Refused PIP again, am i really not entitled or should i take this further?

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Okay, so i'm up to the point of a tribunal for PIP, and i'm so certain i should be entitled but now i'm beginning to doubt myself because they are doubting me.

I suffer from migraines, nearly daily. I have some so severe they turn into hemiplegic migraines which present like a stroke and i can barely walk or talk or do anything for myself. 

I have hypermobility and with this i have joint pains from my joints popping out or stretching too far and locking in positions that are awkward that i haven't realised until it's too late such as standing for long periods of time which also makes my hips pop out.

I am being tested for fibromyalgia officially after being told for 2 years i have it but from doctors who aren't confident enough to diagnose it. I get stabbing pains and shooting pains which my physiotherapists say aren't normal with hypermobility.

Some days the brain fog is horrendous and i can't remember anything.

Sometimes i can barely walk from my knees locking up and my hips popping out.

DWP have scored me 6 for daily living because i can read and communicate and budget. I scored nothing for mobility even though i wrote with a follow up letter saying how hemiplegic migraines affect me and it's clear they didn't read it..

Am i wrong to think i'm entitled? I'm terrifed about a tribunal and i don't want to go through it if i'm going to get laughed at for going when i don't deserve it, I don't want much, just a bit of extra support sad

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13 Replies

  • Posted

    Hi Liz

    Firstly you have my sympathies with the difficulties in the claim process for PIP. Secondly if you are to be successful on this claim then you now HAVE to go to a Tribunal. Thirdly a Tribunal sounds and looks like a court but it is less informal and the bench will listen to your side of the argument.

    I'll start with the bad news. Being 'tested' for fibromyglgia is more or less useless. For FM to be evidence you MUST have an official diagnosis. Your opinion on Doctors who are too shy to diagnose is totally irrelevant and will probably due more harm than good. Also you don't score points for being able to do something i.e. Reading, Writing and Communicating. You would have scored the 6 points for something else and 0 for the above if you can actually do them. In your post you don't claim to unable to do so therefore it's not surprising that you did-not score anything.

    Now on to the good news and that is contained within the 6 points awarded. It is possible that the areas where you did score could possibly be increased if you can justify that being so. You have proved your condition now you need to prove how it affects you. Carer statements, Care plans, Disability Aids, Medication (and its affects) plus supporting statements from Doctors, Nurses or Consultants involved with your conditions.

    Mobility is different to Daily Activities but the same principles exist. Have you any walking aids such as mobility scooter, wheelchair or even walking stick? Do you need someone with you because of mental health issues?

    No one on this forum can tell you whether you are entilted to PIP, that decision will now be made by the Tribunal. But to have the best chance of success you need to get your message over to the board members.

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  • Posted

    I have been on daily living allownce for just under a year now. My condition has gotten worse and so ive filled a form in to ask for a review which i sent last week.

    I got a phone call this evening at 7pm telling me i have an appointment this saturday 19th sept at 9am.

    I am pleased i was expecting a longer wait but i have been told if i am refused the review i will lose my original pip claim i would love to know if this is correct.

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    • Posted

      Hi Dawn

      When you report a change of circumstances (in your case your condition has become worse) the whole of the DLA/PIP claim is looked at again. If in their amazing wisdom ATOS/DWP decide that you no longer require Daily Activity Assistance or Mobility Assistance then Yes your claim can be brought to an end.

      You say that you have been in receipt of a disability benefit (DLA or PIP) for just under a year so the chances are your condition hasn't proved enough to stop your benefit.

      That said supply the assessor with as much evidence as possible and take nothing for granted.

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    • Posted

      I cant walk any further than my front door to my husbands car which is on the drive so basically 4ft im in constant pain im now on facet injections every 4 mths and constant painkillers. All this as changed in under 8mths of being on pip
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    • Posted

      It has nothing to do with wisdom at all, it is all down to the Decision Maker that you are allocated. Some are fair, some are hard, then it depends if they feel generous or difficult. Two assessors looking at the same case using the same evidence can and do come up with two totally different decisions - and both will be right!
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    • Posted

      Les I think you have taken my 'Wisdom' remark totally out of context it was clearly made to be ironic.

      I'm fully aware of the discression the Decision Maker has but the OP was

      asking a question was it possible for the benefit to be stopped. I explained the possibility and your contribution really is of no help whatsoever.

      Very strange behaviour.

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  • Posted

    Hi again Liv

    This is the kind of thing which you must bring to the attention of the DWP DM/ATOS. It is direct evidence on how your condition is AFFECTING you and is extremley important. If you have consultant letters or something from your GP about the extra injections include them in your application.

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    • Posted

      I agree, it is evidence of how the condition(s) affects you in your every day life and NOT what the condition is or how it is being treated.

      It doesn't matter how many injections a day you have or how many pills you take or why, what does matter is that they will want to have evidence that backs up what you claim to have problems with - care needs/mobility issues and why.

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    • Posted

      Now that reply does help although it is only repeating what I have already pointed out.

      Again very strange.

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    • Posted

      I had my pip assesment saturday 19th. The assessor was really lovely, and sympathetic to my condition.

      She asked me to stand which my husband had to help me with and she asked me to walk a few steps but told me to stop after about 4 seconds as the pain was too much and i started crying.

      I was told i would hear in about 4-6 weeks of there desicion but it may be sooner.

      It went well and all i can do now is wait

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    • Posted

      I had my assessment yesterday 25th sept......and i also had to walk over to consult bed......i did make it but was in great pain......he also got me to swing my legs,lift legs,lift my hands and put hands round my back on which i could hardly do......he as very nice and said to me is this a bad day for you......and yes it was i was in great pain and he did know that......has anybody else have this when they had there assesssment,i wish you luck dawn,

      take care

      Myra22

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