PIP MANDATORY RECONSIDERATION REFUSED! - British Heart Fou...

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PIP MANDATORY RECONSIDERATION REFUSED!

kefalonia1 profile image
22 Replies

Just had letter refusing to change their decision. They completely ignored my second letter and kept harping back to the report from the man who came to see me at home. l explained that he had not written down the answers l told him correctly. l am now going to give up as l don`t want to sit in a tribunal it would cause me stress on my heart. l and my Husband have never had any benefits in our lives its so unfair but we will manage. Take care.

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kefalonia1 profile image
kefalonia1
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22 Replies

I'm really sorry to hear that - have you read a little more about the appeals process? It seems as though you can ask for someone to be there in a professional capacity to support you and the success rate seems high. Worth sleeping on? citizensadvice.org.uk/benef...

kefalonia1 profile image
kefalonia1 in reply to

Thanks for your reply Chris, unfortunately l cannot afford a solicitor and l would get very anxious, l feel they don`t believe how l am in myself because l was relaxed in my own home. How someone who hardly looks up from their laptop and rushed me through all the questions can assess my mental state in 40 minutes l will never know. He made it quite clear he didn`t want me to waffle on as he had many others to see and l don`t want to get stressed at a tribunal. Take care and thanks again!

skid112 profile image
skid112Heart Star in reply tokefalonia1

Hi kefalonia. I don't know too much about PIP, but I would think the system is readily aimed at shutting down claims. If you don't appeal it's a victory for the 'man'. Have you sought advice from the citizens advice bureau? They may be able to help, their website us very informative on it plus they say you don't need a professional, maybe someone close to you can help. I would hate you to lose something you clearly have need of

kefalonia1 profile image
kefalonia1

Thanks Skid, l have a month to reply maybe l will feel stronger in a couple of weeks l might take our oldest Son with me he is amazing at putting points across but l don`t know if it is worth putting my health at risk for £55.00. a week. Take care.

skid112 profile image
skid112Heart Star in reply tokefalonia1

I fully understand whichever way you go

Heather1957 profile image
Heather1957

It is easy for us to say fight fight fight as the last thing you need is extra stress - maybe take some time out and recharge the batteries then have a rethink. It is so unfair that there are some who seem to get benefits so easily (I don't want to get political but we all know them) yet others who have a genuine complaint can't get any help. I lost any faith in the system when my nephew (who has had one of his legs amputated due to a birth defect) was refused a blue badge as they said he wasn't considered disabled. Makes me so cross.

Don't give up completely just recharge the battery.

dandydemon profile image
dandydemon

Hi, I work at an organisation that fills in benefits forms. Okay, was this a transfer from dla to pip, or a first time pip? If first time pip, please get son in law to go straight to advicenow.org.uk. They have a great pip appeal guide, you can search it for local help, it even generates your appeal letter! ur letter from dwp should give info on which areas you scored points. Please dont give up, if you dont appeal, just apply again but get help with the form, from CAB etc , they can also advise about the medical assessment. If someone helps or cares for you, find your local carers centre and get them to register, they can advise on local services and support your family.

kefalonia1 profile image
kefalonia1 in reply todandydemon

Hi Dandy, my last letter was composed by advicenow. lt obviously didn`t work. This is my first time pip and my carer is my Husband, in between he`s working as a lorry driver and has cut his hours to help me. The problem is they don1t believe l need any help, l don`t need the enhanced rate, just the standard one. With lifelong warfarin use l feel so cold most of the time and the heating bills will soar in the winter. l am so unlucky that l didn`t expect anything else. Thanks for your reply, take care.

dandydemon profile image
dandydemon in reply tokefalonia1

Sorry @kefalonia1, see what you mean, it does seem unfair. My mum is on warfarin and her bills are huge. Would still urge your husband to register with your local carers centre and see if they can offer any further advice, or CAB. Hope things look up for you soon,

Wodney1966 profile image
Wodney1966

Hi I've got heart failure and still working full time and I get pip low rate 22 pound a week as I'm classed as disabled cheers gd luck

kefalonia1 profile image
kefalonia1

Thanks Wodney. Take care.

Twobells profile image
Twobells in reply tokefalonia1

Hi there, not sure where you are with this, but a high percentage of appeals are over turned. Please try get help from a mental health charity. Do not give up this is a benefit to help those in your situation. There are benefit advisors at the cab who are fully trained and help you with your appeal.

