British Lung Foundation

HOW TO WIN A PIP APPEAL.

HOW TO WIN A PIP APPEAL.

More and more on these forums I am seeing people in despair about the outcome of their PIP assessments and the worries and fears that they have about attending a tribunal and contesting the decision.

As one who was refused the Mobility Component of PIP (despite having it for over 20 years under DLA), went to tribunal and won the case, I can tell you that there is nothing to fear about attending and presenting yourself to the totally independent and unbiased panel of people who heard my side of the claim.

I think that we all realise by now these PIP assessments are poorly conceived and are merely designed to try and deprive people of the benefits that they are entitled to.

In a recent assessment case for a 33 year old mum of two, Emma (not her real name), who has epilepsy so severe she has had seven parts of her brain removed and takes enough drugs daily “to sedate a horse”, was moved from DLA and given a PIP assessment. During the assessment she had a severe fit and, despite this, she was scored ZERO points, meaning the support that she so desperately needed was ended.

Emma made a mandatory reconsideration appeal to the DWP and was awarded the full points in every category.

During 2017 over 200,000 disabled people were forced through formal tribunal appeals or mandatory reconsiderations before they were awarded PIP. The system is now so broken that, on top of assessment costs, the DWP spent £45million on courts to hear appeals of poor PIP decisions and there were 1,000 cases of assessors being reported to professional bodies for “conduct issues”.

What a lot of you might find helpful are the guides from Advicenow and specifically "How to win a PIP appeal".This guide will help you decide if you should challenge the decision. It, and the accompanying tool, will help you ask the DWP to look at their decision again. This is called a 'mandatory reconsideration’. If they don’t change the decision straight away, this guide shows you how to appeal the decision and win. (You must ask for a reconsideration before you can appeal). This guide is for everybody who thinks the DWP made the wrong decision about their application for PIP.

So go for it, the odds are you will win your appeal, you have nothing to lose and everything to gain. I have posted a link to Advicenow’s website at the end of this posting for you to download the guide. Good luck.

Advicenow have guides on other subjects that Health Unlocked members might find useful, all available in downloadable pdf format. A few examples are:

"A survival guide to Benefits and Living Together" (This guide is for you if you receive benefits or tax credits. This information will also help if you are not living with your partner but a benefits office believes you are, if you moving in with your partner, or if your relationship has ended).

"How to deal with an Interview Under Caution" (This guide will explain what an interview under caution is, help you work out whether you want to go, and explain what will happen and help you prepare for it if you do. It explains how you might be able to get help, and what you can do to help yourself if you can’t get representation or a solicitor. It also explains what happens after an interview under caution).

"How to use a grievance procedure to deal with discrimination and other problems at work" (This guide will show you how you can deal with problems at work using your work's grievance procedure. A grievance procedure is a written policy, setting out the steps you and your employer should follow to resolve a problem).

advicenow.org.uk/guides/how...

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Brilliant info thanks sufferer. One of my sisters, despite being unable to walk or use her hands without extreme pain due to osteoarthritis, was put in the WRAG group and had to appeal. Another sister who went with her said she knew within 5 minutes she was going to win.

I have heard that around half of all appeals succeed so it is well worth appealing. x

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Hi hypercat54. Yes more and more are winning these appeals. We need to contest these decisions, we have 'right' on our side and , believe me, you CAN win.

Hope you're keeping well, LLAP from Eric. 👌🙋

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I agree but easier said than done sufferer especially in mental health cases where someone just can't cope with more stress etc. They rely on claimants not pursing it to save money and justify it. Also they use it as proof that they have weeded 'scammers' out. x

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Of course. They like nothing better than "putting you through the mill" in the hope that you will drop your claim. Anyone with long term health problems have some form of "mental health issues", however we cannot let them win and MUST contest these spurious decisions - in the end "RIGHT WILL WIN". ✊✊✊

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I am talking more about people with more serious mental health problems such as bi-polar, severe depression, ocd etc. x

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Obviously these people need to take someone with them to the appeal who can represent them and put their side - it would not be easy for them, but their lives are not easy anyway and their merely attending a tribunal works in their favour.

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Well they are not allowed to have a 3rd party speak for them unless they are a solicitor or something. My sister couldn't answer questions for the other sister etc. or ask any questions.

Who can afford expert legal help? x

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Thats what happened to me

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Old hand at this. Won all my appeals over the years. My belief is that they deliberately make it an endurance contest to see if you will drop out. My wife was told to apply for PIP by her consultant. Sent the forms this morning by recorded delivery as they always claim not to have received it. Along with the form went 10 pages of extra information, 6 pages of doctors opinions/letters and 3 pages of photographs. I made a video of all the extra documents placed into the envelope. I scanned the form etc so that I retain a 100% copy of all information sent. I am ready to fight my wife's corner.

