Has anyone successfully appealed against a PIP decision for depression / anxiety
Posted , 6 users are following.
I have been unable to work for the past 18 months after becoming depressed in 2010. I had lots of time off sick from my nursing job and was eventually dismissed. I applied for PIP but was turned down (scored 0), asked for reconsideration and sent a letter of detailed support from my mental health support worker and a family member. Still scored 0 because I had attended the appointment appropriately dressed and answered all the questions. Therefore I do not have any real problems with going out, engaging with others, communicating or self care. Yet I struggle daily with all these things and am frequently house bound and unable to do very much. Not sure if it is worth appealing though as if I turn up, will this go against me?
1 like, 24 replies
hypercat sweepie3
Posted
les59996 hypercat
Posted
I have just read sweepie's posts and after Anthony's excellent comments, they can understand why they haven't qualified for PIP. In fact thay are taking the view that using those comments they would have very little chance at a Tribunal.
To suggest that they appeal leads me to think that you would condone the fact that everyone should appeal even if they are satisfied that it would be a waste of time.
Surely you would have to believe that you would have to have a better than 50% chance of winning in the first place BEFORE making the decision to appeal?
As you know the system is clogged up and putting in claims and making appeals when you don't believe on the 50% basis that you be entitled or win at a Tribunal only causes more of a delay for those that genuinely believe that they are entitled.
anthony97723 les59996
Posted
I have to agree with 99% of your comments Les but I would still urge Sweepie to seek a second opinion from the CAB or welfare rights specialist. If they believe Sweepie's chances are well below 50% then she should think hard about whether to appeal taking into consideration the stress etc.
ivan17274 anthony97723
Posted
anthony97723 ivan17274
Posted
Ivan they work for the HM Court & Tribunal Services. The Chairman is a legal expert, his wing members are made up of a medical expert and a disability representative.
They work on a majority voting system (i.e. 2-1) but 9 times out of 10 it is a unanimous decision (3-0).
Tribunals work mainly in the same way as civil courts (balance of probablities) but are slightly different in that the Tribunal members ask the questions rather than a cross examination from a representative.
ivan17274 anthony97723
Posted
oh I see.i wondered beforehand when you mentioned a few times about balances of probabilities but was to frightened to show folk how nieve I am.if ever I go one I'll personally ask for you.when I first read it I thought you meant the queen paid for it.only kidding.thanks for info.
les59996 ivan17274
Posted
The last time the Monarch had anything to do with running the country ended with the Civil War!!!!
Having said that I'm pretty sure good Queen Bess would do a far far better job of it than the politicians of today.
les59996 anthony97723
Posted
I agree with getting a 2nd opinion.
I do wish people would think hard about making claims 'on the off chance' and then clogging up the Tribunal system with appeals that have less than a 50% chance of being successful.
It just seems to be a matter of course today to automatically put in a PIP claim because they have just been awarded ESA. 'you might as well, you have nothing to lose' attitude.
nin100 sweepie3
Posted
i did go to appeal and agter initally saying i wanted a paper hearing got talked into attending and i won basic rate on both and they were tough but kind and fair at the appeal 2 doctors and a lawyer far better qualified than the initial assessor.
go for it ,i am glad i did