PIP APPEAL

[reikigirl]

Ive got my pip tribunal tomorrow, how long are you normally in for and is it as daunting as it sounds xx

[rosewine]

We have been for two ESA appeals regarding my OH. The clerk asked us if we had any extra evidence to hand over, explained expenses and briefly what would happen. Both times we were in no longer than 15 minutes. Both times they asked me to say nothing until the end but the second time they sensed he was struggling and I as shaking my head about be of the answers he gave and the judge then invited me to say something. They asked the questions which he answered but at the end asked him whether there was anything further he wished to add.

Sometimes they reserve judgement as they did in his first tribunal as they wished to view the while of his medical records. At the second tribunal the same procedure but we had a judgement on the day within what seemed like a very short time.

Good luck let us know how you get on.x

[reikigirl in reply to rosewine]

Hi Rosewine, I went for appeal on Friday I was in there for half an hour, it was horrible, the judge was lovely but the lady doctor was horrible, I never got it ive been so down since and in so much pain with the fibro amd arthritis and still trying to work xxx

[rosewine in reply to reikigirl]

I'm so sorry to hear that, we had to wait nearly two years to get a verdict from the first refusal of ESA and we won. Oh said if he had known the length of time in our case and what we had to put ourselves through we wouldn't have done it but we had been living on our savings and it was a matter of principle.

Are you going to start the process of claiming again and perhaps get expert help this time?

[reikigirl in reply to rosewine]

Hi Rosewine, I don't feel able to go through process so soon its really floored me, maybe in a couple of weeks I will feel different xxx

[rosewine in reply to reikigirl]

Yes give yourself time to emotionally recover from the disappointment as it is awful when we are genuine and people don' believe us. Take care of yourself.x

[Hartleyhare2]

Not done transfer from DLA to PiP yet but just wanted to say hi and to stay relaxed and the best of luck for tomorrow. Hope you have someone going with you.

Patrick x

[Hidden]

What do you mean tribunal Is your first one after your letter?

[reikigirl in reply to Hidden]

Hi Erny, I had my assessment last year and failed then mandatory reconsideration then Friday went before a panel and failed again, im a lot worse now but they just want to know about when I claimed xxx

[Hidden in reply to reikigirl]

O dear you just got to tell the truth But make it as your worse day I failed on some points but gained on others I have been diagnosed With fibromygia, RLS Tinnitus's and Asthma I think you will get there but you need the points Good luck

[wispa1a]

anything further he wished to add. normally signal's the end off points added up.

[wispa1a]

Might I ask have you had a persistent disability and (obviously) it's expected to get worse or stay the same? Persistent is 6 months +

If so tell your rep (if you have one) to push for an Indefinite award with guidelines outlined in case number UK 5459 2014

"In deciding whether a fixed term would be inappropriate, a key consideration is the likely persistence of an individual’s limiting conditions. "

if a fixed term award would be inappropriate, an indefinite award is to be made;

google the case number for a full rundown

[TheAuthor]

Hi reikigirl

I have pasted you a link to the *CAB cache entitled: ''Challenging a PIP decision - the tribunal hearing,'' as this will tell you everything to expect when you get there my friend:

Challenging a PIP decision - the tribunal hearing:

citizensadvice.org.uk/benef...

I want to sincerely wish you all the best of luck, and please take care of yourself.

All my hopes and dreams for you

Ken

[loopy-liddy]

Hi reikigirl. I just wanted to wish you all the very best for tomorrow. I hope you get what you are entitled to and have been made to fight for. I too have my PIP tribunal end of next week. I'm not sleeping, maybe get to bed once a week at the moment. I am so overwhelmed with it all. Please let us know how it went and maybe you could tell us how you found the experience, and what we can expect? Love and hugs

[reikigirl in reply to loopy-liddy]

Hi Loppy Liddy well I never got PIP, I dont know how they came to that conclusion when they have letters off my doctor letters off consultants andIim in pain with fibro and osteoarthritis, the doctor wasnt very nice and she kept firing questions at me which she hardly gave me chance to answer, the judge was lovely I have to say, I wish you luck with yours luv, im sure you will have a nice panel of people who will award you what you deserve, .please let me know how you get on xxx

[loopy-liddy in reply to reikigirl]

I'm so sorry you had to go through all that stress and humiliation to be be denied PIP. It's what you are entitled to, they don't seem to realise we would not be putting ourselves through this process if we could avoid doing so. It's not an easy illness to prove you have as it's invisible on the outside. Are you going to consider the higher tribunal? I have had DLA FOR 10 years with an indefinite award. When they changed to PIP I was suddenly cured by a miracle according to them. Well I shall be putting my FIbro Warrior armour on next Thursday and put forward as good a case as I can for us with Fibromyalgia. I also have other conditions. If they try to rush me when waiting for answers I'm afraid they will find I can't be rushed. Of course I will keep you updated, and thank you so much for doing the same. Love and hugs to you, my friend. X x

