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Finally awarded PIP but issue with amount& information of decisions reached
- M
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2 years 3 months ago #274263 by M
Hello,
I have finally been awarded PIP (thank you to everyone on here for your support and help, I will truly be eternally grateful and would not have survived this difficult process without you).
Initially, they awarded me with standard for daily living and mobility however even before knowing what the amount of points was for each, I said I was not happy with it especially for daily living; I was in the final process before it goes to HMR Courts and Tribunals and had submitted all my evidence etc through the courts system (had never been well enough and collated all medical evidence and reports etc during my MR process etc with PIP themselves). So, they called me about when they gave the decision and the appeal decision maker higher up person (before the courts at PIP, decision maker whatever they are called) said that in light of all the new evidence I had sent it as there was a lot of medical evidence, they sent my case back to the normal level assessors who are medically qualified and thus I was awarded standard daily living and mobility based on their review of my medical evidence. However, as mentioned, I explained why I was not happy over the phone and then she said as I was off 2 points for daily living component she would change it to enhanced, and so at that point, as its been 1 whole year and my life is a mess, I went with it and agreed to the award.
However, upon continuing to struggle with everything including mobility and then reading their letter where they explained how their decision was made. I find a lot of it is very unfair and factually inaccurate, my personal statement was 70 pages long and I had medical evidence to support everything, and I had a rough idea in my mind of what points I should have been awarded, however, the points they have awarded are far from it and so in between. For taking nutrition, they gave me 0 points - bearing in mind I have medical evidence/doctors/psychological report stating I have issues with spilling drinks, and I have been struggling with my eating (GP consultations, again gave that evidence to them). But they gave me 0 for taking nutrition. I have difficulties communicating verbally, reading understanding signs and symbols and words - my educational psychologist report literally states that in black and white and that I have slow processing speed, yet they gave me a total of 0 points for reading and understanding etc. I have difficulties with speaking, I conveyed it all with examples and also gave them the medical evidence which states I often interrupt people etc, yet they gave me a total of 0. So, it is very factually incorrect, the assessor final decision maker who informed me of my award increased the number of points I was awarded for making meals which is why I was finally awarded. (Prior to, a day before decision was made I also uploaded photo evidence on courts system showing pictures where you can see I spill food etc down my clothes, hence more proof I cannot take nutrition unaided yet they still gave 0 despite, medical evidence too).
Secondly, for the moving around/following a journey etc they gave the correct amount of points which was 10, however I have difficulties with mobilising due to a chronic pain condition in my pelvic etc area which they have medical evidence for, yet they gave me 0 for moving around, which again is untrue, unrepresentative, incorrect and unfair and it's like they completely ignored the medical evidence for that. They told me I have on the phone I either had to accept the award but couldn't query it etc once I verbally accepted it, obviously now reading the letter it states I have one month - obviously I guess with it going to HM Tribunal in this case, and anyhow, I risk loosing the whole award. However, I just wanted your opinions on if you think I should appeal it? Personally, I feel like, how would it even be possible for the HM Tribunal to go ahead and just take away my whole award that I've just got when there is clear black and white evidence about everything. But, I just don't want to take that risk, I don't know if they mention the risk thing as a deterrent so you don't appeal? I just don't know what to do, however, it's like the letter says all that stuff about changes in circumstances etc, and how if they find out if things have improved then its an overpayment from them and I have to repay them; yet the points and why they have given me the award isn't even factually accurate to begin with, if that makes sense?
I'd appreciate any help or advice please.
I have finally been awarded PIP (thank you to everyone on here for your support and help, I will truly be eternally grateful and would not have survived this difficult process without you).
Initially, they awarded me with standard for daily living and mobility however even before knowing what the amount of points was for each, I said I was not happy with it especially for daily living; I was in the final process before it goes to HMR Courts and Tribunals and had submitted all my evidence etc through the courts system (had never been well enough and collated all medical evidence and reports etc during my MR process etc with PIP themselves). So, they called me about when they gave the decision and the appeal decision maker higher up person (before the courts at PIP, decision maker whatever they are called) said that in light of all the new evidence I had sent it as there was a lot of medical evidence, they sent my case back to the normal level assessors who are medically qualified and thus I was awarded standard daily living and mobility based on their review of my medical evidence. However, as mentioned, I explained why I was not happy over the phone and then she said as I was off 2 points for daily living component she would change it to enhanced, and so at that point, as its been 1 whole year and my life is a mess, I went with it and agreed to the award.
