PIP - What next?
Posted , 4 users are following.
I was supposed to get PIP until December 2017 but i was sent for a medical and it was taken off me December 2016. I waited 10 months until my Tribunal date, in which they sided with the lies told in the medical and didn't really ask any questions about the problems i have. They berated me for crying and just generally i don't feel it was fair. I have a lot of physical and mental problems and i wouldn't claim if i didn't think it was necessary. Anyway, i'm now being told that i have to wait 6 months to reapply - that's after 10 months in which my conditions have gotten worse waiting for a tribunal date. They don't care about how you are inbetween the medical and tribunal, they only want to know about how you were then yet they're telling me i can't apply for 6 months? I don't understand this, it doesn't seem right. Can i apply again now or do i have to wait the 6 months?
Thanks.
0 likes, 9 replies
denise15811 DS58121
Posted
Hi,
I'm sorry to hear this. I have no idea who told you that you have to wait 6 months because that advice is wrong. You can apply for PIP again but it doesn't mean you'll be successful. I've heard many people being refused at Tribunal and put in another claim only to be refused without an assessment, but there's no harm in trying. Do you have more evidence to prove that your condition's got worse? If you do then this will help, if not then i will advice you to get more evidence because otherwise you may just be refused again, especially so soon after failing at Tribunal.
The Tribunal are correct in saying that they can't take your condition into consideration if you've got worse. They can only take into consideration when you had your assessment. PIP is usually reviewed 1 year before, unless there's an end date in which it will be a new claim 3 month before the end date. Good luck.
john1987 DS58121
Posted
denise15811 john1987
Posted
Hi John,
That isn't exactly correct about applying again if your condition's changed. You can apply again whether your condition's changed or not, as i said in my first post.
Good luck to your mum with her decision.
DS58121
Posted
Hi,
Thanks for the advice. I've had alot of trouble getting evidence as my GP refuses to give me it. However, I had put things on the form last time that was somewhat discussed at the medical but not the tribunal as I wasn't on medication for certain things at the time of my medical but I am now. I have also just been told that surgery is unlikely to fix one of my conditions, have just been told I have chronic pain and will be referred to the pain clinic. Are these things that are likely to help me when applying so soon? I know that you can't say 100% yes but any help would be appreciated.
denise15811 DS58121
Posted
Hi,
The honest truth, no i don't think they will help you because PIP isn't about a diagnosis. It's about how your condtions affect you daily. Unless your condtion has got significantly worse then you maybe refused again but you can only try. Also future appointment letters/dates aren't classed as evidence.
The evidence you need to concentrate on is, GP letters, Consultant letters, MRI scans, List of all medication printed off from GP, dairy written by yourself. a letter from someone that knows you well, Occupational Therapist reports NOT future appointment letters. Good luck.
john1987 DS58121
Posted
DS58121
Posted
Hi, sorry about all the questions but would I penalised if i wasn't successful? Or would I have to wait a further 6 months?
Also my GP refuses to do letters, they say that they're "not allowed" and I think this hinders me alot to be honest but what can I do? I can't force my GP to give me a letter. I just don't understand why they say they're not allowed but I'm being told elsewhere this isn't true, it's very frustrating!
Thanks again!
denise15811 DS58121
Posted
If you're not successful then as i said before there's no length of time you have to wait BUT your chances will become less everytime you apply. There may even come a time that you'll be refused without a face to face assessment, because this is possible. For PIP you do not need an assessment to be refused. I've heard there's people who've been refused on a paper based decision.
As for the evidence from your GP, what you heard about it being wrong is totally untrue. GPs are well within their rights to refuse a letter for PIP and any other benefits. Infact a lot of GPs refuse, the reasons being are they don't have time to write letters of support for things like this. Also a person may not see their GP very often, therefore they may not know their patient that well, especially when it comes to claiming a benefit. My daughter hardly ever sees her GP and she would be the last person i'd ask for evidence from because she doesn't really know anything about her, other than the letters she gets from other Consultants.
Evidence doesn't have to be from a GP. It can be a diary written by yourself, in detail explaining all the difficulties you experience in a particular week or 2. If you use aids then tell them in the diary and why you use them. If you need to help at all from another person then state this in your diary. You could also ask someone that knows you well to write a letter for you, again stating clearly the difficulties you have.
One question i do have though is has your condition got worse sonce the last time you applied? and i don't mean at your tribunal either because a worsening of condtion can NOT be counted at a Tribunal. At a tribunal they can only consider your condition at the time of the face 2 face assessment.
DS58121
Posted
Hi Denise,
Thank you so much for your replies. In terms of pain and deterioration etc, my conditions have gotten worse but to them they won't take that into account as how my conditions make life difficult are still the same. My husband does everything for me, helps me bathe and dress and stand, sit and walk. I very rarely cook because it is difficult for me to do so - those are the things that remain the same as last time I applied which is all they really care about.
Thanks again.