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  • FIRST POST
    • itsmeinnit123
    • By itsmeinnit123 6th May 17, 11:53 AM
    • 13Posts
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    itsmeinnit123
    PIP confusion, advice needed please
    • #1
    • 6th May 17, 11:53 AM
    PIP confusion, advice needed please 6th May 17 at 11:53 AM
    Hello

    A little background first...I am in my 50's and have been in receipt of DLA "for life" low care for the last 20+ years

    A month ago I received the DLA to PIP change letter and requested a home visit for the face to face as I no longer go outside my flat, the last time I went out anywhere was October 2015

    The assessment was done on April 21 this year

    Today, May 6, I had a letter dated April 29 telling me I had scored zero on all issues and that as of now my claim for DLA/PIP had ceased

    I also got a letter from them saying my ESA work limited benefit was dropping by £5 per week??

    Anyway, I am confused since I live in an adapted flat, had all of my supports on (back, wrists, knees), was using an elbow crutch, was puffing away on my inhalers as I spoke to the lady and I even made sure that she saw that my bathroom was adapted too when she asked what adaptions/grabrails I had etc

    I do not go outside cos I have extreme pain from arthritis and old injuries (ex husband) , I also have become nervous due to IBS that is very unpredictable, I get breathless due to COPD and suffer severe migraines following a stroke in 2007

    I am confused as to what I should do as they tell me that cos I eat ready meals in the microwave and talk to a friend daily via Skype (he lives in Belgium) I am not eligible for PIP or DLA

    I am due a DLA payment on May 8 and am depending on that for a bill payment but I assume now it will not be paid?????

    This has pulled the rug out from under me, I would go to the CAB but I can't go outside.....I live alone and have no family (they are dead)

    Can someone please tell me the way I need to put this right cos its very upsetting and confusing

    Thank you in advance
Page 4
    • Alice Holt
    • By Alice Holt 30th May 17, 7:02 PM
    • 1,050 Posts
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    Alice Holt
    If you're a tenant then a nuclear option is to stop paying rent as that will get their attention! .
    Originally posted by Spindrift24
    Please don't do this.
    Not to pay rent will only lead to greater problems, additional costs, and ultimately potential homelessness.
    https://www.gov.uk/guidance/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy

    For the particular DLA / PIP problem you posted about - contact your local CAB / advice agency.
    • Spindrift24
    • By Spindrift24 30th May 17, 7:32 PM
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    Spindrift24
    I did say this was a nuclear option and applies only if you're a Council or Housing Assoc. tenant, but I know from professional experience that even just telling them that you are struggling to pay the rent will produce a response. Their tenancy systems should have you registered as disabled and that will flag this up to anyone you speak to - I would ask for the Area Housing Manager, Head of Housing Benefits or the Tenancy Support Team. It is a last resort, but if nothing else is working then it's worth a try. Might not be worth the risk for this lady, depends on where she lives. If we knew that (roughly, not actual address) then more specific help would be possible.

    Re. My earlier domestic abuse comment, I'd add I was a trustee of a rape crisis centre for several years. All the staff and volunteers are wonderful people and will understand and help if they possibly can.
    • Alice Holt
    • By Alice Holt 1st Jun 17, 12:41 PM
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    Alice Holt
    I did say this was a nuclear option and applies only if you're a Council or Housing Association tenant.
    Originally posted by Spindrift24
    You obviously are not aware of introductory tenancies.

    Here is some info for you:
    https://england.shelter.org.uk/housing_advice/council_housing_association/introductory_council_tenancies
    "Many councils (and housing associations) give introductory tenancies to new tenants.
    An introductory tenancy is a probationary tenancy that allows the council to decide if you are a good tenant.
    Introductory tenants can be evicted quite easily.
    The council has to get a court order and follow the correct procedure but it doesn't have to prove a legal reason in court."

    We have also seen private tenants with a spotless record in paying their rent, telling their landlord of a slight change in their financial situation, only then to be subjected to a Section 21 eviction notice.

    As the OP has a specific benefit issue she should seek help from an advice agency (such as CAB).

    She may well decide to tell her social housing officer of her circumstances, and they may be able to refer her on to a local advice agency. However, for you to tell her to deliberately withhold rent is foolhardy, and very dangerous advice for anyone who follows it.
    • Spindrift24
    • By Spindrift24 2nd Jun 17, 2:14 PM
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    Spindrift24
    Alice, I'm not trying to get into an argument with you here just provide some help to someone who is clearly desperate and has tried the obvious things including CAB. I am aware of introductory tenancies (in fact I helped one of the local authorities I advised write the procedures for dealing with each of the equaliy groups) and this lady clearly isn't in one as she has been in her flat since at least 2007, probably longer, and had at least some adaptations done. To be crystal clear, if, for whatever reason, someone can't get the help they need in any other way then desperate measures are needed to get attention and if an LA or HA tenant says they are struggling with rent - and I imagine that this lady may well be if her PIP is taken away or reduced - then telling the council or HA will make them pay attention. Evicting people isn't cheap - especially if disabled adaptations would have to be removed before a property can be re-let so social landlords will try and find other solutions first. But I have suggested a number of other things in earlier posts and would hope that one of these will work. I'll shut up now!
    • Alice Holt
    • By Alice Holt 2nd Jun 17, 4:27 PM
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    Alice Holt
    Spindrift24,
    The reason I'm persisting with this is to underline to how dangerous your advice "to stop paying rent as that will get their attention" is to anyone who may be reading this thread.

