September 21, 2016 at 10:30 pm #138180PIP
Hi I’ve recently received a letter to say my DLA is cing to am end and if I want to claim PIP
IM VERY WORRIED AS ALOT OF PEOPLE HAVE HAD THERE BENEFIT CUT which had affected them a lot
Has anyone here applied? And how was it? Did you attend the medical assesment?saniyahParticipantPosts: 14Joined: 12/12/2010December 7, 2016 at 9:57 am #145459Reply To: PIP
I would just like some advice with regards to PIP. My husband has Myotonic Dystrophy and Huntington’s and was awarded the high rate PIP two years ago.
He went to his re assessment in September and he has advised he has gotten worse having a heart operations, now has a bpap ventilator at night and is awaiting eye surgery.
The result came back with half the points so giving him the lower rate plus a paragraph telling us how he can grip as he managed to hold a mobile phone and his walking stick (my husband can’t open a bottle of water). He was also penalised as he attended the assessment himself with my instructions on what train to get which makes me mad as he wants to do things himself. Plus I though PIP was to help with personal independence.
We have called today as we have not heard anything and they have declined to reconsider so it goes straight to court. Does anyone have advice on what happens in court as we are no worried we may have all the benefit taken away? Many thanks in advanceemmabulliParticipantPosts: 0Joined: 07/12/2016December 7, 2016 at 1:06 pm #145475Reply To: PIP
What an awful situation to be in. I know many on here will also share your concerns about the assessment process. It is important though, to try and keep a clear head about what needs to be done. As Catatude has indicated there is another thread on the forum which contains lots of useful information.
Firstly, you should gather together as much written evidence as possible if you are to take this further. This should include your original PIP application form, if you have it, and any medical letters detailing your husbands conditions. You may also want to consider the qualifications of the individual who asessed you. Whilst they do not make the award their comments will be instrumental in advising the decision maker. Were they sufficiently qualified to understand all of his conditions and their impact upon his daily life?
Whilst I can understand his desire to be as independent as possible (we all want to do that) you must try and consider what does need to be done for him to enable him to manage. For example he made the train journey on his own, but could he have done it without your help? Did he receive help along he way from rail staff or members of the public. Looking at his lfe like that may help you and he to understand how independent he really is. You will need to look at every aspect of his life, and then you will begin to get a full understanding of the effects his conditions have upon you as well as him. Once you have a full udnerstanding will you feel able to take the appeal forward.
Those are just a few thoughts, but there are many on here who I am sure will add much more.It might also be worthwhile talking to the MDUK Advocacy Service as they have been very supportibe and helpful with me in similar circumstances.
So many love songs, so little love.embayweatherModeratorPosts: 8Joined: 02/11/2015December 7, 2016 at 2:35 pm #145477Reply To: PIP
Thanks very much Mike for your reply. There are a lot more comments she had written and it was mainly based on her observations on the day rather than what we had written down for his daily life . I will speak to the advocacy service to gain some further advice and try to get our points across regarding his daily life in more detail. Thanks again.emmabulliParticipantPosts: 0Joined: 07/12/2016December 7, 2016 at 6:08 pm #145484Reply To: PIP
Welcome to the forum
As far as I’m aware the reconsideration is mandatory and it can’t go directly to tribunal? Can someone clarify this, it’s been a while. Unless you have passed a window allowed for asking for one?
Here are two posts on the subject and as Mike and the others say, collecting and collating as much evidence from professionals is important for the tribunal if it happens. This should include what people do for you as well as your illness. Hopefully you have kept a scanned copy of your PIP2 form. If not, it’s not the end of the world but in future copy everything, the DWP lose things frequently leaving you in a mess as you pass deadlines falling into the orchestrated trap.
Read these and if possible calm a little, and collect your strength. You’re gonna need it. The system is in place for you to lose your entitlement. You have to fight. Peacefully and with facts.
If you are on facebook the groups below can help, they are free services but you can go further up the queue (wit some) via donations or a VIP service. I took advantage of this myself in the beginning as it was all so overwhelming and I was (as expected) terrified. There are a lot of help files on those facebook group pages that will answer a lot of questions, so get a coffee, sit down and have a good read. The very best of luck to you.
PS it’s important to remember that asking for a reconsideration on a lower award and/or tribunal can have the outcome of losing the award completely if it goes against you, but this will be explained as you get into it and the advisers will help
Look for the ‘files’ sections near the top of the (facebook) groups pages, there’s a plethora of help files there to readweebleParticipantPosts: 44Joined: 23/09/2010December 8, 2016 at 1:18 pm #145505Reply To: PIP
Weeble, as far as I am aware you can apeal the ruling at any time not just within a certain time period of the initial award. My friend is just going through this porcess and the paperwork and conversatiosn she had with them suggested that this could be done. It is a gamble as you rightly point out, as you could lose everything, but statistics consistently show that many appeals are upheld. I doubt that there is anyone on here who would not want to rant against this hideous and unfair system, butsadly it is a hoop we are expected to jump through in the government’s effort to save money.
None of us would wish that the benefit is given without proper assessment, but in my view that is the key word, “proper”. These are not proper assessments.
Still I should stop this before I go on and on and on and………….
So many love songs, so little love.embayweatherModeratorPosts: 8Joined: 02/11/2015December 8, 2016 at 1:56 pm #145507Reply To: PIP
You have one month from the decision to ask for a mandatory reconsideration and if the decision remains the same after that you have the right to appeal within another month. You can appeal outside these time limits if you can show sufficient reasons for delay.
There is some good guidance here:
A learning experience is one of those things that say, “You know that thing you just did? Don’t do that.” - Douglas Adamssar78ModeratorPosts: 2,246Joined: 05/03/2015
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