Problems with PIP Claim and appeal

hello, i'm new here :) hoping somebody can help me here, looking for a little advice

I've suffered 2 different significant head injuries I suffered in childhood (fell out of a window and had a depressed fracture on my skull, followed by a car accident 5 years later, again getting a further depressed fracture in the same area, this happened in 1987 and 1992, I then had open heart surgery in 2001.

During the heart surgery a doctor noticed I had Scoliosis and I met a geneticist in 2002 who indicated I probably had Marfans syndrome, but not enough indicators to say for certain. I've plodded on since then not claiming any benefits however recently my heart condition has worsened giving me palpitations, fatigue, breathlessness, dizziness, all the fun ones. I've moved a lot the last 15 years and generally didn't bother with appointments, seeing specialists, chasing up niggling problems or stuff like that, daft I know.

I have recently started becoming really forgetful, confused, agitated, unable to concentrate for long and get pretty severe headaches

I detailed all of this in my PIP claim form in October, I was invited in for an assessment in December, which I attended with my father, and mid December was disallowed, I asked for a mandatory reconsideration which also failed, despite me asking that my specialists should have more information and imploring them to get in touch. In a last ditch effort to make sense of what was happening I sent a subject access request to Atos and received a pack with the PA4 form, the nurse lied, misrepresented my statements and omitted a staggering amount of information, failing to record that my father had answered some questions, failing to record information accurately on the report and making inferences she had no right to, I was further incensed when I realised that it was a nurse who carried out my assessment and that she likely wasn't qualified to make those assessments. I wrote a complaint off to Atos ceo's office to lodge a formal complaint, and also followed that up with a formal complaint to the DWP for ignoring my evidence and for not handling the case correctly since I doubt the Decision Maker is suitably qualified to make such assessments either.

I wrote all this information on my appeal, surrounded by reams of paper and spent the whole night trying to fill out the tribunal form which I sent off this morning. I've just looked and realised that I forgot to put the Mandatory reconsideration form in the envelope when I've sent it off. Does this mean I'll have to start this whole process all over again or would they more likely let me post it into the appeals office separately? Sorry for the huuuge wall of text :)

TL;DR forgot to reconsideration notice into appeals pack, would they accept it separately?

9 Replies

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  • Welcome. Why not phone and ask them, or ask them to hold on to your letter and you'll send the reconsideration notice immediately at which time they can attend to everything together.

    Good luck.

  • Think ill do that (not sure why my names changed) was just worried after all this messing around to have it messing up, kinda ironic im writing how bad my memory issues are day to day and then forget to send then one thing they needed :facepalm:

    My psychiatrist thinks i may have early onset dementia after my doc referred me to one after mentioning then low mood, confusion and forgetfulness

  • Hi Ricky, hope it all goes well and you get it sorted out.

  • I would urge you contact your local Welfare Rights department (details on your local council website) & / or your local Headway group ASAP for help fighting this. Attempting to take on the awful DWP system is hard enough & almost impossible to cope with after brain injury unless with third party expertise & support.

    Best wishes

    CCxx

  • Rightly or wrongly I think the DWP are probably disregarding the head injuries from 87 and 92, and your heart op in 2001, as they happened so long ago and they would assess that you didn't need the DLA/PIP all those years since. If you haven't got any medical evidence for the period after until they will assume you had no serious health problems otherwise you would have sought medical attention. What you do need to do is evidence with specialist or Doctors reports your current health status - the recent deterioration in the condition of your heart, your current mental state problems etc. Unfortunately just you saying you have these problems is not sufficient as you would need to have sought medical attention for them to be considered valid. Also the symptoms will of had to have persisted for a period of time preceeding your application for PIP (can't remember what the stipulation is). As there is now a query of early onset dementia you do need to attend appointments for this to be investigated. That is seriously awful and dreadful if you do, and I am truly sorry to hear this, but that on its on would entitle you to PIP. Has your GP referred you to Specialist to have the condition of your heart reviewed and to investigate the possibility of the Dementia. Also, I do not have the full info of Marfans but is there a possibility that although it was only a 'probable' years back, does it progress and become more definite?? So does Marfans need further referral to reassess? Sadly because some people try to get benefits that they are not genuinely entitled too, it means that the DLA require evidence and proof from medical specialists and doctors and without those of us who are honest and genuine are not to be believed. If you don't have the medical evidence at the moment to get through the PIP application and appeal you will do over the next 6 months to apply again and surely succeed. As you have said yourself you now realise why you should have been going to your GP and keeping specialist review appointments. Having realised that hopefully that will ensure you do go in the future!

    Best wishes

  • Looks like it's two of us on the same road . I was a serving fireman in 1985 when I got my bi , deafness in my right ear and loss of balance , and an operation to repair the damage resulting in epilepsy . The last 10 years has been a time of heart disease , medication , and the odd operation and stays in hospital . Then in 2014 I got my next bi, a subdural haemorrhage . I then received DLA . That was stopped when PIP started . I have been applying for PIP since . I've been filling in the latest attempt today.The 4th one. it seems to me the questions that are asked are for the people who have assistance already . I could say that I can't do something but I have to do it somehow . I live by myself . Good luck to all .

  • Ive set alarms to call hmcts tomorrow, my efforts to get medical evidence has been stymied somewhat since im in the process of changing doctors due to a house move, ive asked to be referred again to a geneticist regarding the marfans syndrome and im seeing my cardiologist again in a few months

    I did receive DLA as a child but didnt attempt to apply for it as an adult, ill keep fighting it though, and will DSAR the relevant hospitals for information on me which would support my claim if necessary

  • Managed to sort it they had me email the mandatory reconsideration notice this morning not too optimistic on my chances but ive done all i can so far :)

  • I would urge you contact your local Welfare Rights department of your local council, they can help fight on your behalf.

    Best wishes

    CCxx

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