I was wondering if anyone could help or has experience of applying for PIP.
I have had an assessment and got 6 points, none of which were for COPD, but a comparatively minor element (Supra.. Tendonitis). I have read the assessment report, which showed the assessor had no understanding of emphysema/copd whatsoever. She seemed to believe that because I had muscular strength, there was nothing wrong with me. I have written a mandatory letter of reconsideration, emphasising that it is my lungs that give me problems, not my muscles and explaining how important it is to keep strength in the muscles when you have copd.
I have severe emphysema - FEV1 - 34%. I have applied for PIP mainly because I can't cook (coughing spasms) and need encouraging to eat (gives me pains in my back). I have to be very careful, as I have a low BMI. I also do become stressed easily and tend to avoid socialising. However, according to the assessor I am a very calm, happy person?
Has anyone else had a similar experience? Can they possibly give me advice on what evidence is best to produce?
Very grateful for any information and incredibly sympathetic to anyone going through this process.
Written by
anng1814
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You have asked for a mandatory reconsideration, ( most of which fail, but do not be disheartened by this)
if this fails, you then have recourse to a tribunal, the majority of which are found in the claimants favour.
Please do not get overwrought by this, it appears devastating but have patience, you need representation and guidance, so you must seek these and as soon as you can.
Yes I'm agreeing with Ruach and personally I had to go to the Tribunal Stage to get my DLA- (called PIP nowadays) but was told by someone at the CAB,that if you get to this stage,the success rate is very highly in your favour! Obviously I wouldn't want to lead you into any "false pretences" but it seems if one was a betting person,the odds are far more in your favour at Tribunal Stage.
Do let us know how things went,won't you? Good luck,especially as its nearly Christmas and the season of goodwill !!!(dont think that makes any difference whatsoever) Best of luck!
Hi ang,I was very similar to you,same sort of report also,don’t expect much from reconsideration either go to tribunal stage ,and you get to explain how your illness effects you...it’s not a bad experience so don’t be put off good luck ps I got enhanced daily living component.
My father in law went to tribunal which he won because he is ill!!
I was at the appointment with him initially and what I learned from that day was to go on-line, read the sites which explain what you need to say in their language to ensure you get what you are entitled to by getting enough points.
I've picked up on the fact that you need to use the correct terminology, too late, but have used it in my mandatory reconsideration letter. I can quite understand your anger regarding this, as unless you are a legal specialist or very good at English, you are doomed from the start.
Just to say the same happened with my son, I wrote mandatory letter for him saying what points we didn't agree with also physical test wasn't anything to do with lung conditions we had a letter four weeks later they looked again and awarded him pip
So please don't give up, this was his first time applying. Good luck
I did end the MR letter saying if they couldn't reconsider we would want to appeal and attend a tribunal. Hopefully they will look at it again and you won't have to go that far, they do seem to do more successful MR lately so fingers crossed for you.
I did copy the letter and sent it special delivery.
There are so many different things to do with my father in law’s treatment and also my journey with my Mum and her COPD that have angered me, its just lucky I don’t turn green and smash stuff up.
As it happens, Mum has just been awarded the higher rate of Attendance Allowance. Sort of consolation prize of £30 extra a week for getting more ill.
I understand what you mean. The treatment and attitude towards people with COPD can be very rough. Nobody wants to take the time to explain the illness, let alone trying to prescribe the correct treatment. Myself and husband had to fight incredibly hard last Christmas for my mother, who also has COPD, but had a major lung infection. We ended up in A & E three times, until on the last occasion my husband started quoting how much an ambulance would cost, if we took my mother back to our home again, as we had ran out of methods to help her breathe. Considering my mother is 88 and has hardly ever used the NHS, it was an insult.
Good they have received letter, just stay positive and hopefully someone else will look at it and award you what you deserve. Please let us know how it goes hopefully you will get a response soon our decision took three weeks from receipt but another week to get to us but four weeks in total.
Just to let you know, I failed my mandatory reconsideration. I don't believe that the DWP even read the letter I sent. They based their response totally on the assessment, which I now have a copy off. Stupid of me not to get this first, prior to writing to them.
It is a very superficial assessment with some very broad statements, such as no deterioration in the last four years. My FEV1/VC has dropped from 50% to 34% and it is the reason I was given a CT scan. There are also a multitude of further errors (including spellings) on the part of the assessor.
I have the appeal forms, but am wondering if the adjudicators will just go on my letter of mandatory reconsideration, which wasn't bad, but could have been better if I'd got the assessment report first.
Anyway, I thought I'd let you know as you were so kind to write to me, initially.
How disappointing for you. Do please fight on and appeal their decision. Do read through this guide first though. It is an extremely helpful tool specially designed for the appeal stage.
"If they don’t change the decision straight away, this guide shows you how to appeal the decision and win."
I'm so sorry to hear this, I know I was very surprised we were successful I did have how they scored his points,also what assessor said so I responded to al of that.nplease don't give up it will be looked at again before tribunal.
I claimed pip for copd and EOE a rare condition I got no points and was told I have a demanding job. I am a night support worker I have a lot of help from my colleagues I can't work days as too physically demanding. I get out of breath easily and I have recurring chest infections. My doctor said I should have appealed but it is a few months ago now. The person doing the assessment said I looked well. I had just got back from a relaxing and much neede holiday.
Hi Peppa, I would try again. I appealed and won on paper. It took over a year, but it was worth it. Clearly the person who assessed you, did not understand your conditions properly. When you fill in the forms you have to let them know how you are, when you are feeling at your worse and if this is more than 50% of the time it should be taken into account - this was a mistake that I made. I'm also not good at talking about myself. I also kept comparing myself to my mother, who was 87, at the time and felt I could do a bit more than mum.
Have a another go, especially as your Dr. suggested it.
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