I was refused ESA! I appealed and won. Then they placed me in the WRAG. I appealed again and was placed into support group. Similar story with DLA/PIP. I agree with Suffer don't stop fighting.

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Well done my friend. You and I prove that these people can be beaten. Good luck to your wife with her claim, I'll keep my fingers crossed that she gets her rightful entitlement. LLAP, Eric 👍✊👌

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I've kept a copy of this document "just in case". Hope I never need it but feel safer knowing I have it. Thank you.

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My sister-in-law went to appeal - she has very advanced bronchiectasis. The appeal officers told her they were embarrassed she had had to make the journey there, and as she was preparing to present her case, they said they were granting her appeal straightaway and that she should never have had to appeal in the first place. I think Badbessie is right above - the hope is that people will drop out and of course many do. But if you stick with it and appeal then the odds on your winning are very good.

And as advised above, always keep copies of your application forms and any other correspondence.

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Thank you very much Eric, a really good piece of information, support and encouragement fo those goining down this path. My son is just applying he has epilepsy, he has just been told after 18 months of trying so many drugs with terrible side effects that he is untreatable, which is heartbreaking and been told to apply for PIP, I will definitely pass all this information on to him.

I hope many more decide to take up the application after reading your article.

Thank you once again Peg xxx

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Before applying keep a diary for a couple of weeks. Write down all problems from when you get up to when you go to bed. Note who helps and what length of time.During that time gather all Doctors and medical professionals letters. Take photographs of all adaptations etc. There is no such thing as too much information. If after you have sent the form you get new information send it to them with the name and national insurance number on the top. Above all ask for all correspondence in writing. If there is a disability rights group in your area ask for help.

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Thanks for the extra information I will pass it on to my son I'm sure he will appreciate all the help and information he can get xxx

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My son has high functioning autism and has had DLA for a long time, but I am dreading the time he is assessed for PIP. He is intelligent, articulate, and cannot complete forms. He finds instructions and questions so difficult that he gets panicky and shouts, whereupon he has a complete meltdown and is accused of being aggressive. Public transport is a nightmare. I hope his lovely wife will be able to help him when he gets the call for assessment. The worst thing is he is incapable of self assessment because he thinks he does everything right, and so is unable to see he needs help until everything falls apart round him. He has just been diagnosed with depression too, and yet he is able to work as long as he is in control, so he teaches advanced first aid (no nuances!) makes and sells wonderful Steampunk craftwork and is trying to get known as a stand up comic! I know that they want to weed out fraudsters, but they seem to assume everyone is trying to defraud the system.

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Life can be very difficult for people like your son. Forms can be exceedingly difficult for them and, because their concept of what appears to be a simple question is not like ours, their answers can often appear non-sensical and even often, at times, down-right weird. The world can be a confusing and strange place at times for these poor souls and attending these assessments certainly can't be easy for them.

The Citizens Advice Bureau provide wonderful help in these cases and, sometimes, they will even attend assessments and represent a person. It might be worth his while, when the time comes, to cnotact his local CAB and see what help they can offer.

I agree with you about their assumption that most people are trying to defraud the system, but, to my mind, this is not the case. Tarring everyone with the same brush is not the answer and with over 200,000 claimants in 2017 winning either formal tribunal appeals or mandatory reconsiderations this proves that they are oh so, so wrong.

LLAP, Eric 👍✊👌

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When I did my son's DLA claim it took me a fortnight with the help of a guide for claiming for people with mental health problems. I typed everything out and then cut it up and stuck it on the form! We had a few hiccups on the way but got there in the end! He will be 42 in a couple of weeks.

I don't believe for a minute that most people are trying to defraud the system, in fact I wonder at the cleverness of the few people who do, pity they don't put their cleverness to something more useful!

All the best xx

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All praise to you for having helped your son get his DLA entitlements - it's no mean feat to complete these very stupid, ridiculous, and horrendously long forms that, half the time, make no sense or reason at all. I feel sure that with your help and guidance the PIP will be awarded to him at the end of the day. My best wishes (and crossed fingers) go with you both. LLAP, Eric 👍✊👌

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I'm hoping not to have to be the one who helps with PIP, I can't cope with the stress these days, but thank goodness his wonderful wife is more than capable! Your point about the CAB is very helpful though. These forms would be simpler if they didn't ask you the same question in so many different ways so that you end up screaming at them. On one occasion we even got as far as the DHSS as it was then, and I managed to wrestle the phone away from my son just before they rang off because he shouted at them! Guess what, they had lost the form giving me the right to represent him! Many thanks for your good wishes xx

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They do think most are defrading the system and this is part of their idealogical warfare against the sick and the poor. x

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A Guide to Personal Independence Payments and how to complete the form - Leicester City Council

PDFhttps://www.leicester.gov.uk › media › p...

I found this very useful to fill in the form. A local Disability rights group run this.