However, upon continuing to struggle with everything including mobility and then reading their letter where they explained how their decision was made. I find a lot of it is very unfair and factually inaccurate, my personal statement was 70 pages long and I had medical evidence to support everything, and I had a rough idea in my mind of what points I should have been awarded, however, the points they have awarded are far from it and so in between. For taking nutrition, they gave me 0 points - bearing in mind I have medical evidence/doctors/psychological report stating I have issues with spilling drinks, and I have been struggling with my eating (GP consultations, again gave that evidence to them). But they gave me 0 for taking nutrition. I have difficulties communicating verbally, reading understanding signs and symbols and words - my educational psychologist report literally states that in black and white and that I have slow processing speed, yet they gave me a total of 0 points for reading and understanding etc. I have difficulties with speaking, I conveyed it all with examples and also gave them the medical evidence which states I often interrupt people etc, yet they gave me a total of 0. So, it is very factually incorrect, the assessor final decision maker who informed me of my award increased the number of points I was awarded for making meals which is why I was finally awarded. (Prior to, a day before decision was made I also uploaded photo evidence on courts system showing pictures where you can see I spill food etc down my clothes, hence more proof I cannot take nutrition unaided yet they still gave 0 despite, medical evidence too).
Secondly, for the moving around/following a journey etc they gave the correct amount of points which was 10, however I have difficulties with mobilising due to a chronic pain condition in my pelvic etc area which they have medical evidence for, yet they gave me 0 for moving around, which again is untrue, unrepresentative, incorrect and unfair and it's like they completely ignored the medical evidence for that. They told me I have on the phone I either had to accept the award but couldn't query it etc once I verbally accepted it, obviously now reading the letter it states I have one month - obviously I guess with it going to HM Tribunal in this case, and anyhow, I risk loosing the whole award. However, I just wanted your opinions on if you think I should appeal it? Personally, I feel like, how would it even be possible for the HM Tribunal to go ahead and just take away my whole award that I've just got when there is clear black and white evidence about everything. But, I just don't want to take that risk, I don't know if they mention the risk thing as a deterrent so you don't appeal? I just don't know what to do, however, it's like the letter says all that stuff about changes in circumstances etc, and how if they find out if things have improved then its an overpayment from them and I have to repay them; yet the points and why they have given me the award isn't even factually accurate to begin with, if that makes sense?
I'd appreciate any help or advice please.
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- Gary
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2 years 3 months ago #274277 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Finally awarded PIP but issue with amount& information of decisions reached
Hi M
We cannot advise you whether or not you should appeal the decision, from my understanding of your post you have been awarded the enhance daily living component of PIP but only standard mobility.
I would advise you to speak to your local Welfare Rights Organisation who can advise you taking into consideration all your circumstances, remember make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors. advicelocal.uk
Once you receive the first payment, you can alway make a new appeal if you are still unhappy.
Gary
We cannot advise you whether or not you should appeal the decision, from my understanding of your post you have been awarded the enhance daily living component of PIP but only standard mobility.
I would advise you to speak to your local Welfare Rights Organisation who can advise you taking into consideration all your circumstances, remember make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors. advicelocal.uk
Once you receive the first payment, you can alway make a new appeal if you are still unhappy.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- M
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2 years 3 months ago #274285 by M
Replied by M on topic Finally awarded PIP but issue with amount& information of decisions reached
Hi,
I am not asking for you to give me advice on whether I should or shouldn't, what I am asking is based on what I have said what is your opinion regarding the issues I have mentioned? I will make the decision myself, it's just general opinions I am looking for.
Like:
why they have given me the award isn't even factually accurate to begin with, if that makes sense?
I don't know if they mention the risk of loosing your whole award thing as a deterrent so you don't appeal the amount you have given?
Please can you advise about those matters. I will make the decision myself, I am just asking about my concerns etc if that makes sense?
I am not asking for you to give me advice on whether I should or shouldn't, what I am asking is based on what I have said what is your opinion regarding the issues I have mentioned? I will make the decision myself, it's just general opinions I am looking for.
Like:
why they have given me the award isn't even factually accurate to begin with, if that makes sense?
I don't know if they mention the risk of loosing your whole award thing as a deterrent so you don't appeal the amount you have given?
