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Do I carry on with PIP Appeal or make new claim?

Posted , 3 users are following.

shyminx
shyminx

Hi everyone

I'm in a bit of a quandary about what to do about my PIP Appeal. My Appeal has been sent to the courts and I have received notification that they have received my paperwork. It has come to this after my DLA to PIP Assessment where I had it ALL refused and so were the Mandantory Re-considerations.

But just before the Assessment took place I was diagnosed with Fibromyalgia Rheumatica by my Rheumy. I did tell the Assessor about this but it was ignored by her (she was probably too busy thinking what lies she could put in her report because it was full of them!!). Since the Assessment I have also been diagnosed with Pulmonary Fibrosis. My GP (who is fully supportive of me and has written a great letter for my appeal) who does a lot of appeal letters and keeps up to date on most things told me that the Fibromyalgia would not be considered because it was "not enough" for PIP claims but that the Pulmonary Fibrosis would get me instant full PIP.

My problem is that the DWP have obviously stopped my DLA (since 7th August) and have now written to say that my ESAA has been reduced by nearly £70 a week as of next week, this brings a drop in benefits to approx £540 per month. I am going to struggle very much financially, I live alone, have 2 dogs that need feeding as well as myself (although I don't eat much) and of course, bills to pay. 

Does anyone know if I was to make a new claim for PIP, would it affect my Appeal? I'm supposing that it will but am not sure and what with it being Saturday I cannot contact the Charity that are helping me with the Appeal to ask them and it's driving me crazy not knowing what to do for the best!! Obviously a new claim will bring back my benefits faster than the Appeal will (it's 6 months + waiting time for a court hearing in my area) so I wouldn't be struggling financially for as long than if I wait for appeal to go ahead. I just don't want to be struggling for the few years I have left of my life, hell, I don't want to be struggling at all!!!!

I'd appreciate any advice you can give me ...thanks in advance

0 likes, 3 replies

3 Replies

  • denise15811
    denise15811 shyminx

    Posted

    Hi,

    Firstly, the advise from your GP that your fibromyalgia won't get you PIP and your Pulmonary Fibrosis will get you instant full PIP is complete nonsense, sorry. PIP isn't about a diagnosis, at all. It totally depends on how your conditions affect you daily. You can have a diagnosis of 10 different things but it wouldn't help in the slightest. If you don't fit the PIP descriptors then you won't be awarded any PIP. It's totally different to what DLA was.

    If the symptoms of all your recent diagnosis's were mentioned at any point during your claim, either on the form or at the assessment then the Tribunal will take them into consideration, even though as i said a diagnosis makes no difference and won't help you get a PIP award.

    Starting a new claim for PIP whilst waiting for a Tribunal is the worst thing you can do right now. Any decision made on a new claim will overrule a Tribunal decision. So if you have your Tribunal first and you were awarded either part, then you had a decision on your new claim and it was refused, this would overrule any decision made by the Tribunal. Worst decision ever to be honest. To constantly start a new claim is not the way to go because it won't help, you'll most likely keep getting refused, especially if you use the same evidence that you previously used.

    71% of those that appear in person at the Tribunal hearing have a decision in their favour. The rate drops to between 5-8% for those that ask for a paper based hearing. It's not a court, it's a Tribunal.

    The reason your ESA money reduced is because you were claiming the severe disability premium on top. To claim this you must claim a qualifying disability benefit such as PIP daily living. If your Tribunal decision goes in your favour with at least a daily living award then you can re-claim the SDP and it will be backdated to the day it stopped.

    So, my advice please do not start a new claim for PIP, carry on with the Tribunal and make sure you send all your evidence to the Tribunal to arrive no later than 10 days before the hearing. Good luck.

    • denise15811
      denise15811

      Posted

      One thing i forgot to say... your GP stating "Fibromyalgia would not be considered because it was "not enough" for PIP claims" One of my conditions is fibro and i claim standard daily living and enhanced mobility. Lots of people claim PIP for the way this condition affects them. Your GP is so wrong to say this to you because it's far from true.

    • shyminx
      shyminx denise15811

      Posted

      Hi Denise

      Thank you for replying and your advice. I had written a detailed reply to you but for some reason my computer just wiped the whole lot off the screen!!! sad

      I will probably wait for the Tribunal, I just hope that I will be able to cope financially until then (next year at least), I will also see what the Charity who is helping me with my appeal says about it, they do dozens of these on a weekly basis, when I lost all me awards at the Assessment the man who is helping me could not believe it, he said that with my disabilities I should of got the whole award back again.

      Thanks again for your help, take care.

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