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PIP Change of circumstances

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1 year 11 months ago #276748 by Roch82
PIP Change of circumstances was created by Roch82
Good evening

Right here I go AGAIN...

So after winning my tribunal last year but only for my mental health, although my fibromyalgia was on there the judge told me to apply for a change of circumstances although they was my circumstances at the time lol, but because they said if I contested their decision if they looked at it again then they may have changed it and I was at that point after 15 months,grateful.

It took me a while to pluck the courage up to put a change in due to it taking 15 months to get to my first tribunal.! I put my change in as my fibromyalgia has gotten worse and my mobility, and I have a new diagnosis of onset osteoarthritis in my foot. I explained which adaptions I had to assist me ect and I got refused it, I think their words was something along the lines of, it's my metal health that's causing my symptoms or something STUPID. so CAB helped me with my MR and I have been refused it again and the grounds this time of the lack of evidence of my osteoarthritis, why didn't they say that lastly time!. Also they keep sayin I'm not taking certain med for certain things, but I'm duloxatine and my doctor will not for the life of me prescribe me anything stinger than paracetamol and ibuprofen (believe me I have tried) also they go on about how I haven't been to see an occupational therapist ( I spoke to my doctor about this and he said we don't refer 40 yr olds lol) I have bought my adaptations myself as I didn't want to bug anyone.

Do / should I have an other assessment before I'm discriminated against? because I haven't? They have come to all these conclusions with no further assessment.

I only need 1 extra point for each element to get enhanced rate and I think they are doing it on purpose to not give it to me.

Any similar stories?

Thanks in advance for any answers x

Ps. Can I ask if anyone knows how the hell they can take new assessment staff on that's worked as a carer for 2 months in their whole life and they will get just SEVEN WEEKS training, to be an assessor!, I'm gob smacked.

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1 year 11 months ago #276760 by Gordon
Replied by Gordon on topic PIP Change of circumstances
Roch82

I'm afraid there is no legal requirement for an assessment to be done as part of a Change of Circumstances review, you may be able to argue that this weakens the validity of this new DWP Decision if you go to appeal but it will not win an appeal on its own, you will need to show where you should score the extra points and why.

Gordon

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