Pip tribunal
Posted , 4 users are following.
Finally had my PIP tribunal after waiting almost a year.
Had previously had my points increased at MR but thought I had still been underscored. They added 2 points to my daily living bringing the total to 10 and 4 points to mobility bringing my total to 12 which was very welcome and put me in the enhanced mobility bracket. However, my daily living still fell short of enhanced and I knew my limitations. Hence the tribunal. Thankfully the tribunal agreed with me and raised my daily living to 14 awarding me enhanced daily living aswell backdated to March 2017. In addition, they have suggested to DWP that any review in the future would be inappropriate. My original review was due in 2021 so hopefully I will not have to go through the stress if the last year. I'd like to thank everyone who was supportive on this site and know that it is worth appealling if the DWP are shirking their responsibilities with you.
0 likes, 6 replies
AlexandriaGizmo jackie87522
Posted
That's great news for you and possibly for others awaiting tribunal, i hope you dont mind me asking but what criteria was your claim based on, im in the process of filling out my reassessment forms, have plenty of written support from my numerous medical practitioners but i know this is not nescassarilly a definite for being given it this time, strange because they give it you for a set of reasons but even if those reasons are still there and some are worse they can still reject your application.
jackie87522 AlexandriaGizmo
Posted
Hi Alexandria. . My claim was for Severe emphysema and other conditions but this was the one that was causing most functional symptoms. I feel that the initial face to face assessment did not take into account the problems faced by someone who can t breathe and I know that they say it's not the illness but it's how the illness affects you but very little consideration was given to the fact that the condition by definition means that you don't escape the functional problems that go with that illness. Its unfair that we have to jump through so many hoops and wait so long for justice. I did produce a couple of hospital/ GP letters to the tribunal but these related to my condition as it now is and not really to how it was when I had the face to face over a year ago. I didn't actually think these would be relevant but produced them anyway. My situation is slightly different to yours in that this was an appeal and not a review so I'm not sure if this is going to help but good luck with your review. You know what you're capable of so keep on until you get what you will know is the right decision. Anything else you want to know about my journey, please ask.
denise15811 AlexandriaGizmo
Posted
Medical evidence carries very little weight unless it specifically states how your conditions affect you. Most often with medical professionals it's very difficult to get evidence that states how your conditions affect you against the PIP descriptors. I'm not saying that all medical evidence will be this way but a lot will.
Letters from someone that knows you well and even a diary written by yourself will carry more weight than a letter from a GP that doesn't know anything about your daily life and exactly how you're affected. The best form of medical evidence will usually be from a learning disabilities team that most often go into specific detail about a persons condition and how they're affected.
When writing letters of support for evidence you should give at least 2 examples of real life struggles for each descriptor that applies to you. So if you can't prepare a simple meal because of safety and you've had accidents in the kitchen or you've forgotten to take something off the hob then this is the sort of thing that they will be looking for. Likewise for following and planning a journey, if you're unable to go out alone because of anxiety then explain what happens when you're outside. If you were out with someone and for some reason that person left you, how would you cope? Would you be able to get home from where ever you are? Would you be able to cross the road safely? Maybe you wouldn't be able to do this because your anxiety is too high at that moment and you wouldn't be able to concentrate on the road and your surroundings. These are just examples from the top of my head and may not even be related to you but i just wanted you to understand what im trying to say.
Don't write pages and pages for each descriptor that applies, try to keep it as simple and as straight to the point as possible. Use a highligher pen to highlight the most important points if you have to, so that those points stand out. All these things add up and the more information you tell them the more chance you have of a paper based assessment and a decision in your favour.
Filling in the form whether it's a new claim or a review is the most important part of anyone's claim. The more you put the less you have to tell them during a face 2 face assessment, if you have to have one and most do. There's not always time to give as much information as possible in the short time during the assessment. The assessment is purely just for extra information about your condition and how you're affected.
Hopefully this helps, even if you don't agree with some of it. lol Good luck and i really hope the decision goes in your favour Alexandria... let me know please. x
denise15811 jackie87522
Posted
Great news well done! Backdated payments can take anything up to 8 weeks, sometimes less. Relax now.
jackie87522 denise15811
Posted
Huge sigh of relief. Not just about the points but also the recommendation that further assessments would be inappropriate. The judge did say that the DWP could still call me in the future for another assessment but they are not recommending that. I feel for people who understandably cannot bear to put themselves through the trauma of fighting for what is theirs and it sickens me that the DWP know that , and do nothing to make the process easier. They could start by changing the wsy assessments are carried out by inexperienced healthcare people. Whatever they say, these people should and need to have a wider knowledge of every condition. This, of course, is impossible so the alternative is to listen to individuals health professionals and people who know the person. The DWP are an extremely hostile organisation who think everyone's defrauding them and the role of the claimant is to convince them you're not. To put this pressure on people who are sick and disabled is nothing short of barbaric....in my opinion!! I wish everyone on here whos going through this process good luck and persevere.
denise15811 jackie87522
Posted
The Tribunals wording for the award "that any review in the future would be inappropriate" means that the Tribunal couldn't give an award length of time and have left that up to DWP, however you should be given an ongoing award with a light review after 10 years. This type of award can only be given to those that have Enhanced for both daily living and mobility.
I'm not sure i agree with HCPs having a wider knowledge of every condition because all conditions affect people differently and there's no text book that says 2 people are affected in the same way. As PIP is not about a diagnosis, more about how those conditions affect your ability to carry out daily activities then a wider knowledge isn't what it's about.
So many people really do not understand the PIP process and having some knowledge yourself about what the descriptors mean, will always help. You'll be amazed at the people that do not understand what each descriptor means. The descriptors are very specific and some will not qualify, regardless of them thinking they should.
Although this doesn't mean i agree with the constant hassle and preasure they put us under, even more so for the people that have conditions that won't improve and those that have conditions where no further treatment is available.
Anyway, well done for winning. Hopefully DWP won't be too long paying you your backdated money.