PIP TRIBUNAL UPDATE

[Teazymaid]

I had my PIP tribunal today which I have to say was very upsetting but I was adamant I was going to it … please to let you all know that I did get the decision they made over the phone last year changed and I have been rewarded PIP once again .. please anyone of you who find yourself where I was refused challenge it .. the whole aspect of it and being in the county court was awful but the DR , Judge and a Social Worker were amazing and very caring .. I also mentioned about this group who has been my constant support in my life after a TBI .. Sue x

[Jonty77]

well done for fighting and sharing with the rest of us. If I get refused in future then stories like this will give me the courage to challenge. Must be a huge relief.

I must say I find the rhetoric coming from government around those on disability benefits to be extremely troubling and distressing. We have it hard enough already without being painted as scroungers or the reason for this country’s economic woes.

Well done for getting what you are entitled to, it should never have had to be such an ordeal.

[Teazymaid in reply to Jonty77]

Thank you and please never give up .. I thy not to listen to the forever changing ideas from any of the governments we have .. it is appalling to be as we are and we should never have to fight for this .. I have written to my Mp regarding this and the lack of rehab where I live .. .. the relief is slowly sinking in Sue 😊

[BaronC]

Very well done. They rely on people simply giving up and you didn't, good for you. It's one more tiny nail in the coffin of this shameful treatment.

My one warning is, be prepared for this all over again next time your PIP is reviewed. However, that time with the knowledge that you will win every time.

Congratulations and rest and relax now!

Andy

[Mhelpsme]

Hi Sue

Thank goodness! 😮‍💨

You can now breath easily again and start to unwind. What an absolute debacle …I wanted to put SHIT SHOW, but I’m managing how my brain works with my mouth 😜… the “so called” support system is and the government are just a joke 😡 .

Well done you 🫡

Xx

[Butterfly28]

Well done. It’s an awful process to go through made worse by the total ignorance of the government departments and the so called specialists they use to assess the claims. They want people to fail. It was my sister’s experience as well that in the tribunal the judge, doctor and specialist were very considerate, listened and understood. It must be a huge relief for you. It shows it can be done.

MP’s need to be aware of the situation people living with brain injuries face whether it’s lack of rehab support or dealing with DWP.

Well done.

[Nafnaf87]

Very well done Sue 🙂

Best wishes

Michael

[Nafnaf87 in reply to Nafnaf87]

Just thinking about never giving up.

18 months ago after 4 years of screaming in pain due to my family's actions my clinical psychologist lady gave me a referral to an NHS OT rehabilitation unit which is basically a woodworking thing with just 1 instruction "have fun".

Took me 3 months 2 hours a week, but fun I had 🙂

4 months on the guy who runs the job called me saying "do you want to do 2 days week morning and afternoon?" Of course I did and we've done that for a year having plenty of fun and I also help in various ways. There's no money involved but I have no pressure and we are making progress, albeit very slow progress.

I've just been asked if I want to add another day, that starts first week in March.

Meanwhile the Brain Injury Service is lost, they don't know what to do about it, I'm getting too much help! There is a danger before my 60th birthday I might end up with a job!

[TreesMTBI in reply to Nafnaf87]

This is great news, Michael! Steady on, heading back out into the land of The Employed?!

Trees x

[GCS3]

Well done!! I also had to put up a huge fight to get PIP for my son, eventually getting to the stage where I was prepared to go to court. However, before going to court I received a phone call saying that they had changed their decision and were going to award PIP. When I was asked if I was glad not to be going to court, I said no. I had actually been looking forward to putting up a fight so that I could bring more awareness of the fact that just because you can't "see" the injury and its problems that it doesn't mean that there ARE no problems. I have kept a copy of all the correspondence so that I'm able to put up the fight again if I need to. TBI is known as the invisible injury often leading to serious misunderstandings in society, and sometimes family and even doctors, who really don't have any insight into the challenges.

[TreesMTBI in reply to GCS3]

Thank you for your determination, GCS3. I hope for you and your son's sake, you don't have to fight so hard in the future!

Trees x

[Teazymaid]

your son is lucky he has you to fight his corner .. your words are 💯 what it is actually like to live with a brain injury .. I’m so lucky that I didn’t lose the old me at the time of my accident .. the DWP were at the two morning tribunal yesterday but didn’t stay for mine .. I also wanted them to hear this from the horses mouth . Even thought it was hell yesterday and I still was awake for 4 hours last night with a racing brain , I never want to experience that again .. I have once again written to my local MP with the update and how having to go to a court where even my Tena was pulled open from what was in my bag had to go trough security , to sitting in a room with a Dr ,a judge and lady from social services where sat on individual tables with me and my husband sat in front of them in The middle of the room .. a secretary was sat behind them ..

they where so kind but the effect on me was horrendous …. I still don’t want to leave the house …

Thank god for this place /forum who do understand Sue 🥴

[GCS3 in reply to Teazymaid]

My heart goes out to you. Once you feel calmer within yourself, give yourself a huge pat on the back, look at yourself in the mirror and tell yourself you're amazing ... and a winner!! x

[JPBeeves]

teazymaid well done you, you should be proud of yourself for doing this and enduring the court.

Let this be a lesson to everybody about standing your ground and persuing what you deserve.

[Teazymaid]

thank you as being in this group helped me to keep up the fight for all of us Sue

[WonderingWanda]

I am so pleased for you!!

Why is everything such a challenge for us??

