PIP assesment help and Great result

[nafta]

Re: PIP assesment help

thank you @enaid . When you say all you can get together.... I have sample diaries over a course of two weeks based on most of the descriptors including the mobility ones which are the ones we are arguing so they have a better understanding on a week by week on my husbands life. I will be preparing a letter with our reasons for appeal based on the information the DM has given as on his MR which is all incorrect/false/made up. The GP is also working on a strong letter supporting mobility descriptors (we wont see that one till it is done but I am hoping it will be soon as she is aware that we have till the 17/03. I am also going to drop by the surgery and leave a copy of the MR for her to read so she can also let the panel know that the DM is wrong in his decision. I will then take all of this to Welfare Rights to discuss with them. We feel very strong at this point we must say to both the Tribunal and the DWP that the assessment report cannot be taken to make a decision as it is false/incorrect. Do you think this is enough or too much? is there such a thing as too much? can we send more info if necessary at any time up to a few days before the hearing? as in if the letter from the GP for example is running late...can we send it to the Courts at a later date before the hearing?

[enaid]

Re: PIP assesment help

My opinion, never too much unless it's abuse. I am sure all will be on time for the hearing and am pleased you have a GP on your side.

[nafta]

Re: PIP assesment help

[MENTION=141]enaid[/MENTION] I am sorry to be a pain but we are feeling confused.

I have spoken to Welfare Rights and they have assure us that if they did not think we have a chance they would have told us as they have many cases to go through. That is good to hear.
I downloaded the File"Ways to challenge a PIP medical report" from Benefits and Work and I felt that it was exactly what we needed. Bring to their attention the discrepancies of the assessment hoping to put a strong appeal case and even get a chance for the DWP to change their decision and stop appeal.
But the answer from the Welfare Rights person was that we should not over complicate matters with these things as the Courts have seen and heard it all before? That we are only arguing the mobility "plan and follow a route" So if we don't write all these things down on the appeal letter on what basis are we appealing? Am I missing something? I know they have many years experience but i don't understand how we should not tell the court that the DM decided that my husband could walk 20meter based on a false observation and only that. Nothing else. The HCP said she saw my husband walk 25 meters to the room without stops (lie) and the DM says "i have decided you can walk 20 but no more than 50 becasue the HCP has told me so". For sure if we measured the distance and proof it was less than 20 meters that should be enough for the Courts to say that his decision was based on inaccurate/false information?
Apologies for my frustrations and maybe "tone" but my husband feels so impotent and let down but the system. And when I am told that we don't need this for the appeal I am totally lost.


Can you please give me your advice? Am I missing something?

[des8]

Re: PIP assesment help

I can understand Welfare Rights thinking.
If you argue about 20m or 25 m the DWP will use it as a distraction , and at the end of the day you are arguing about another 2 points.
If you concentrate on your husband's inability to plan and follow a route, (which assessor claims he can do) you will have a better chance of success
I would be inclined to go along with WR.

[enaid]

Re: PIP assesment help

When I said get as much info together as you can I meant for the WR to go through they will decide then what is relevant as they have been through this many times. They should imho be able to get the full picture of your hubbies situation and condense it to be acceptable for the tribunal.

[nafta]

Re: PIP assesment help

[MENTION=141]enaid[/MENTION] [MENTION=39710]des8[/MENTION] just a quick update. The appeal has been sent and we have nor received standard letter saying waiting for DWP to respond. However, yesterday I got a call for the welfare rights officer helping us and said he has now received a letter from the GP and he feels it is so strong that could make the DWP change the award on this alone and avoid a hearing. I know I might be reading to much into this but before sending appeal forms I asked him about the chance of the DWP changing their minds and avoid tribunal and he replied that this was very rare maybe 1/1000 and that we should focus on attending a hearing. Yet now he thinks this could be 1/1000 chance? My argument is that he could just simply called me to tell me he has received the letter and that he was sending it and not say anything else but based on his years of experience this must be a strong possibility otherwise he would not have said it to me and raise my hopes up?

[enaid]

Re: PIP assesment help

He's helped you with the forms and that's good, his opinion is just that his opinion, no one can speak for the DWP and you do well to look towards a tribunal. Then if you do get a decision before the tribunal it will be a bonus and a big relief, but not something you should be banking on. Good Luck and keep us informed xxx

[nafta]

Re: PIP assesment help

Today has been a hard day. We have returned the car. Even the car dealer was shocked when he saw my husband's poor mobility, the kind man even drove us to the nearest bus stop home. Now we have to wait and see what happens. We know we are in good hands and we are getting so much support also from here...is it selfish to say it does still feel very raw and wrong? (if it wasn't for their lies...)

[enaid]

Re: PIP assesment help

I can only hope things move quickly for you and go in your favour. Seems so unfair to take the car away when you are in dispute but that's the rules. I should imagine they are banking on most giving up at the appeal stage and I bet there are many that do.

Just a few facts for you hope it gives you a bit more confidence

PIP success rates for claimants have risen from 26% of 81 appeals in quarter 4 of 2013/14 – the first time there were any PIP appeals - to 57% of 7,931 appeals in the first quarter of 2015/16.
The proportion of claimants who have won their PIP appeal has risen every quarter until they are now on a par with DLA and ESA appeals.

[nafta]

Re: PIP assesment help

@enaid @des8 WE WON!!!!!!!!!! the DWP case maker has looked at the evidence again including the letter from GP and have awarde my husband enhanced rate for both Living and mobility components and the award is ongoing!!!

We are so thankful to you for your advice and constant support and encouragement. It has been a long, difficult and emotional fight but we have won!! we did it!!! xx

[enaid]

Re: PIP assesment help

You can't imagine how pleased I am for you and yours xxx
Now to get your car back, will you have to wait 6 months to go back on the scheme or are there special rules apply?

[nafta]

Re: PIP assesment help

You can't imagine how pleased I am for you and yours xxx
Now to get your car back, will you have to wait 6 months to go back on the scheme or are there special rules apply?

Thank you [MENTION=141]enaid[/MENTION] . No, we have already spoken to motability so we just have to wait for them to get back to us to see how much we need to pay in order to bring the previous agreement back to date ( when you have to return the car they give you 21 days grace. so we now have to pay for those 21 days= 3 x weekly rate I think) and once we have made that payment that we can do over the phone we can go ahead and visit dealership to make a new application and order the car. We are hoping to do this the next couple of weeks. They will backdate it to Feb so we will use this payment as the deposit if any. So hopefully in a couple of months max we can start enjoying family days out again and the boys can go back to their after school activities. It really has affected the whole family. Just glad it is now over.

An massive thank you again!!!

[des8]

Re: PIP assesment help and Great result

Brilliant news and thank you for updating the thread