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Hi,Sufferer2,I am waiting for my PIP form,I have read up about it on various sites including this one, you say on here you were applying for the Mobility part of PIP,I also am applying for the mobility part,but what I have read so far is pointing more to carers,help around the house etc,how can I get enough points to qualify if I am only looking at mobility or how did you fill out your form to get the mobility,I`m bricking it as I would be lost without my car it`s the only thing I have left that helps me feel normal(I have severe COPD) so I`m trying to gather as much info as possible ready for when I fill the form out and then when I have to go for an interview,I would be very greatful for any help.Cheers Irene PS I am 65 yrs old,66 in April

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Good evening Irene,

I'm so,so, sorry to hear that you are in such a state over your pending PIP assessment.

Basically I was awarded the Daily Living Component of PIP but, for some unknown reason, not the Mobility Component which is why I went to Tribunal.

The assessment for PIP looks at an individual’s ability to carry out a series of key everyday activities. The assessment considers the impact of a claimant’s health condition or impairment on their functional ability rather than focusing on a particular diagnosis. Benefit will not be paid on the basis of having a particular health condition or impairment but on the impact of the health condition or impairment on the claimant’s everyday life.

The best advice I can give you when you complete the forms is to tell them in as much detail as possible how living with COPD affects you in not only your day to day living, but how your health can even vary by the hour on really bad days, which I found could happen in my case.

The activities explored during the PIP assessment are:

Daily Living (10 activities):

• preparing food • taking nutrition

• managing therapy or monitoring a health condition

• washing and bathing • managing toilet needs or incontinence

• dressing and undressing • communicating verbally • reading and understanding signs, symbols and words

• engaging with other people face to face

• making budgeting decisions

Mobility (2 activities):

• planning and following journeys

• moving around

Another organisation that you might find helpful is Focus on Disability and I am providing you with a link to their website.

Wishing you good luck and future health,

LLAP, Eric 👍🙋👌

focusondisability.org.uk/pe...

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Hi Sufferer2,Many thanks for your helpful reply,I will definatly take on board all that you say and am sure it will be helpful,another thing I found out today after reading through various sites regarding DLA/PIP is that if over the age of 65 it looks doubtful that I can claim,I phoned the help line for PIP application to question this and they said yes apparently if over 65 they look at the fact that because you are older it could make a big difference to how well you drive !!!!,I don`t drive far,but to me having a car is a life line to as near as possible a normal life,driving doesn`t affect my breathing,driving gets me to appointments,shopping,out for coffee,lunch etc without having to depend on anyone,it gives me freedom also if needed my Daughter can drive the car to take and pick me up from hospital if I took ill or had a appointment where for whatever reason I would not be able to drive myself,coming up 66 I may be,but my illness and my age do not affect my driving,I cannot afford to buy and run a car,but if they do take it off me they might aswell take both my legs aswell.Cheers Irene

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Are you already getting DLA? If not, then you are too old to apply for PIP , I'm afraid. Have you been asked to apply for PIP as part of the transition? I am still waiting to be asked to apply and although I know that I actually should be claiming for more assistance because my condition has deteriorated, I am scared to do so in case they take away what I already get and I could not survive without that extra money.

I am not aware of them taking how well or otherwise you drive into account when assessing you for PIP.

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Hi ,greatauntali,Yes I have been getting the mobility part of DLA for 5yrs now,I got a letter saying my DLA was going to stop and for me to phone a number if I wanted to apply for PIP,it`s a pain in the butt,isn`t it enough that we have to cope with our illness but to also have to prove we are genuine and our need is genuine as you say you wouldn`t survive without the extra money I don`t think I would survive if they take my car away,it gives me such independance,makes me feel more normal.Good luck with whatever you do,hope you get what you want and need.Cheers Irene

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Hi Irene, I have come to the conclusion that they put all this extra pressure on us in the hope that it will kill some of us off. I agree that having a car makes such a difference in making us feel " normal ". Just knowing that you can jump in the car and go somewhere is a great comfort. I stopped owning a car a few years ago and felt totally bereft. I felt that yet another chapter of my life had closed. Having to rely on others is against my nature and yours as well by the sound of it. The only words of consolation that I can give you is that you get to keep your car until any PIP decision is made and as far as I know, until the result of an appeal, if any. We should not have to live in dread of applying for something to which we are rightfully entitled just so the government of the day can reach a target. How can targets be set on how many people are ill/disabled? Good luck.

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Thank you greatauntali,I totally agree they put people through all this in hope that it kills some of us off or at very least we give up on trying to claim anything,I suppose it depends on each individual and how they deal with things,me,well I know for sure I`m not going to get much sleep until this is all over and I don`t know how I will cope with being told I can no longer have a car if that does end up being the case,thing is if they had got intouch with me when they first started PIP I would have been ok age wise cos that was back in 2013 oh well will just have to hope they get a move on and get it over with as quickly as possible,all the best to you.

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