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PIP Tribunal decision

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  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    @shay17

    Thank you!  I wish you well for the future, too.
  • tigger8596
    tigger8596 Community member Posts: 1 Listener
    Inspired to read some of the success stories on here.  I have bipolar, severe deafness, moderate to severe osteoarthritis in left knee, angina and ischemic heart disease.  ATOS and DWP turned my down with only 2 points for hearing aids.  They claim I rarely encounter noisy situations.  I appealed and had tribunal this morning.  I broke down when the disability woman kept on about my voices I struggle with.  My husband said they looked shock then.  I don' know their decision yet as they said it would be posted out to me. I was questioned for an hour.

    Amy
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    Hope it's a good decision, @tigger8596
  • ceege4
    ceege4 Community member Posts: 40 Courageous
    Hi Everyone I have been waiting over 20 weeks now for a tribunal date. Does anyone know how long it takes to get a date? Also, how do I find out where (locality) the tribunal is likely to take place? Many thanks Ceege4
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    ceege4

    I had to wait 5.5 months in London, but waits are longer now.  Unless Tribunal Clerk's letter has said otherwise, probably he hearing will be at the letter heading address but you could find out for sure by phoning the Clerk.
  • cobra
    cobra Community member Posts: 36 Pioneering
    @Matilda or after reading your inspiring messages I feel like having a Waltzing Matilda with you.
    This is my predicament and I'm at the level to send off for a tribunal at a court.
    **********************************************************************
    Hi, my name is Cobra, though I don’t bite.

    I’ve a similar story like Juttle, but a few stages further.

    I’d just turned 68 some 4 days ago. I’ve been receiving DLA HRM and HRC ……INDEFINITLEY for the last 12+ years since 2004. I had to go to a Tribunal with the Solicitor’s help. There was a cut off date for people to go from DLA to PIP which had I been 2 years older (63 instead of 65) I would have automatically qualified but alas that was not so !! I’ve been driving a Motability car for the last 12+ years.

    I have been diagnosed with Arthritis since 1975 when I had my first of 17 separate operations to different parts of my body for different ailments. The ailments include insulin dependent (very high dosage 160-180 units) + tablets-controlled Diabetes, Hypertension, High Cholesterol, Neuropathy, frozen shoulder, Diabetic foot, Cataract + EYLEA, etc. Now at my age I’ve also been suffering with personal hygiene problems which involves with ‘accidents’ It would be inappropriate to write all these here.  My files at 2 city hospitals, podiatry, optician, OT, and my GP’s surgery would be full of reams of paper. I was visited by my OT in 2005 and made a full report and suggested to me and to my local council to have full downstairs disabled facilities to be converted from my garage. My council even gave us some 80% grant. We had the Full Disabled facilities done by 2005.  I also had further OT visits through my GP’s requests and they provided me with 2 metal walking sticks. They also provided a ramp and two grab rails to the front of my home.

    I had a home visit by an assessor before Christmas. My son had asked if he could bring any tea / coffee or soft drink as is our traditional Indian custom for ALL visitors. She however declined. Then the grilling started, and she kept on pestering personal questions which made me cry. My son had to comfort me and bring some water for me. I asked her if she needed to check my disabled facility and again she declined.

    I had heard nothing for weeks than I received a letter dated 05 Jan from my local council that my changeover from DLA to PIP will not vary for council Tax purposes and will remain same.


    I’d then presumed that my PIP application has been approved. Therefore, it seemed my council received the notification from DWP before they had posted to me. I waited 3 more days to see if their letter would come and it hadn’t come so I rang to check if the letter had gone astray. Then DWP informed me that it was ‘sent’ on 05.01.18. Then further 2 days had passed and on Friday 12.01.18. To cap it all I found out that DWP had only given me 6 out of 74 points for Daily Living care (I had calculated 30 points) and 10 out of 24 points for mobility. (I had calculated 20 points).

    Than I read what were the reasons given and I was flabbergasted to learn that the assessor’s report was pure fabrication and a pack of lies. The ‘tests’ I was made to do was exaggerated and some weren’t even asked so the DM made upon that information. I was told that should I want to ask for Mandatory Reconsideration Notice I’ve to send within 30 days. DWP deliberately took out approx. 10 days out of 30 days by posting to the council on the same day 05.01 as they said that they had posted to me which I received their letter on 12.01 I’d complained that to my MP as well, not that it would make any difference to a Tory MP.

