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P.I.P Tribunal

pekingeselover profile image
14 Replies

Have any of you had to go to tribunal after having pip, or dla reduced or stopped, and if so, how did you get on? I have been waiting 12 mths for my tribunal, and i finally have a date, this coming friday, Jan 22nd at 2pm. I suffer from severe copd (significant bullous disease)+asthma component, also mental health problems. A couple of years back i lost the daily care component, and a year ago my pip was reduced from enhanced rate to standard rate for getting out and about/mobility. I only recieved the enhanced rate for just over a year before the next assessment and had it reduced. I sent the tribunal a cd that contains images from xrays and ct scans that show my diagnosis. Any advice would also be appreciated.

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pekingeselover
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14 Replies
Badbessie profile image
Badbessie

No experience with tribunal. However the odds are in your favour as 73% win. Basically it is not about your diagnosis but how the condition limits your daily life. My friend obviously had a telephone tribunal and wrote down before hand what areas he should have gained points. For example all tasks should be able to be done in a reasonable time, relatively and safely. They stated he could walk 100 yards which he could do but not without stopping and getting short of breath. He also would not be able to repeat it the same day. It is the same with showering, getting up and down stairs etc etc. Look at what the assessor wrote because very often it will contradict it's self. Make notes before the tribunal on what you want to say. Remember the tribunal is about your problems not how bad the assessment was. Concentrate on problems. State you found all tasks difficult due to shortness of breath. If you can say I only have .....% lung function. If your 02 saturations drop when walking or climbing stairs include that. In my appeal to the decision maker I stated that the assessment was unrealistic as stairs steps etc were not included and the assessors report was based entirely on a 5 yard walk from the waiting room. From what my friend told me the doctor on his panel asked most of the questions and was very sympathetic.

pekingeselover profile image
pekingeselover in reply toBadbessie

I have problems everyday with my breathing, simply walking from one room to another can start things off, ive even had to resort to paying a handyman in the summer to mow my lawns, takes me hrs, have to keep stopping every few minutes to rest up and take my inhaler. Leaning over my tv to draw the curtains even starts things off. The assessor said i had no trouble on the day of my assessment with my breathing, that was a total lie, before the questions started she asked if i would be ok to continue because she could see i was bad, and at the end of being questioned she said she wouldnt do a physical exam as she could see i was still struggling. The very next day my breathing got worse, my birthday of all days, and i was took in to hospital by ambulance, i was in there for 4 days. Why assessors have to lie i just dont know

COPD123491 profile image
COPD123491 in reply topekingeselover

Hi

The reason they lie is quite simple. They are set a quota for failure.

corriena profile image
corriena

You do not get the award for your illness. You get it for how your illness affects you and limits your life. So you need to get across how much your illness has stoped you from doing normal everyday stuff walking cooking washing ect. Good luck

pekingeselover profile image
pekingeselover in reply tocorriena

They were told how my mental health and physical health affects me, doesnt help when the assessor lies though. Just want to get friday over now

madonbrew profile image
madonbrew in reply topekingeselover

I fairly recently had a pip assessment. I got lower rate for my asthma but like your experience, the assessor lied straight out in regards to the daily living bit. I’ve recently sent my appeal letter back.

Do you have consultants letters, dr reports, test results to back up what you’re saying? There was a site I looked up on the internet that seemed quite helpful about appealing a pip decision. I can’t remember the exact one, but I just googled ‘appealing a pip decision’ and it gave examples of things like:

The assessor said I can administer my own insulin, which is true, however I forget 4/5 times a week without my carer to remind me therefore have hyper/hypo as I also need help to figure out the amount of insulin I need to take.’

CAB are also really helpful to talk to for advice!

corriena profile image
corriena in reply topekingeselover

Yes my assessor lied your appeal should sort that out

Alberta56 profile image
Alberta56

Hello, I was halfway through a rather long post when it disappeared. To summarise: my daughter had more or less the same experience. Nothing happened for 9months after she was turned down for PIP until I phoned them to ask why. Told she hadn't appealed- she had- they'd lost it. They then got their act together and sent her a date for a telephone tribunal, a whole year after they rejected her claim. Surprise, surprise, she had a telephone call saying no need for tribunal, she would get her PIP anyway, starting with a rather large back payment.We found it helped no end when a lady from Mencap helped Sue fill in the forms to make sure she gave the right answers. Good luck with your tribunal. I think you qualify and then some.🤞🤞🤞

mylungshateme profile image
mylungshateme

Hi as others have said it's really not about diagnosis it literally is about how it impacts your day to day life. I literally googled PIP forms and CAB for guidance and how to get your point across.

Daily diaries are really good as it shows how simple tasks impacts you.

I would research PIP tribunal so your as prepared as you can be which will help with anxiety.

Also make sure you make them aware of the impact on your mental health- how that's been impacting on you.

If anyone lives with you get them to write a statement. Or a carer or relative can do it just someone who sees the actual impact it has on you trying to maintain your independence with daily living activities.

Good luck have a pen an note book next to you. And your evidence and of course a cuppa, an inhaler!! 🙂

Aingeful profile image
Aingeful

I would strongly advise you to take a Welfare Rights officer with you. The Citizens Advice bureau would put you on the right path. Remember to give them your worst possible scenario!

katieoxo60 profile image
katieoxo60

Hi there , thats a difficult one. The xrays only confirm the diagnosis. Its the effects of your breathing and mental health that count. i.e how much does your breathing prevent you from walking, do you get asthma attacks without warning . Does the walking make your illness worse.Does breathing prevent you bending, standing , doing daily chores like making your own food, or simply exhaust you making you too tired to do things. Just a couple of things to make you stop and think of how to put things over. I can't open containers so it takes me longer. Think of all the things you cannot do normally like others not what you are able to do. Good Luck

COPD123491 profile image
COPD123491

Hi

Badbessie has given some serious advice and is pretty well on the mark as is the advice by Corriena. When it comes to walking - if you say that you can walk more than 20 metres you WILL BE disallowed.

Good luck

Ratatouille profile image
Ratatouille

Try looking at a site called ‘benefits and work’ they have some very useful information some of which is free but you can pay £19 (£15 with voucher) for a yearly subscription which gives you members booklets with help filling forms etc. They also produce an email about current legislation. I wish I had known about it when I first became ill.

Ratatouille profile image
Ratatouille in reply toRatatouille

Good luck

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