[reikigirl in reply to loopy-liddy]

Because we look ok on the outside they dont know what we go through, I have osteoarthritis as well and doc thinks ive got asthma, the tiredness is awful I could fall asleep standing up xxx

[loopy-liddy in reply to reikigirl]

Hi reikigirl. You are absolutely spot on. The times I'm told how well I look, and my body is screaming out with pain. I have osteoarthritis too in my shoulders and hips. Also diabetes type 1 and Lupus, autonomic diabetic neuropathy and gastroparesis. The list goes on... apparently they think I've suddenly become well again. That's why I'm going to a tribunal. I believe it's something i am entitled too and will do my best to put my case forward. Unfortunately I am becoming worse at finding the right words for things and stumble s lot when having to hold s conversation. I hope they will be patient with me. X

[reikigirl in reply to loopy-liddy]

Oh Loopy Liddy I was thesasame looking ffor the right words and getting emotional, I would love to be well again I hate being like this xxx you take care luv xxx

[loopy-liddy in reply to loopy-liddy]

Hi reikigirl

How are you doing? Have you decided what you are going to do next? As you know I had my PIP tribunal today, I won! well I say I won, I didn't get what I was hoping but I did get Lower care on both components so to me that's a win. Considering the state of things within the DWP I feel it is something I should be greatful for as so many have been knocked back. I know it's not ideal as I was on full amounts of both before I was moved over to PIP from DLA. I don't know how they think I have become miraculously cured. My conditions are very unlikely to improve, but for now I feel like today was a good one. My panel were very nice, All in I think it took about 45 minutes. X x x

[reikigirl in reply to loopy-liddy]

Aah Loopy-Liddy thats great news you got something, made up you won, im still deciding whether to put myself through that again, I will probably wait a couple of weeks see how I feel I just feel so dejected xxx

[loopy-liddy in reply to reikigirl]

Hello reikigirl. I can imagine how you feel. I thought my chest was going to explode through the whole of the tribunal interview. I was certainly lucky in that each person seemed to appreciate I needed time to get out what I needed to say, and when I couldn't they let my husband speak. When you have gathered some more strength, I would definitely go to CAB and ask if they would represent you if and when you go to another appeal. I know they are very stretched, as are all our services but if they say they can't ask them to put you in touch with someone else who possibly can. Explain how your last appeal went and you didn't feel able to say all you needed to and felt rushed. I really hope you do decide to go ahead with another one, I feel they are just hoping to grind us all down and hope we won't bother. Don't be one of those who lets the system beat them. You can do this!! Thinking of you and sending extra spoons. Lots of love ❤🤗😋 x x

[Leonwp]

Very best wishes for your tribunal, my own was as has been described here, i had a doctor, a retired senior social worker and a judge. It was in no way intimidating or concerning.They asked me a few questions in turn and you will find that you are observed very closely in that they are looking at normal human reactions, not to say you are playing something up, there are often people who are very stoic and dont like to admit the full extent of their condition (yes it is true) even my CAB advisor told me that there are people who are too proud to admit the extent of their disabilities and this can especially be the case when toileting issues and mental issues are considered. Answer questions as fully as you can and as honestly. I went in with nothing and flat refusals at every level, when i left it was with enhanced on both and the tribunal chair faxed the DWP and by the time i left the building the first payment was in my account and the 18 months back pay shortly after, they can act that quickly. They gave absolutely no clue as to the result until they told me. I have to honestly say that although obviously i was very relieved at the result even if i had lost there was nothing about the tribunal which i could complain about or in any way gave me concern.

Blessings

[reikigirl in reply to Leonwp]

Hi Leon thats great to hear you got yours, I wasn't so lucky, the doctor I had wasnt nice at all to be honest even the benefits adviser who came with me warned me about her, I failed again even with letters off consultants, im really down and dint know what im going to do xxx

[Leonwp in reply to reikigirl]

Im am really sorry to read this, i can only suggest that as soon as you are able to you apply again. This would have to be regarded as a new application. But before you do that i would try and make your doctor and your consultant aware of the conclusion being drawn from their information, if their opinion is that you are disabled they should at least be aware that someone else is teading their input and drawing a different conclusion. I was a surveyor by proffession, if i wrote a report condeming a property and ststing that it needed work or was beyond repair i would have been very concerned if someone thought that i didnt make yhat clesr or interperated my report differently. I would collar both and say this decision was made on my answers and your evidence, from that information my claim was declined. Just a suggestion.