    I than made a MRN in time with what I’d thought I should the points have received and what I got. Again, it took some time to receive even a worse report and their letter thus discouraging me to appeal. This letter was dated 29 Jan was received a day after my 68 birthday on 05 Feb, i.e. 7 days to receive. Now again they’ve said that I’ve got 30 days from their letter dated 19 Jan for an appeal. By doing this you’re rushed in to writing to the courts for an appeal.

    I am in tethers who to turn to, to help me make a winning appeal as CAB (they don’t have funding in my area), Helping Hands (they’ve got too much work so nearest appointment is in March) and now I’ve managed to get a call appointment next Thursday 15 Feb.

    Sorry for this long message / rant but I needed to warn others of what’s happening with PIP. This message has taken me some hours in separate time and I hope it makes sense.



  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    @cobra

    Thank you very much for the compliment :)

    Hope that Helping Hands can help.

    You only have to give an outline of your appeal case on the SSCS1 form in order to post it to meet the deadline.  When the tribunal have sent you the DWP's evidence bundle then you can make your detailed submission and attach any additional evidence.  You can send in additional evidence up to 7 days before the hearing, and even submit up to 2 pages of A4 on the day.
  • cobra
    cobra Community member Posts: 36 Pioneering
    @Matilda Many thanks for quick reply.
    Helping Hands had told me (some 10 days ago) that the earliest they can help was in March. I haven't tried them back yet.
    Its the form SSCS1 that scares me so I wanted step-by-step help. It's the first step (as Buddha said) that is the hardest especially after failing for the first 2 PIP failures. So any help will be much appreciated.
    God Bless
    PS: b
    By the way how long does Scope take to accept my message on it's site as I'd initially posted on someone else's post before realising what I'd done? I've been getting notifications but they've still not put up my post.
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    @cobra

    It doesn't usually take more than a few hours to put up a new thread.

    Scope Helpline might know if there are other f2f help organisations in your area.
  • cobra
    cobra Community member Posts: 36 Pioneering
    Thank you kindly
  • Grateful01
    Grateful01 Community member Posts: 5 Listener
    Matilda said:
    Hi @dafflover

    It was the positive Tribunal decisions posted on here that encouraged me.  I think it's usually worth appealing despite the slight risk that claimants might lose their entire award.  65% of appeals succeed.

    I think what swung it for me was:

    - medical reports, though old ones
    - that I've had rheumatoid arthritis for nearly 30 years
    - before DLA/PIP changeover I was on DLA highest rates both components
       indefinitely 
    - that I had already been awarded PIP 11points daily living and 10 points mobility

    Were you on DLA before and did you ask for the medical reports from then to be included in your PIP application?

    Because of the Election, there are no MPs at the moment, only candidates.  After the Election you'll probably hear from your MP.

    Good luck with your appeal!
    CONGRATS ON UR AWARD! I too was awarded indefinite DLA HIGH RATE ON BOTH..AND THE ASSESSOR 'SLIPPED UP! I now have 22 points but want a tribunal to ask "Y AM I HAVING TO B PHYSICALLY SICK WITH WORRY OVER THE ASSESSOR (NURSE) LIES! I was also told over the phone that NO ONE RECEIVES PIP INDEFINITELY!!! I'M DETERMINED TO GET IT ALL BACK! 
    AGAIN..WELL DONE! 
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    Thank you, @Grateful01.  Good luck with your appeal.


  • ceege4
    ceege4 Community member Posts: 40 Courageous
    Well done Matilda! So pleased to hear your good news. My tribunal should have been this Tuesday but it was cancelled due to staff shortage they said. I've had a letter to confirm the cancellation but have no idea how long the wait will be for another tribunal date. I've been fighting this for almost a year now and it just seems like it's never ending. Has anyone else had their tribunal cancelled and how long did they wait for another date? Again, well done Matilda. Hope you can now get on with your life and put all this behind you! x x
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    Thank you, @ceege4

