Fibromyalgia Action UK
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WON PIP APPEAL

Last year I posted about how when I was moved from DLA to PIP, I lost my Care/Daily Living and got Mobility at the Enhanced Rate. After I received a copy of the Assessor's report I was so angry at all the errors, omissions and assumptions, I decided to appeal. I could not face attending Tribunal in person, so I opted for an appeal based on the papers. I got all my old DLA medical evidence out, that they had ignored for PIP, and wrote a detailed submission challenging every mistake in the assessor's report. Today I got a letter from the Tribunal. I won. I have gone from no Daily Living to the Enhanced Rate and I kept the Mobility Enhanced Rate. The decision says the DWP and the assessor failed to take full account of how fibromyalgia affects me and its interactions with reduced dexterity and cervical lesions, due to a road accident.

it's such a relief that it's finally over. So my advice to anyone awarded less than they should be getting is to fight on. Fibromyalgia is recognised by the Tribunals as being a debilitating illness.

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This is such good news! Thanks for sharing it. It's given me a bit of hope with my own appeal.

We'll done!

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Thanks great news well done 👍

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That's great news well done xx

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Congratulations, that's great news :)

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Congratulations hun, I’m so pleased for you. You’ve finally managed to get rid of that heavy weight from your shoulders.

Please take care of yourself. Love and hugs xx🤗

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Congratulations, makes me have hope xxx

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That’s brilliant, x it’s a horrible process that can make things so much worse for people who live a stressful hard life as it is.

I lost everything after fighting mine it’s been one hell of a horrid road - I am disappointed in the system because I have always worked and I’m so unwell at the moment they have taken it all of me and left me with a reduction of everything else and being a single parent with so many things wrong it really has knocked me, but I have a legal team involved now so who knows. I actually think they all make it up as they go along. I have MS as well as fibro, and ME (🙀) osteoarthritis knees back and hips and waiting back surgery as my backs twisted, scoliosis of the spine but so painful as I broke two vertebrae after a fall, my facets are ruins, I have endometriosis really bad and I now on waiting list for new hip, I was diagnosed with bipolar at 18, adhd at 28 and have bad feet after being born with them round ththe wrong way, I’ve got a catheter after 6 bladder surgeries and all the scar tissue is a mess from surgery which causes pain, I have ulcerative colitis and lipid disease. I’ve had a mini stroke back in 2011 and I’ve had blood clot on my lung after hysterectomy, all of this has left me with extreme anxiety, I fall often as ridiculous balance issues, I’m covered in bruises and AND because I take ALOT of aloe to help me feel better they say ‘I manage’..... I was born deaf and now I’m losing my sight but apparently I’m ok.... which on a positive note is a blessing because if they think I’m ok with all I have to deal with then I say I’m a real trooper lol 💪!!

On a serious note I think it’s fab you got it and I will keep fighting no matter how awful they make me feel and believe me I have given up many times but just cause I take aloe and avoid pharmaceuticals as much as possible I feel I need to stand up for my rights of what I put in my body!

Well done you x

Now rest and take care of you xxxxx💪🌸

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My God. I'm so sorry you have to deal with all of that, and I'm furious that they could take your benefits away. Completely ridiculous!

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Yes definitely it’s so sad and annoying I would like to see them be in my crocs for a day lol x

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Brilliant news! I'd like to make everyone aware that since January, it is illegal for DWP to ignore medical evidence carried over from DLA claims. If they then go on to reduce your award, as they did in your case, they must provide a reason why. Typically, they didn't bother to do this before and therefore people were being left in the dark as to why they had been refused, and had nothing to challenge. So, if they now reduce you from HR on DLA to nothing, they must state clearly why they no longer think you qualify, and in every case you have a right to appeal on legal grounds.

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Hmmm. Does that also apply to previous PIP awards?

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That's good news. My decision was made by DWP in September 2017 so it pre-dated these changes. It then took 6 months to get the appeal completed. Let's hope things improve and fewer of us have to go through the terrible stress of appeals to get the right decisions.

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FanBloodyTastic xxx

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Yay!!!

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Congratulations and very happy you have made common sense triumph.

It would be good to know what you said about the way Fibromyalgia affects you. I too had a traffic accident many years ago giving me problems in my neck If possible please?

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I used the Benefits and Work Guides to fill in the forms and to make my representations on the appeal - they are very good. benefitsandwork.co.uk I got a copy via the Fibromyalgia Association. Basically you need to address the points scores on the PIP Descriptors explaining how you meet them and the issues you have with the tasks. It's about the tasks and how the illness affects you completing them, not the diagnosis. They don't really care what's wrong with you and just look at the impact on the tasks you score points for. So pain, exhaustion, restrictions on movement, help needed from another person - these are the sort of things you have to describe and back up with evidence. Also could you do the task repeatedly, safely and in a reasonable time period (defined as no more than twice as long as the average non-disabled person). Taken together these meet the "reliably" standard. It took me a week to complete the forms and two days to write my appeal statements, but I am very slow and get exhausted quickly. Also fibro-fog makes it hard to think. I used to be a senior manager so it is very frustrating not being able to function like I used to. When the nurse assessor who visited me asked me questions, I had to think what to say and while I was still thinking, she kept moving on to another question. I have made a formal complaint to Capita about her 30 minute visit and the inadequate report full of medical knowledge errors like I take a statin for Fibromyalgia !! More of us need to complain to ATOS and Capita if things are ever to improve. Complaining to DWP is not enough. They told me to take it up with Capita so I have.

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Thanks and very much appreciate you taking the time to write. All the best in the future

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Brilliant News :)

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Congratulations!! Soo happy for you.

Firefly💥✨💫🌪☄️⚡️

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WOW, ....... that's great, and very encouraging !

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