I have cihrossis. Osteoporosis. Osteopenia. Osteo-arthritis. Fibromyalgia. Fractures Mt back L4-L5 in July 2022 and my right femur at the top in July 2022. I have a titanium rod inserted into my right leg from my knee upwards and screwed into my right hip.
I'm in pain and have problems with my right leg. Still using a crutch. Downgraded my mobility back to standard as they say I can walk more than 20 metres. I use a crutch when I go out and have been referred back to physio again as I'm getting chronic back pain when I walk which is with a crutch when I go out. When out I have to FREQUENTLY sit on a bench due to severe pain. I know where every bench is in town.
Is this right? I now have apparently go to take them to a tribunal.
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golly123
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Thanks so much for your reply. I asked them to re-consider it on the phone. I provided evidence of re-starting physiotherapy. I sent the physiotherapy letter to them twice which they received it too. They re-considered and have left me on standard for both. They say I can walk 50 metres and I said I go out three times a week. I did say on a good week I go into town three times. I did go out once into town three times to visit a dentist twice and go to my bank. I'm not metric but when I go out I use a crutch.
They have re-considered. I'm waiting for the letter back now. I fractured my spine and have a rod holding my right leg together screwed into my hip. I'm guessing unless one is in a wheelchair which I'm not and pray I never will be - that this battle is over. I am furious. Thanks for your reply. Have a great day. Best wishes Golly
Hi Golly, I’d suggest talking to your local citizens Advice. They’re brilliant at helping people challenge these decisions. Contact them as soon as possible because there tend to be time limits for this kind of process. Citizens Advice has a high success rate.
I am pretty sure that the upper tier tribunal ruled on this and it is actually illegal for DWP to downgrade someone from enhanced to standard without them having the evidence in place to prove why they had made that decision, obviously in your case I would doubt that they have this evidence.
Not all Mandatory Reconsiderations are successful and I think stats showed that they turned down 85%, so definitely appeal to the tribunal if needs be, at tribunal nearly 80% of decision’s are overturned in favour of the claimant.
Good luck x
Found it,
Read the bit at the bottom,
They have to consider all the evidence including the previous award and why it was made.
Hi again..I'm really angry about this. I've been re-referred for physiotherapy as the pain starts soon when I walk (I use a crutch). They got that read and it made no difference. I also started alendronic acid one week after the video assessment which is causing me more issues with feet and ankle swelling. I have osteoarthritis everywhere so it's making it worse.
Do I have to attend the tribunal? Is it like a Court Room where I'm cross examined. And will I be "watched" and spied on while no doubt waiting months and months .
I might post the last paragraph.
Maybe they should change their criteria into we only give out mobility benefit if you are a wheelchair user. Really fed up with this.
Thanks. You are so lovely to have taken the time to reply..my very best wishes. Happy New Year x
My hubby went to tribunal for his first PIP application after scoring zero at face to face assessment. The tribunal is a judge, a doctor and a disability rights worker and they sit behind a big desk with you on the other side. They give you a much fairer hearing than the DWP employed assessor and will give you chance to explain yourself fully and why you think the decision is incorrect. (We got help from council welfare rights officer with hubbies appeal).
The things they seem to have forgotten in your case are the points which say you must be able to do these activities :- safely, to an acceptable standard, repeatedly and in a reasonable time period.
Hubby was awarded enhanced daily living at tribunal and some points for mobility though not enough for an award. At subsequent reapplication/renewal and reassessment this went up to include basic rate mobility.
It sounds like you have a valid reason for your award to be challenged so definitely appeal.
Hi Katie. That is extremely helpful. Thanks you so so much. I got divorced last year before i had the fall in July 2021. If i had someone around, they would be having to help me a lot. I have no-one so i just do the best i can. My son comes over and helps out too. My neighbours put my bins out for me - that was taken as communication. The whole thing makes me feel as though these people are superior humans. A bit like Julius Caesar in a way with a thumbs up or a thumbs down. Kind regards Joanna (a.k.a. Golly)
My husband attended tribunal twice in 3 years, we both found the panel very nice people, we had a judge, disabled person and a Dr.
At the last one the DWP sent a presenting officer, I thought they might.
We got a solicitor from fightback4justice to represent last time, and they actually awarded for a longer period of time too.
After a few questions, evidence and oral evidence we got sent out whilst they considered the decision, called back in, decision overturned and they asked the PO if they had anything they wanted to say, he said we got the decision wrong, no apology nothing.
The tribunal panel are much nicer and than the accessors, and are very understanding. The whole system is broken, hence why they are overturning such a high number of decisions.
Keep going, keep fighting for what you are entitled to.
Hi, you've had lots of good advice already here but no, you don't have to attend your tribunal. Some people say it's better to go but it's ultimately your choice...you can send as much evidence/paperwork/personal letters/letters from family and friends saying how you struggle etc as you want. They will take it into consideration. Just a heads up you only get 4 weeks to submit your appeal application though, although in most places you can do this online. If you're on Facebook there's a really good support group called A1 benefit support for PIP/ESA/UC that has lots of guidance on submitting an appeal. I am currently awaiting an appeal date myself after being turned down with similar issues and being on the transplant list, so you're not alone.
Providing you are in distress or pain before the 20m you should still qualify. Its not an on/off thing. My pain starts as soon as I start walking and builds up the further I go. A good consultants letter goes a long way too.
Don't hesitate to take them to the tribunal. This is a wicked decision. I actually worked for the DWP helping claimants fill out forms and I know that most appeals are successful . Get all your evidence up together including medical letters etc and if you are not able to get to the office then let them know or use a wheelchair. The problem is that so many claimants give the best case scenarios rather than the worst.
Thank you. That is so so lovely of you to take your time and reply. I will be doing something about this. I think I did give him the best case scenario. Things have changed since I had the video assessment too. I'm now on alendronic acid for osteoporosis which is making things worse as in I'm getting side effect such as bone and yet more joint pain. How I prove this I don't know. Thanks for replying. Happy New Year. Best wishes Golly x
I wish you the best of luck, golly123 - it must seem sometimes that these decisions really are a matter of 'luck'.
People try to be honest (and stoic!), and in so doing, sometimes get the 'ticks' in the wrong 'boxes'! Points-systems and tick-boxes in a medical setting are only useful as an initial assessment - they don't take into consideration the fact that repeating an action / movement x-number of times might not be sustainable for more than a couple of hours. Nor the effect of the effort involved on the mental and physical 'well-being' of the individual. It seems the tribunal assessment takes a more holistic approach.
... and then there are the good days and the bad days; my partner on a good day can achieve quite a lot... on a bad day, he can hardly function at all!
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