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FUMING ... so annoyed! PIP

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6 years 4 months ago #203274 by Angela
FUMING ... so annoyed! PIP was created by Angela
So, I applied again for PIP and after many years of being on DLA, suddenly my PIP application was unsuccessful - only scoring 2 points for daily living and 4 points for mobility. I was on the maximum benefit for care and low rate for mobility on DLA. As the Health Professional who did my assessment didn't have my records on the system to refer to, I feel he made an incorrect decision. So I sent in a Mandatory Request providing evidence again and disputing points the Health Professional made. For example: when I went to the assessment, I didn't take a handbag, nor did I take any medication into the assessment with me. But apparently, according to the HP and the decision maker, I was able to grab and clutch onto my medication and handbag. Really? How so? Especially when I didn't have those items with me? There are a few other things that have really annoyed me that simply did not happen! So ... I now need to appeal. I have no idea how to do this and I find it very strange that all these years I qualified for DLA, but not anymore - really? I suffer with Complex PTSD, DID, MDD, and herniated slipped discs with sciatica. Is it perhaps that these illnesses or disorders no longer apply anymore? So, how do I go about doing an appeal? I've got nothing to lose, but what me so ANGRY is the stuff they just 'make up' that doesn't refer to me - copied and pasted stuff! Grrrr ...

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6 years 4 months ago #203294 by Gordon
Replied by Gordon on topic FUMING ... so annoyed! PIP
Angela

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

Gordon

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

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6 years 4 months ago #203326 by Angela
Replied by Angela on topic FUMING ... so annoyed! PIP
Thanks Gordon. I am totally mentally exhausted ... not sure if I can take anymore! Been in tears and suffering with depression for months because of this. But I understand that it's necessary. If only my GP had done a medical report in the beginning, then this whole palaver could've been avoided all together. When I asked him for a letter to provide as evidence, he said they don't do it anymore, so I couldn't get a letter. On all previous DLA applications, I have always got a medical letter from my previous GP surgery as evidence to support my claims. However, this surgery don't seem to do it. So I have no idea what other evidence I can produce other than the psychology assessment reports and spinal surgeons reports. But according to the PIP team, because I drive a car I am fully mobile and can move and walk without any problems? How so? I have pain when driving, so that's why I avoid it. But they obviously didn't read that part. I also do Pottery Therapy for my mental health, and according to them, pottery required strength, force and manual dexterity, so therefore I am fully capable of sitting, walking, bending, holding, and all that jazz. However, they failed to read that I must take breaks every 10-15 minutes whilst doing pottery to rest. So annoying that you spend days providing vital information and they don't consider any of it. Another important point I wanted to ask you about Gordon was, and I quote from their MR letter: "In your letter you disputed the findings from the assessment. Unfortunately I cannot deal with this issue. If you have any queries or complaints about the assessment please contact the assessment provider directly. (Really?) The role of the assessor is that of a Health Professional who is trained to assess and evaluate the impact of both physical and mental health conditions on a claimants ability to carry out activities of daily living and mobility. I have no reason to doubt the HP's findings." Surely if the HP isn't experiences in mental health, how can he make an accurate assessment if he's a physiotherapist? All hogwash to me. What are your thoughts?

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6 years 4 months ago #203328 by jayjay1963
Replied by jayjay1963 on topic FUMING ... so annoyed! PIP
Hi So sorry that you have had all this trouble, i just wanted to say don't give up!! i didn't give up on my husband that was on highest rate of both for the DLA for years, then when his PLP came up he was awarded nothing!!!!
We appealed first to the DWP as you have to the first time, they still said no to the claim, we then went to court, (although not in person as he was to ill) and we won his case not only that on full PLP for both parts, and they gave him it till 2027! my husbands 63 yrs old so won't need to be seen ever again for this benefit! I won't tell you that it's easy but get as many doctors social workers anyone who knows you really to put in a letter for the appeal our social worker did one for my husband, and it wasn't until it got to the courts did they then give him it in full, as when he had his interview the person who did my husbands lied through his teeth made a report up of lies as he only asked 3 questions that was it! so the motto is appeal to the DWP first, if they still throw it out then take it to the courts, stress or not people like us cannot afford to let the DWP to get away with this really we can't. So a huge good luck to you, and have a peaceful Christmas and new year.......x

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6 years 4 months ago #203352 by Gordon
Replied by Gordon on topic FUMING ... so annoyed! PIP

Angela wrote: What are your thoughts?


The first thing I would say is that an appeal panel may well take a very different view from the DWP about these issue, have a look at the following News Article

www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge

That said. there is some validity to capabilities of the claimant if they drive so you need to address these in your appeal subnmission.

Try not fixate too much on dealing with issues raised by the assessor in their report or the comments of the Decision, I am not saying to ignore them but an award will only be made by your showing that you meet the criteria to score the points you need for an award.

So go through your PIP2 and our PIP Claim guide to make sure that you do. Remember you need to deal with the issue of aids that may help you complete and activity or the help of someone else.

Remember that you must be able to complete the activities reliably and on the majority of days not to score, these terms are explained in more detail in the guide.

Gordon

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

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