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PIP review after tribunal win
- Elowen
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1 day 6 hours ago #311532 by Elowen
PIP review after tribunal win was created by Elowen
I am so ill with worry. I have received my AR1, although my award runs out in August 2026. Background: In 2023 for my review I had a really bad telephone assessment with Capita, where the assessor's report was full of lies and inaccuracies. I complained to Capita, they upheld my complaint and promised to send DWP an updated report. Meanwhile, DWP requested a fresh assessment. This second assessment (recorded this time, upon my request) was absolutely horrific, the assessor was clearly trying to catch me out, and kept asking leading questions (I had the feeling that she was punishing me for lodging a complaint). She gave me zero points. The MR, as expected, didn't get me anywhere, and due to post Covid backlogs I had to wait 12 months to have my tribunal hearing (August 2024). Award reinstated, standard on both, backpay, review in August 2025. The AR1 arrived so early, I feel like they are "eating" into my award.
This time I want to request a paper-based review only (on the back of my previous bad experiences, the severity of the impact on my mental health, the no changes in my conditions, and the tribunal win). I honestly can't put myself through another telephone assessment again, because I don't trust them at all. If the paper based review is going to cost me my award, I'll appeal and face the tribunal, but without having my health eroded by the stress and injustice of hostile assessments as well (that's my rationale, at least). Another reason for me requesting a paper-based review (and please don't laugh, to me it's very serious) is that in the past I felt that my foreign accent (still detectable after 25 years) doesn't do me any favours - especially under the current climate.
I have long-term conditions (depression, anxiety, fibromyalgia and IBS) which have been verified by the tribunal, I am not going to miraculously get better. And there are no changes either (although my fibromyalgia is more difficult lately - but I feel it hasn't worsened enough for me to try and fight for more points). I don't have loads of medical evidence this time (other than a physio referral that basically says that he couldn't help me, and another round of counselling). I will try and give as much detail as possible on attachments to the form (like in a new PIP application), as per your guide, as well as sending tribunal decision, medical notes, and a witness statement from my husband. My questions are:
1. If I complete a week's worth of diary (your template), does it matter when it was completed (could it be this week for example, basically before or after me receiving the AR1)?
2. Is it OK to say "not applicable" or words to that effect for the descriptors that do not apply to me - for example making and preparing food, rather than writing an essay that implies that I don't have any issues relating to it? (I will only focus on the same descriptors that the tribunal decided on, because there's no change since)
3. My request for paper based review - are they likely to honour it, and if so, is it going to be detrimental to my review?
And finally,
4. Could someone please say something, anything encouraging, I am literally feeling sick with worry.
Many thanks in advance.
This time I want to request a paper-based review only (on the back of my previous bad experiences, the severity of the impact on my mental health, the no changes in my conditions, and the tribunal win). I honestly can't put myself through another telephone assessment again, because I don't trust them at all. If the paper based review is going to cost me my award, I'll appeal and face the tribunal, but without having my health eroded by the stress and injustice of hostile assessments as well (that's my rationale, at least). Another reason for me requesting a paper-based review (and please don't laugh, to me it's very serious) is that in the past I felt that my foreign accent (still detectable after 25 years) doesn't do me any favours - especially under the current climate.
I have long-term conditions (depression, anxiety, fibromyalgia and IBS) which have been verified by the tribunal, I am not going to miraculously get better. And there are no changes either (although my fibromyalgia is more difficult lately - but I feel it hasn't worsened enough for me to try and fight for more points). I don't have loads of medical evidence this time (other than a physio referral that basically says that he couldn't help me, and another round of counselling). I will try and give as much detail as possible on attachments to the form (like in a new PIP application), as per your guide, as well as sending tribunal decision, medical notes, and a witness statement from my husband. My questions are:
1. If I complete a week's worth of diary (your template), does it matter when it was completed (could it be this week for example, basically before or after me receiving the AR1)?
2. Is it OK to say "not applicable" or words to that effect for the descriptors that do not apply to me - for example making and preparing food, rather than writing an essay that implies that I don't have any issues relating to it? (I will only focus on the same descriptors that the tribunal decided on, because there's no change since)
3. My request for paper based review - are they likely to honour it, and if so, is it going to be detrimental to my review?
And finally,
4. Could someone please say something, anything encouraging, I am literally feeling sick with worry.
Many thanks in advance.
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- latetrain
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19 hours 25 minutes ago #311543 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic PIP review after tribunal win
Hi Elowen
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
It is quite hard to request a paper assessment, unless you suffer from overwhelming psychological distress , you usually have to supply of lots of supporting evidence.
We would advise you to seek specialist advice from your local Welfare Rights Organisation: advicelocal.uk where they can take all your circumstances into consideration when giving you advice.
As to your last comment, you are among fellow members who also suffer from depression, anxiety, fibromyalgia and IBS and I am sure they will give you support and encouragement, on your journey.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
It is quite hard to request a paper assessment, unless you suffer from overwhelming psychological distress , you usually have to supply of lots of supporting evidence.
We would advise you to seek specialist advice from your local Welfare Rights Organisation: advicelocal.uk where they can take all your circumstances into consideration when giving you advice.
As to your last comment, you are among fellow members who also suffer from depression, anxiety, fibromyalgia and IBS and I am sure they will give you support and encouragement, on your journey.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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