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TOPIC: Pip appeal ongoing now been took off pip

Pip appeal ongoing now been took off pip 3 months 3 days ago #195511

Hi,

I'm wondering if anybody can help me please.

I was awarded enhanced rate daily living after an assessment I had in Feb 2016, I appealed against the decision that I weren't awarded mobility due to the fact that I suffer with severe anxiety and depression which has resulted in me also being agoraphobic. My appeal is ongoing and I got paperwork back from the upper tribunal to say that the Secretary of State agrees I should of been awarded 11f for mobility based on the evidence I provided. There was an err in law and I provided all my own evidence thanks to this site and now it has been passed back to the lower tribunal to make a decision. In my opinion this sounds good as the Secretary of State seems to be agreeing now.

However when I was awarded the enhanced daily living it was for 2 years, I got a letter to have an assessment after 12 months and had an assessment around March. I was awarded zero points. On each part the assessor has wrote although she says this this and this, there is no further evidence to prove this as she only has seen her gp twice in the last months. She also wrote even though I said I need prompting to eat I appear overweight and therefore I would be able to manage this on my own. When I read that I cried and just thought, are they allowed to judge you like that? For all she knew I could of been wearing twenty layers of clothes, I'm not very overweight I was offended reading it. Anyway, I asked for a reconsideration and sent in a five page letter asking that if they didn't want to take my word for it to get a letter from my gp, my gp was requested to fill out a form, which I now have a copy of, on it he has put that my last appointment was by phone, which is true as I hate leaving the house. He has wrote that it affects every aspect of my life and that I am suicidal etc. I've just rang pip to check on the progress as it's been ongoing now for months, they said I've been refused!! I'm so angry and upset, I feel like it's a never ending battle trying to prove myself or my illness to people. It's so degrading. As I don't leave the house I can't really ask for outside support from cab as I won't go there.

So my main question is, as there is no decision on my first appeal am I ok to start a whole new appeal? Or is it the same appeal as it's the same claim? I might just give up I can't be bothered anymore. I'm actually understand now why so many people commit suicide due to this, I'm lucky I have a supporting family around me who make sure I don't get to that point.

Thanks in advance for any help and advice

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Pip appeal ongoing now been took off pip 3 months 3 days ago #195512

Hi and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is (although I know you are familiar with our guides, at least)

Welcome to Benefits and Work

I am so sorry you are going through this, it would be enough to make anyone anxious! :(

This is now a new claim, so I'm afraid it is back to appeal if you wish to take this further. The eventual decision on your ongoing appeal (whatever it is) will run until the date of this new decision.

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your PIP without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too, :)

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.

Pip appeal ongoing now been took off pip 3 months 3 days ago #195513

Thank you for your fast reply Mrs Hurtyback.

Aww never mind, suppose it's back to square one, if I do appeal this decision it will be the last time, I can't go through this for the rest of my life. The first appeal isn't over and I'm starting a new one, no doubt this will take just as long and I will be applying again.

In fact how does it work, if I won the second appeal would I be awarded pip to a certain date and have to reapply or be reassessed? And who decides what date I'm awarded it till?

I've completely lost my head over it all. I just wish I weren't like this so I could be a normal human and go back to work and be independent. I hate the way they make you beg and fight for something I'm clearly entitled to. It's so degrading.

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Pip appeal ongoing now been took off pip 3 months 3 days ago #195514

Annie

Forgive me, but how have you made a new claim for PIP, your original post says that you had an Enhanced Daily Living award, had this ended before you made the new claim?

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Pip appeal ongoing now been took off pip 3 months 3 days ago #195519

Hi Gordon,

I was awarded enhanced daily living with no mobility so whilst my appeal was ongoing I still received my enhanced daily living. After 12 months they sent for me to be assessed to check if I was any better/worse/the same, if anything I'm worse, but I was awarded nothing and therefore they ended my claim, I have then had to do the mandatory reconsideration which has been refused so the next step is appeal. My first appeal is still ongoing, it's for the same claim, I've never reapplied but I did get asked to go for an assessment to check my conditions.

I hope this makes sense. I tend to ramble a lot when I'm writing anything, in real life I hardly speak so I make up for it in my messages haha

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Pip appeal ongoing now been took off pip 3 months 3 days ago #195526

Anxious Annie

So any increased award from the first appeal will run from the date of the original Decision to the date that your PIP was stopped by the second Decision.

Any award from the second appeal will run from the date of the second Decision, as no award was made originally by the second Decision the Tribunal panel will have to set the length of the award as well as make one.

Gordon

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Moderators: bro58GordonMrs Hurtyback