Pip have stopped my payments after my condition got worse

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Hello all please help.  I was awarded PIP last July to be back paid for a year.  That order of the court was that i was paid up until Seotember.  After getting a standard letter from DWP in February the letter stated if your condition gets better ot worse contact them.  As my condition had got worse,  another prolapsed disc that needed a discectomy I contacted them. I had to complete a mew PIP form and had the asser from Capita come to my home.  2 Weeks later, I got a letter from the DWP stating I had 0 points on both Mobility and 0 on daily living...despite being awarded 10 points last year combined by the tribunial.  They had also stopped my PIP payments, so when i received the payment a few days ago, it was short by by £125.  i was horrified to know that the asser from capita was a unqualifed, but the DWP saw fit to take her word over letters and reports from my consultant and GP.  I have since been given a date for my operation in the next few weeks.  I called the DWP and asked for a reconsideration.  Four days after asking for a reconsidration, i got a letter telling me the reconsideration was rejected and i have he right to appeal, which I  will be...Is this right?  can they just stop my PIP after i called them in good faith to repirt the fact my conditioned had got worse?  I have a few other health problems like diabetes, failing eyesight and i had spinal surgery a year ago...please help havenot slept since this has happened..Im in such finacial problems due to this......

 

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10 Replies

  • Posted

    Hi Mianx

    The short answer is yes the DWP can stop your PIP if they receive a report awarding you zero points on all descriptors.

    However, you can challenge this via a Tribunal.

    Without sounding critical you are making the classic mistake in believing medical reports are the way to gaining an award for PIP. They are not.

    Medical reports only confirm diagnosis and that is the starting point not the finish with PIP. It is the effect of your illness/disability on you which is important.

    The most important piece of evidence is your PIP form where you describe any personal care or use of aids that you need to function. The description has to be clear, concise and contain no contradictions and gives you an opportunity to ‘link’ your disability to the extra help you may require.

    Any evidence of care such as a care plan/diary along with a carer statement would improve your chances.

    Also you said that you had surgery last year. Unless explained the assessor will assume the surgery has improved your condition and again a loss of points will follow.If you are going to Tribunal you need to think about this rater than simply concentrating on your diagnosis.   

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  • Posted

    When you informed the DWP of a 'change of circumstances' it triggered a new claim for PIP. Effectively you have told them that the award that the court made is no longer valid.

    The DWP go right back to the beginning and look at you as if this is a completely new claim.

    This is what has happened they are not bound by any earlier decisions even those made by a Tribunal.

    Many don't inform the DWP if you become worse as they know full well that their current award will be cancelled - they 'don't want to rock the boat'.

     

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    • Posted

      Hi Les and thanks for your reply.  I wish i had not bothered to report my change and i had no idea they go back to the beginning of my claim.  I will indeed think carefully as i submit to the tribunal as im in the process of completeing  the SSCS1 form.

      ​Many thanks for your advice.x

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  • Posted

    This is exactly what I have just gone through. I was originally 

    awarded 16 points last May for PIPS for  a year and a half , before I had shoulder surgery back in October  as I also  had had frozen shoulder for four years and have had Fibromyalgia for ten years. Due to having a compassionate physiotherapist as my assessor back in May  who came to my home he gave me the right points . Roll onto January this year after I told them I had been put into the support group with ESA  as my condition had deteriorated the young unqualified assessor who again came to my house gave me 7 points therefore my PIPS was stopped . I had no money coming in for 5 months which was petrifying as I have two young sons and am a single mother . After taking this to Tribunal I won and was reinstated with 9 points . After I had to prove the assessor had lied and contradicted herself , then as my two young sons are my carers ESA had to top up the back payment. Tomorrow I am facing an ESA reassessment which I am dreading because I know what illogical and irrelevant questions they ask us. I am hoping  I will be put into the WRAG group because my shoulder is still very weak and I still have Fibromyalgia.. The whole DWP system is a minefield. I suggest you go to tribunal where I stated I did not want to appear in court as it would be too stressful and physically draining. Best of luck in fighting this . Persevere and justice will prevail. 

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    • Posted

      Thank you so much for taking the time out and replying.  I will be taking this to tribunal.  I just think it's unfair as like yourself, i have a young family and divorced and losing this money without warning means that I wil have terrible finacial troubles as the money i was awaded was at a standard rate for both and I used the payment to pay for my car every month as I cant walk very far or due much with my spine being the way that it is.  Im so happy you got your PIP reinstated. I'm an idiot for thinking these people were here to help, not make matters worse.  All the best my dear.

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    • Posted

      There are many 1,000's of people that have been failed for their PIP claim that simply cannot face the prospect of appearing at a Tribunal.

      My last and only one was a complete nightmare. It was set down for a half day hearing. The Tribunal expected me to understand the various aspects of the law as well as what previous case law said. They expected me to argue based on that knowledge.

      Yes I won but only after a gruelling 2 hours of arguments and submissions. Never again - I never want to see the inside of that venue ever again.

       

      I would sooner lose money than have to suffer that stress and sleepless nights leading up to the big day

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    • Posted

      I know what you mean I was ready to give up hope many times but was so relieved when they could see and agreed mistakes had been made. I have to go through this nightmare all over again with the ESA assessment tomorrow. I cannot wait to actually be able to work again and lead a normal life . 
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    • Posted

       I cannot wait to actually be able to work again and lead a normal life

      I sit here and think the same, but at 68 there isn't that much that I can do.

      I do have to admit that the years leading up to when I turned 65 were pretty miserable - I felt a failure in not being able to work dreading every morning waking up and not having a normal life - go to work - come home type of thing.

      Now age has put paid to all of that so I do the next best thing - volunteer.

      Looking back I assumed that I would have been on a good pension or if not and considering that I have paid into the system all of my life, a helping hand from the Welfare State.

      Unfortunately neither has materialised - the country doesn't even recognise and support me with my physical and mental difficulties. 

      Sorry I am getting a little bitter and that is no good for anybody.

       

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    • Posted

      I had my ESA reassessment today and had a taxi sent over to pick me up from Bournemouth about 60 miles from where I live £70 to the taxpayer The DWP sent the poor man to the wrong address.It takes an hour to get over to the assessment centre in Salisbury from my house we got there within 45 minutes to then wait a further 40 minutes at.the assessment centre. Finally I was seen by a nurse who told me I.needed to see a.doctor but they did not have one. So you will have to be rebooked. This was after a very uncomfortable 2 hour car journey. I could not believe this had happened for.the third time since last year !!!!!!!!

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    • Posted

      I am so sorry that you have been treated so badly. I am in the trap of being in between being found fit for work or not. If they decide I am I need something double quick as a job up my sleeve . The irony is my arm is still very weak and Fibromyalgia makes one not think straight,dizzy and lack of sleep plus aching all over. So much that my brain is working but my body thinks otherwise.
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