulties it causes me. That was so hard to do. DWP seemingly quickly dismissed everything I’d written or said. It’s so hard to get shot down so abruptly multiple times and not to feel believed.

Be very wary of DWP.
They’re not there to help, they’re not on your side, they’re there to trip you up, to try and catch you out and find the most superfluous reasons to dismiss your claim. They overemphasise the most minor of things and ignore compelling evidence that doesn’t fit the narrative they want to hear. Did you make eye contact? In this case, you’re fine, and your real-life struggles are dismissed.

Don’t be fooled by the overly friendly and nice people you might encounter (for example, on the phone or the health professional) - they’re manipulative and trying to get you to let your guard down. Beware of wolves in sheep’s clothing.

Your letters will arrive late.
Aside from the letter about the change to my award (which arrived one day after the date stated on the letter), letters from DWP arrived a week after the date shown. In short, your one month to respond is reduced to three weeks, putting added pressure on you.

Ask for the health professional’s report.
This is referred to as a PA4.

I didn’t realise I could ask for this until after I had requested a mandatory reconsideration. If I’d known I could request it; I could have referred to it in my written response when asking for a mandatory reconsideration. In the end, I did reference the PA4 and challenged what was written in it as part of my reason for appealing DWP’s decision.

You’ll likely have to take your claim to the appeal stage (or near as).
As is often mentioned on this form, in the benefits and work guides on this site and communications from them, most claims are refused initially, and the mandatory reconsideration has a terrible success rate (around 20%) in getting the decision changed. I knew this when going through the process, but it’s still very disheartening when you get the letter from DWP effectively dismissing everything you’ve said and stating you’re not entitled to PIP.

DWP may review their decision before the tribunal (but only after you have appealed the decision). Perhaps the moderators know how likely DWP will do a further review before the appeal hearing?

Speaking to someone who deals with benefits and disability claims as part of their job, his opinion was that DWP likely knew they were in for a hiding if my case went to a tribunal, hence why they wanted to ‘settle out of court’, so to speak. So, stick with it if you think you have a valid and strong case. It’s hard, but do not be put off by DWP’s abruptness and lack of explanation around their decisions.

Sign up and use the guides.
The guides on this site have been invaluable for me and well worth the membership cost to access them. Yes, they are long, and it can be overwhelming at times (I’ve struggled through this - try breaking it down into short blocks of time, have a break and then do a bit more), but there’s a lot of great information and examples in them you can use and adapt for your own circumstances.

Follow the recommended format - go through each descriptor in turn, and if you’re challenging it, state clearly why you think it’s wrong, what you think the correct score is and how your disability affects you in carrying out that task.

As hard as it was to write about everything yet again, I would say the third time (when lodging my appeal) I wrote about my health and set out where I thought DWP were wrong in their decision was the strongest and best version I pulled together.

Don’t give up.
I’ll finish with again reiterating that PIP is a horrible process to go through. It’s designed to break you, but the further you get, the better your chances. I went from twice being told I was getting nothing to being offered enhanced daily living and standard mobility rates. Stay strong and draw support and help where you can. Of course, there are no guarantees, but if you can stick it out, the odds get more in your favour.

I know this has been a lengthy post, so thank you for persevering. I hope it’s been a useful and helpful read for you. Good luck with your own journey. You’re stronger than you know.
The following user(s) said Thank You: Gordon, ivyfox, BIS, Sheila 966, Wendy Woo, C, LL26, Louise, PatriciaS0309

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1 month 4 weeks ago #288506 by LL26
Hi Washington Irving,
Thank you for sharing your story. Well done! Unfortunately what you say about the PIP process entirely rings true, and is repeated across the nation on far too many occasions. However, hard though this definitely is, persistence does tend to pay off. Indeed persistence and tenacity is perhaps the only way to succeed. I can only encourage others to do the same and stick at it. Sigh, check B&W website, take deep breath, eat, drink, sleep repeat and continue, is basically the best advice for everyone!
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sheila 966, Wendy Woo

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1 month 4 weeks ago #288512 by denby
Wonderful encouragement Washington Irving! Thank you.
I'd only add one detail: Be aware that not only may they 'act nice' but they may lie to you, notably about sending out the PA4 you are asking for.
The following user(s) said Thank You: BIS, Sheila 966

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