Please can you advise about those matters. I will make the decision myself, I am just asking about my concerns etc if that makes sense?
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- Gordon
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2 years 3 months ago #274295 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Finally awarded PIP but issue with amount& information of decisions reached
M
Understand, your award is Enhanced Rate Daily Living and Standard Mobility for a period of time, the Decision does not include the points you scored or what you scored them for.
As a result, you cannot appeal the Daily Living award as you already have the highest award available, a Tribunal will not be interested in your assertions that you should have scored higher for DL.
You can appeal the Mobility component.
You seem happy with the points you scored for Going Out so it would just be the Moving Around activity you would be contesting. You say you did not score for this activity even when the Decision was revised, so a starting point would be to understand how this happened, have you got the assessment report?
As to your losing your current award, the DWP are correct that the Tribunal panel do have the authority to remove points as well as to give them but where this endangers an award the Judge in charge of the hearing has to warn the claimant and offer them an opportunity to withdraw their appeal.
Gordon
Understand, your award is Enhanced Rate Daily Living and Standard Mobility for a period of time, the Decision does not include the points you scored or what you scored them for.
As a result, you cannot appeal the Daily Living award as you already have the highest award available, a Tribunal will not be interested in your assertions that you should have scored higher for DL.
You can appeal the Mobility component.
You seem happy with the points you scored for Going Out so it would just be the Moving Around activity you would be contesting. You say you did not score for this activity even when the Decision was revised, so a starting point would be to understand how this happened, have you got the assessment report?
As to your losing your current award, the DWP are correct that the Tribunal panel do have the authority to remove points as well as to give them but where this endangers an award the Judge in charge of the hearing has to warn the claimant and offer them an opportunity to withdraw their appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby
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- M
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2 years 3 months ago #274307 by M
Replied by M on topic Finally awarded PIP but issue with amount& information of decisions reached
Ok, it's just the PIP letter says how if we find out your condition improves etc, you will need to pay an overpayment - but what they've awarded me points for on activities of daily living, is incorrect so it's just a bit scary and confusing hence I asked.
With regards to the mobility, I cannot walk more than 200 metres without being in discomfort, pain, getting out of breath and thus having to stop before continuing. It is also very painful walking and I have to get taxis a lot of the time, even in roles when I am meant to be standing - I sit down, because I can't stand.
Ok, so if for instance I appeal it and it goes to the judge they may decide, that I am going to lose points whereby my enhanced daily living goes to standard plus they will make a decision about either increasing or lowering the mobility component, and if that's the case, the HM courts judge will inform me and let me withdraw my appeal for the higher rate mobility completely? So, then I'll just have what I have now, therefore even if the judge disapproves my claim, I will still not lose what I have now, because they'll inform me first, is that correct?
With regards to the mobility, I cannot walk more than 200 metres without being in discomfort, pain, getting out of breath and thus having to stop before continuing. It is also very painful walking and I have to get taxis a lot of the time, even in roles when I am meant to be standing - I sit down, because I can't stand.
Ok, so if for instance I appeal it and it goes to the judge they may decide, that I am going to lose points whereby my enhanced daily living goes to standard plus they will make a decision about either increasing or lowering the mobility component, and if that's the case, the HM courts judge will inform me and let me withdraw my appeal for the higher rate mobility completely? So, then I'll just have what I have now, therefore even if the judge disapproves my claim, I will still not lose what I have now, because they'll inform me first, is that correct?
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- Gordon
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2 years 3 months ago #274346 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Finally awarded PIP but issue with amount& information of decisions reached
M
Yes, the Judge should notify you.
Scoring for being unable to move more than 200m is very difficult as the statement is very ambiguous, for example; is it 199m or 51m and what is the variance on this distance, is it 1m or 100m? If you do take it to Tribunal I think you will need to fundamentally alter the way that you present your case to clearly show that you meet the criteria for points.
Lastly, consider the imlication of your attending a hearing to your existing Going Out points.
Gordon
Yes, the Judge should notify you.
Scoring for being unable to move more than 200m is very difficult as the statement is very ambiguous, for example; is it 199m or 51m and what is the variance on this distance, is it 1m or 100m? If you do take it to Tribunal I think you will need to fundamentally alter the way that you present your case to clearly show that you meet the criteria for points.
Lastly, consider the imlication of your attending a hearing to your existing Going Out points.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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