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Losing PIP, what do we do now?

ChopinChopin Posts: 1Member Listener
edited February 28 in PIP, DLA and AA
I am writing on behalf of my daughter, who although is 27 is unable to read or write following brain surgery back in December 2017 for epilepsy.
She worked until June 2016 which followed her first tonic-clonic fit which was followed by monthly fits.
She was rejected ESA and PIP at first so went through the appeal process and tribunal which she won back in August 2016 for the Daily Living but not mobility, despite her not being able to go out alone as she has limited memory of remembering a route.
However back in March last year she was taken completely of PIP following her Surgery as the DWP deemed her "cured" of epilepsy and therefore able to work and make her own way.
This was despite letters from her consultant and speech therapist to the contrary as well as old doctor letters that stated that she would have to be 3 months without fits to be able to be employed again.
She has continued to have fits (she has four types) and although the tonic fits went away, back in May they came back and have become more frequent each month.
She appealed again on both as she was also reduced on the ESA as again they had deemed her cured of epilepsy.
Her mentor for filling out the forms spoke to the DWP last week and discovered that they didn't have the appeals, this is despite them being sent recorded delivery.
However the DWP state that recorded delivery doesn't prove anything?
What does she do now?
If she starts an application all over again she will lose a large amount of back dated payments as she will win the appeals as she did last time.
Any advice would be appreciated.

Replies

  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    Hi @Chopin, and a warm welcome to the community!

    I'm so sorry to hear about your daughter's experience, what a frustrating situation for you all. I'm so sorry you're having to deal with this on top of everything else. 

    We have some experienced members and advisors on the community who will hopefully be in touch and able to share their thoughts. In the meantime, it may be worth looking into local welfare services near you, to see if there's any additional support they can offer. Please do keep us updated, and I hope things move forwards for you soon.
  • CockneyRebelCockneyRebel Posts: 5,250Community champion Disability Gamechanger
    Hi

    When did you receive the decision letters ?
    You should again ask for a mandatory reconsideration, although this should be within 28 days they should accept a late request with good reason. Most MR's don't change the decision so then submit an appeal to the tribunal which should be done within 13 months
    Be all you can be, make  every day count. Namaste
  • Paulines7Paulines7 Posts: 18Member Listener
    I agree with Cockney Rebel, write to them again asking for mandatory reconsideration and explain again about your last MR going missing despite being sent recorded delivery.  Enclose a copy of the Recorded Delivery receipt that the Post office gave you.  From my own experience of my son's Appeals, I would recommend the following. Save every report that you have from the medical professionals, speech therapists etc as you may have to take your daughter's appeal to a Tribunal at the Court.  If this happens, get an up to date letter from your daughter's GP and send a copy of it to the Tribunal together with copies of all her medical reports and keep the originals with you for the day of the hearing.  It could be helpful if you, as a mother and carer of your daughter, also write a report about your daughters brain surgery and epilepsy.  Explain how often she has the fits and how she has limited memory and cannot go out alone.  Good luck.
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