    Hope you don't have to wait long for a new date.  Hang in there - 65% of appeals succeed!
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    Hi@ceede4,my partner had his tribunal cancelled last May and he finally got to court in October. It was worth it in the end as it was all overturned. I know it’s hard but hang in there, I also phoned the court and said he would take a short notice appearance. Good luck and hope you don’t have to wait to long 
  • ceege4
    ceege4 Community member Posts: 40 Courageous
    Hi @Jayne66
    Thank you for your reply. I was hoping it would only be a few weeks but it could be longer it seems. I said on my original application that I would take a short notice hearing but I will ring to confirm this. Glad to hear your partner got his overturned!
  • erm
    erm Community member Posts: 63 Courageous
    I have attended with people to PIP. There are huge differences in the assessors and centers One lady was helpful as it was evident the person had many problems and was in pain they got High and High. Yet another person with the same problems had their assessment at a different place the building was not inviting, awkward to navigate to the room right down the corridor and everything was designed to make it hard for the person even door holes were not large. Despite them having exactly the same conditions as the other person the interrogation lasted nearly 2 hours, questions were repeated in different attempts to get differing responses.

     I can understand if they suspect the person isn't genuine but when it's obvious they have physical problems it beggars belief to have someone in extreme pain and distress keep going over the same stuff. I had to answer many questions for them as they were getting too upset at the personal questions. It is obvious if someone cannot dress upper or lower body they cannot wash or dress upper or lower body and would need help sometimes to wipe themselves on the toilet on bad days.

    They also got high and high awards but the points were less than the 1st person as there was no mention of the 2nd needing help with upper body. re cooking they both even though neither can hold a potato peeler or sharp knife or handle hot pans due to hand problems they also suffer fatigue easily die to the massive amounts of pain yet both had the 8 points for unable to cook themselves denied and 4 given for needs help to cook. it seems .gov  class being able to put a cold pie or ready meal into the microwave as preparing and cooking food even though neither could lift out the hot plate or meal if they put it into a microwave and do not eat warmed up mocrowave food. 

    You will find they being so thoughtful OR more devious, will make people who are claiming to have problems walking use the rooms furthest away from the waiting room. That is so I heard people say that they claim you walked more than 20 meters even if the person had to rest or was in obvious pain or took ages. Use a wheelchair & someone to push it preferably. as they do not ask you to stand and walk from experience of the people I took and pushed in their wheelchairs.
    Never go alone even if you can get to work using your car,

    If you have mental issues always have someone with you. I tried to help a man with an inoperable brain tumour who has blackouts massive memory problems IE forgets to eat or goes out dressed in unsuitable clothes forgets where he lives how to get home, his brain sometimes doesn't send signals to legs so can't stand or walk, and has to crawl. I witnessed that myself,
    He has had fits and blacked out near the cooker. I could go on but he really needs a carer but has non, his social worker was supposed to go with him to the PIP assessment yet backed out on the last minute I believe she was told not to help him as .Gov need to save money to help the incoming people ! if you catch my drift.

    He tries like many people with mental health issues to make out he is normal and doesn't have problems WHEN clearly he has and the PIP assessor took advantage of this and like another person I know who had the same issue was denied any PIP. Never allow a family member or friend to go alone to PIP as they will do everything they can to make it look like the person has no problems. to save money for the .gov.. 

  • ceege4
    ceege4 Community member Posts: 40 Courageous
    This is so awful and upsetting to read. All the people who have been forced to go through this through no fault of their own because the government want to save money!! Surely paying for the venues, the staff, travel claims, paperwork, postage, tribunals etc must be costing a fortune, so how can they be saving money? A good percentage of people get the decisions overturned so there are all those back payments as well! Somebody, somewhere must see this is all a complete farce and do something to get it changed. Thank you for your post @erm. I think people have suspected for a long time that there are things going on and we need to keep badgering the government until things go back to how they were.
  • Henry
    Henry Community member Posts: 64 Courageous
    jose2 said:
    Received this from Benefits and Works yesterday,
    DWP admits MR are rigged,the DWP have as good as admitted that MR are a sham.In response to a recent freedom of information query,the DWP revealed that they have a target of upholding the original decision in 80% of all MR requests. 63% are been over -turned.and goes on to say -So,no matter what the decision is on your initial claim,and no matter how utterly you are turned down at the MR stage,don't lose heart ,you have a very good chance indeed of winning your appeal.
    Voting soon ,I can't wait,disabled folks should not be put through this terrible ordeal,I've lost half a stone with all the worry.
    What do u  men  M.R. stage ? 
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    Hi @Henry, an MR is a mandatory reconsideration, the first step of the appeals process.

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