Today I heard that I won my second appeal about my pension and the wonderful lady who examined my case said I should have been granted the full pension from the start!! It’s been a year of my efforts. We really shouldn’t have to fight so hard for what is right!! But I am so pleased that you have also triumphed. When we know that we have right on our side it is worth the effort.

[Nemo24]

Lovely to hear your good news. It's shocking that appeal goes to court setting. Life is hard enough without extra stress. Glad you can now relax on new decision.

[Leaf100]

I am so glad you got it back, Sue.

For what it's worth I have a friend in the UK on PIP and she has been through the deny/challenge/ Tribunal saying 'why are you here, this is a no brainer' cycle a few times.

It seems they just try to grind you down so you give up.

Keep good records and a log, so when this happens again it is less stressful. Cause, sadly, odds are, it will happen again.

Leaf x

[Teazymaid]

I will be saying no change when it come up again as it is appalling and if this is supposed to put people off it most definitely doesn’t stop the falsely claiming people as they just lye straight from the off .. 🥴sue

[sammm2k in reply to Teazymaid]

That doesn’t always work Teazy, I said no change when a review form was sent 4 yrs after my BI, they dropped me down to standard PIP doh! Headway helped me & appealed the decision higher rate was put back in place & awarded for further 5 years.

[Teazymaid in reply to sammm2k]

Thank you for sharing this .. such a shame they don’t understand that brain damage is permanent .. same as loosing a leg it doesn’t grow back . Also helpful to hear that Headway helped you get back what you so rightly deserve . Sue

[TBI-wife]

We've had the opposite experience. Through to video tribunal and the doctor was very accusatory. Didn't get anywhere with them, didn't get to bring our points up. It felt so geared towards physical disability rather than mental that we had no chance. There seems to be a huge gap that we're slipping through. Just got an esa form and the medical part seems yo focus on the same bits. Just because he can lift a milk bottle above waist height doesn't mean he'd be able to learn and hold on to a new job . Feel totally let down by the system :(. So glad you've had success though!

[Leaf100 in reply to TBI-wife]

Just out if curiosity, TBi Wife, did you get help from Headway? I am just wondering if there is a possible difference when people do that.

I live in Canada and got help filling in my qualifying form the local bi society, and what they wrote in answer to the questions didn't seem to relate to the question. The woman filling it out said the form wasn't set up by people who understand bi but she knew the kind of answer they needed to see. I don't feel a regular person would be able to fill it out for bi and be successful.

(My friend in the UK always gets the citizens advise people to help her out, though her issues aren't with bi.)

It is so unfair.

Leaf

[MizzyM in reply to TBI-wife]

Hi TBI Wife,

I'm so very sorry that happened to you.

I got good advice from CAB when I applied for my husband but was told not to apply till he came home. Things have changed a lot since then and I ghave been through many applications and also changes from DLA to PIP and a few reviews in the following years.

I usually just go with the updated information and guidance on the benefitsandwork.co.uk, and also help and advice from the local and national carers organisation.

The one thing that I do know is that you need to send in as much evidence as you can every time. they rarely bother to look at past information and so its a bit like Groundhog Day.

You do not have to be on carers allowance to join the carers groups as it is for unpaid carers, ie not working as a carer for an organisation.?

I hope things improve for you and do not stop trying.

[Teazymaid]

oh I’m sorry you didn’t get a good outcome from your tribunal .. but yes the system is so wrong .. I had sent over 100 pages of evidence from hospital letters to personal letters from people who now me to explain what they didn’t understand in what I had said .. I have approached my MP about how bad rehab and PIP is and if you can do the same as we are lost in the system that doesn’t understand TBI .. I did also injure my body in several places at the same time as my head and neck but I did get them to understand how my cognitive problems have a massive effect on my life .. I also went private to see a neurologist who asked my GP to refer me to a neuropsychologist and neuro balance physio .. all of which has helped me understand me a lot better and they can see from my med records that I am being seen by them .. go to citizen advice and ask them what you should do next as they were very helpful and I also had help off a local charity group that helps with PIP forms ..Sue

[TBI-wife]

Thanks both. Yes we will apply again, knowledge of the system is definitely helpful. We had help from our insurance case worker and an on staff benefits expert who used to work for pip. Both were shocked we didn't get it prior to the tribunal. We have several more apps with neuro rehab/physcologists/psychiatrists through the insurance so I think I'll use their reports this time. We were hammered because I'd applied while he was still in hospital. But that's what if been advised to do as it took so long and noone saw him as able to work for a long time. His works occupational health have even said he can't work or be redeployed so what do we do? It's complicated by the fact he was a hgv driver and will never get that license back so he can't do his previous job, and now cognitive problems.means he won't be able to remember any new training. So we're stuck in the gap!

[TreesMTBI in reply to TBI-wife]

Oh this must be beyond frustrating for you, TBI-wife. Perhaps go down Sue's route and contact your MP if not done already? DEFINITELY use all the medical reports you have that highlight all of your husband's disabilities. And did you include a statement for yourself, outlining all the things you've mentioned above? How he is so reliant on others etc? Gather all those other medical opinions too. Paint an undeniable picture of your husband's future that DWP simply cannnot ignore. I'm sorry you're having to go through this. It shouldn't be like this at all.

Don't give up.

Trees x

[TreesMTBI]

Sue, well done! I'm so pleased that the tribunal was a success but really displeased that you had to go through any of that in the first place! I think just applying for PIP is such an ordeal in itself that having to go to tribunal is additional trauma that no-one needs in our situation.

I applaud all your efforts in raising the profile of the needs of brain injury survivors.

Onwards and upwards!

Trees x