    This is extremely dangerous advice.

    Here is Shelter's guidance on not paying rent if repairs are outstanding.
    https://england.shelter.org.uk/housing_advice/repairs/doing_the_repairs_if_your_landlord_wont
    "You do not have the right to stop paying rent because your landlord won't do repairs.
    Your landlord can take steps to evict you for rent arrears if you don't pay the rent."

    This is from Citizens Advice adviceguide on repairs "If your landlord won’t do the repairs. Keep paying your rent. If you don't, you'll get into rent arrears and your landlord might then try to evict you."

    The above guidance concerns something that is under the landlords control (repairs to their property).
    PIP / DLA decisions are nothing to do with the LA or HA. How can "getting their attention" possibly resolve a PIP issue?

    If a tenant is struggling financially then a chat with their housing office may well be prompt the LA or HA to signpost tenants to agencies that can help. You do this through discussion, not a unilateral decision to withhold rent due. Such a decision is only likely to lead to ongoing arrears difficulties (it's likely that some of the rent money may be spent on other things) , additional costs incurred (admin fees / bailiffs fees / court fees) , and a deteriorating relationship with the landlord.

    Please, please edit your posts to remove the suggestion of withholding of rent.
    It is really, really, really bad advice.

    I have posted at length on this thread about the benefit appeal process. See posts 5, 17, 48 & 51.
    The OP has already had her thread hijacked by RB, she really does not want someone posting the ludicrous suggestion to not pay rent. Please remove or revoke this advice.
    • nannytone
    • By nannytone 2nd Jun 17, 5:41 PM
    • 12,017 Posts
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    nannytone
    you stop paying rent, you break your contract. you are in the wrong.
    simple as
    • Bridgeford5
    • By Bridgeford5 10th Jun 17, 9:00 AM
    • 2 Posts
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    Bridgeford5
    Chronic Migraine and Depression
    I hope someone can help i have been off work since June 2016 with chronic Migraine and depression i have been under a neurologist and my doctor i applied for pip as i am struggling every day with headache and get a full blown migraine about 5 to 6 times a month which can last up to 72 hours when they do happen i cant do a thing. i had my face to face meeting and got 0 points. i was told chronic migraine is not an illness. i have read somewhere that a judge said it was can anyone help me please
    • Alice Holt
    • By Alice Holt 10th Jun 17, 10:19 AM
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    Alice Holt
    Bridgeford5,

    Look at my earlier posts here (5, 17, 48) in which the appeal process is outlined.
    I would suggest you see if your local CAB / advice agency can offer help.


    This is what the Migraine Trust say:

    "Migraine may be considered as a disability under the Equality Act 2010. This will depend on the severity and frequency of the attacks and the impact the condition has on the sufferer. The Equality Act defines disability as: ‘a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities’. Migraine is clearly a physical impairment. To fall within the Act, you then need to establish that the effect of the condition has a substantial and long term adverse effect on your ability to carry out normal day-to-day activities.

    ‘Substantial’ means more than minor or trivial. ‘Long-term’ means that the impairment has lasted or is likely to last for at least 12 months or the rest of your life. ‘Normal day-to-day activities’ are not set out in the Act. However, there is guidance to the Act, which says: ‘In general, day to day activities are activities that people do on a regular or daily basis’. For instance, shopping, reading and writing, holding a conversation or using the telephone, watching TV, carrying out household tasks, walking and travelling by various forms of transport and taking part in social activities. This can also include general work-related activities such as ‘Interacting with colleagues, following instructions, using a computer, driving, carrying out interviews, preparing written documents, and keeping to a timetable or shift pattern’.

    Your doctor or headache nurse may be able to advise you on whether your migraine condition is likely to be considered substantial, long-term and likely to affect such day-to-day activities"

    If you google "PIP and Chronic Migraine", you will get more leads.