Blessings

[loopy-liddy in reply to Leonwp]

Hi Leonwp. I have my tribunal on Thursday and I'm a wreck. I'm not good at speaking to people in this way anymore, I feel so slow all the time. Could you possibly give me any ideas as to what kind of questions I may be asked? I was on the highest rate of both living and mobility allowance with DLA and nothing now changing to PIP. I want to put myself forward as clear and concise as possible and hope having an idea of what to expect might help me prepare. Thank you x

[Leonwp in reply to loopy-liddy]

I am shocked by what you have put, i sincerely wish for you that you had that much improvement, as i am sure you do, i dont know of anyone on high levels of disability that wouldnt wish they were cured and walk away from disability with a skip in their step. If only we could all have that miracle. Mine turned out to be very cut and dried the panel were a doctor a retired senior social worker and a "justice" but i have no idea if he was a JP with other skills or a judge. The thing is that i was only asked who i was and when i applied and then to my surprise who my wheelchair belonged to. I was a little puzzled but I told them it belonged to NHS, i was then asked how i got the chair, i replied i was referred to wheelchair services 18 months previous by my gp i went through assessment and prescription and had been issued it 8 months previously. They looked at each other and said do you have any of this documentation with you, i said yes there are 27 pages of evidence including my occupational therapy assessments, wheelchair services scripts, consultants reports etc i handed these over. The chair looked at the reports briefly and then said please excuse us for a moment and they began to speak quietly anong themselves for a few minutes. The chairman said this is all very conclusive but why did you not produce this evidence before , i replied i did. He said well the DWP have not had this evidence, i replied "they had all the originals, those are the copies returned to me by the DWP as you will see each one is stamped and dated. The chairman again excused them and they spoke among themselves, i looked at my CAB advisor and started to say something but she just lifted her finger for me to be quiet. The chairman said "we can only apologise that you have been called here today and that we found it necessary to ask you any questions, it appears it is the DWP who have the questions to answer, you are awarded enhanced rate on mobility and care for an itial period of 4 years and i will be faxing our decision and comments to the DWP, again our apologies, that concludes this tribunal. We left the building and i switched on my phone only to get a txt alert from my bank that around £900 had been transferred to my account.

So the DWP "accidentally" lost 27 pages of reports sent over 18 months, my gp, consultant, OT and social worker and CAB advisor had all stated disbelief that i had not had a positive result previously, this now explained why. Now the interesting thing is that they focused on my wheelchair, they KNEW it was an NHS wheelchair because they have plastic ID tags over the motor housing and the NHS in that area only use 2 types of chair, so they must have assumed i had borrowed it and presumably were about to dismiss me as a fraud. I was very surprised at their focus until the CAB advisor explained that to get an NHS electric wheelchair is masively difficult in that you would have to fool a gp, OT, at least 2 seperate physios on 2 days assessment and a prescribing technician plus get the funding and a home assessment and then wait, because they will only issue them if you are literally unable to walk and the chair is for INDOOR use, outdoor use does not qualify you. I did not know any of that apart from going through the process because i had no choice, but obviously they did, before i entered that room they absolutely KNEW i was using an NHS chair. If i had not of had the proofs with me i would have lost the tribunal. Now that tells me 2 things, firstly that the DWP are useless and that they probably disregarded the face to face assessment and that the evidence i sent in was copied but never read by the decision maker. It also tells me that the tribunal are very smart and have information way beyond that presented to them officially and by someone who knows their stuff.

I am really sorry that i cant give you a defined list of questions but that didnt happen. I really wish you well with your Tribunal, i know it took me well over 12 months to get back all the weight i had lost and how much i had degenerated being homeless and living in a hostel. 7 days after my Tribunal i was moved into my own flat in a care facility where i have been ever since and where i should have been 12 months before but without a disability award i didnt meet the criteria. My gp said afterwards that he did not think i would have survived much longer.

Please let us know how it goes for you. I would cross my fingers if i still could.

Blessings, Leon.

[wispa1a]

Good luck for today, please give us an update

[angiesmith50]

Hi reikigirl wishing you lots of luck.

Take care

Angie xx

[reikigirl in reply to angiesmith50]

Thanks Angie, never got it xxx

[angiesmith50 in reply to reikigirl]

Please go and join this site because this does not mean its over xx

[bluebell99]

Many good wishes, hope it all goes in your favour.

X

[reikigirl in reply to bluebell99]

Hi bluebell99, I didnt get it xxx

[angiesmith50]

Hi reikigirl so sorry they turned you down my darling. Can only begin to think of what your going through.

Please go and have a look at this other site I joined. They help you so much.

SO ESA/DLA/PIP BENEFIT HELP AND SUPPORT UK ONLY

You have nothing to loose but may gain a lot.

Good luck

Angie xx

[reikigirl in reply to angiesmith50]

Thanks Angie xxx

[milo4]

Hi

Just wanted to wish you good luck for tomorrow, hope all goes well for you.

Trace x

[Hidden]

You have to make it all as you worse day but be truthful Good luck

[suzey26j]

take as much evidence as you can,,your only in there for about 15 mn when i went ,they ask my daughter if she would like to add enythink she did and i think that helped not sure if they do that with everyone . good luck . suzey xu