James1967f profile image
James1967f

Hi if this is your first appeal, you need to call them, write letter telling them you disagree . Fill forms to appeal against in independent court. Ensure all your evidence is together ( letters from cardiologist , gp, ) and anyone else you think is relevant. Need to enfasise how difficult and how much longer it takes to do things. Example simple tasks putting on socks, cooking, having shower or bath. Shopping . Worries,

Have a look see what points you were awarded first time and second. Anything stand out. I mean contradictions in there assessments.

Was told before they expect people to just give up the fight and not many go to court. I had Independent panel of three I had one judge, independent doctor and one other ( can't remember her background.)

Please don't give up the fight !

kefalonia1 profile image
kefalonia1 in reply toJames1967f

Hi James thanks for your reply, they ignored my reconsideration letter explaining l felt their assessment was wrong. l am improving but it is slower than l expected. l have fought for life and recovery over the last 9 months and there is no fight left inside me for a tribunal so l hate to say l am giving up! please don`t judge me. Take care.

PIP and DLA are two very different animals in their roll out. The process for PIP is designed to advance only those with clear life limiting or debilitating conditions, chronic conditions and restrain the marginal applications.

The previous system was too easy to abuse, however the transition process to PIP is throwing up a number of issues for those with conditions that can be managed by medication or surgical interventions.

PIP is in development and more work needs to be done on challenging the assessment for cardio vascular issues.

Advocacy for cardiac issues is difficult because interventions and medications for most patients have a satisfactory outcome and lead to improvement. The assessment documents and interviews are loaded - if you exaggerate symptoms it sets all other claimants back.

So this whole process becomes too stressful. Appeals fail but too few carry on to the tribunal.

20 years ago work on the claims for those with mental health issues faced a similar problem so organisations like Scope, Mind and Claimant bodies established an advocacy support team from the charitable trusts which educated the assessors and the DWP. It would appear that many applying for PIP require that level of support now.

I expect my claim to be rejected, I will appeal and I expect that to be rejected so I am preparing for the tribunal now.

As more individuals are successful it will be possible to establish specific precedents that will support a future application.

in reply to

Unfortunately until that begins to happen, there will be a trail of human misery and broken minds to remind us of the struggle of others and the sacrifices they have made.

kefalonia1 profile image
kefalonia1

Hi Mark, this is the only benefit not means tested. l am not eligible for any other as l rent out my late parents house which has a mortgage but will subsidise our pensions when we retire in 4 years time. Although l cannot work again my Husband still works so that`s my lot. If you read my reply to James you will see l have now thrown in the towel for my own sanity and health. Thanks for your reply, you sound very strong and clever! Take care.

kefalonia1 profile image
kefalonia1

Thanks Bee for your thoughtful reply. Take care.

I do believe the problem could lay with the higher rate you are seeking for that could (I believe) open the door to claim for mobility allowance. That said, the first time claimer usually fails and putting in for a second opinion does not necessarily mean a tribunal. I have been there and did appeal and did get what I think I needed and I did not have to go to court. My advice to anyone making such a claim is to answer the questions and err on the side of caution when it comes to abilities - we as a Nation, are truthful and do not exaggerate whilst others do their utmost to paint a distressing picture. So I would advise you to do the same. The biggest advice I can give to you is to keep a copy of everything you send to them, especially the claim form - they will and will refer to it and if claim forms do not (generally) match, there is another opportunity for them to question you. I would agree that PIP claims are harsh where so many have failed to achieve what they had before the change over but you must not despair for that is exactly what they hope for - unfortunately its way for the government to save money, forcing people back to work - people that should never even have to contemplate such things. Good luck and get that letter off to the tribunal.

If you have house contents insurance, even car insurance, you may have a policy that offers legal assistance usually up to the value of £5,000 or more, so check your policies, you may be lucky.

cakesandbakes profile image
cakesandbakes

Benefits and work is in my opinion the best website with compleat and comprehensive guides to claiming pip.Everything is avaliable to print of including a sample off how answers affect points and how many you need to qualify. Hope this helps.

cakesandbakes profile image
cakesandbakes in reply tocakesandbakes

Sorry post ment for Liam as this one is 4 years old .I must pay more attention! !!!

kefalonia1 profile image
kefalonia1 in reply tocakesandbakes

No worries, l gave the man too much eye contact so l didn't get anything. lt pays to appear insane,!!!

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