    See also: http://forums.moneysavingexpert.com/showthread.php?t=5631449#2)
    Last edited by Alice Holt; 10-06-2017 at 10:23 AM.
    • Bridgeford5
    • By Bridgeford5 10th Jun 17, 10:47 AM
    • 2 Posts
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    Bridgeford5
    Thank you very much i have been to the doctor and i am going to have them for the rest of my life and every day is different i would say more than half the days in a month are really bad and i can not do anything ? i will go to cab om Monday
    • pmlindyloo
    • By pmlindyloo 10th Jun 17, 11:07 AM
    • 10,440 Posts
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    pmlindyloo
    I suffered from very bad migraines when I was younger and know how awful they can be.

    Since migraine sufferers are affected differently then I think it may be worth keeping a diary to include with you evidence for your appeal. If someone can confirm the details it might be useful (family member?)

    For instance, I did not get a headache, but flashing lights, blurred vision, incoherent speech and then paralysis of my face until I b#blacked' out for several hours. For a couple of days afterwards I could not function well as was in a 'fuzz'.

    Since eligibility for PIP does depend on the frequency of your disability keeping a diary ('before days' if you get any warnings, 'during' and 'after days') with very detailed explanations could help in this aspect.

    Many people think having a migraine is simply a bad headache but it can be so much more.

    I don't know whether your consultant/doctor has detailed your particular case with a full explanation of the details but if not it may be worth asking your GP for this.

    Good luck!
    • Alice Holt
    • By Alice Holt 10th Jun 17, 12:14 PM
    • 1,050 Posts
    • 1,129 Thanks
    Alice Holt
    i would say more than half the days in a month are really bad and i can not do anything
    Originally posted by Bridgeford5
    Excellent suggestion by pmlinyloo.

    The PIP assessment should look at what you can do reliably on the majority of days (over 365 days) - it may be that the assessor just concentrated on how you were on the day of the assessment, and consequently produced a flawed PA4 report.

    If you go to tribunal with strong medical evidence and a diary / examples to tell the tribunal about, I'm sure you would have a good chance of getting the DWP decision overturned.

    More than 65% of PIP appeals are successful. Don't worry about the 0 points, our local CAB regularly get flawed 0 points decisions overturned at tribunal.

    I would suggest when you get to the Tribunal Service SSCS1 form stage (after mandatory reconsideration), you request on the form that, should you be subject to an attack on the day of the hearing, the hearing is postponed so that you have the opportunity to attend at a later date and explain things fully to the panel members.

    The "How to win a PIP appeal guide", and Benefits & Work are very useful resources.
    http://www.advicenow.org.uk/guides/how-win-pip-appeal
    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals
    Last edited by Alice Holt; 10-06-2017 at 12:17 PM.
    • Profligate
    • By Profligate 10th Jun 17, 2:53 PM
    • 26 Posts
    • 30 Thanks
    Profligate

    Medical evidence was the same as my ESA from IB/Incap changeover, 40 or so pages/letters/scans etc

    They did not bother reading it.....just as the assessor did not bother to listen
    Originally posted by itsmeinnit123



    Hi, I hope you are ok
    You haven't posted for a while but just in case the Mandatory Reconsideration didn't change the PIP decision (as they're frequently don't) - I just wanted to add to the good advice you've already been given by other posters such as Alice and pmlindyloo...

    Please send current medical evidence to the tribunal- the bit quoted above suggests you sent medical info which is out of date by some time? Also, do physically send the information - don't request that the DWP passes across medical info from your DLA claims as this cannot be relied upon to happen.
    You can ask your GP for a summary of your medical records -this will include medications, diagnoses etc - and you should not be charged more than £10 for this.
    Keep copies of all documents and send with (free) proof of postage.

    My local Citizens Advice does provide home visits for housebound clients - so please do see if your CA could do this for you.

    Advicenow do some really good info booklets including one on PIP and how to win an appeal - sorry, I can't link as I'm new but just google Advicenow guides and you'll find it


    It includes info on where to look for help -such as via law centres & suggests local agencies who may be able to help(when you put in your postcode). Your council may be able to suggest a local agency too. Age Concern may be able to come out to help you.
    The Advicenow PIP info also talks you through the whole process and is worth reading.

    At the very least, do please look through the PIP descriptors (linked earlier in the thread) and see where you score points.
    You need 8 pts on Daily Living Activities to get the standard rate of Daily Living Activities PIP, or 12 points for the enhanced rate.
    Same for the Mobility descriptors - you need 8 pts for standard rate or 12 points for enhanced.
    Your appeal -including the medical evidence- needs to demonstrate your difficulties in these areas, and the coping methods you have adapted - such as 'furniture walking' around your flat (and using the adaptations too), eating only soft, microwaved food, and restricting your freedom by staying indoors as it does not feel safe/possible for you to go outside.

    Reading your posts it does very much sound that you should be awarded at least 1 PIP component, unfortunately though, people don't always get awarded what they should - and you would not be the first person to be refused a benefit which they are clearly entitled to.

    Good luck and keep your chin up -and get some help to fight these crazy decisions, and to get what you're entitled to.
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