Personal Independence Payment claim won at Tribunal

TheFury85

Hello all,

To those who are trying to claim Personal Independence Payment, well I have succeeded in my claim having been through the assessment with ATOS due to my condition, severe obstructive sleep apnoea, and getting 6 points for the Daily Living Component. After putting in a Mandatory Reconsideration my points total rose to 7 once I explained to the DWP that my partner has to fit my CPAP machine to allow me to breathe safely when I fall asleep without warning.

So I submitted my appeal to the Tribunal stating that the ATOS assessor, who was a physiotherapist, had no knowledge or understanding of my condition and was assessing me on that basis and the Tribunal agreed that what I had written in my appeal form meant I got the required 8 points which entitled me to PIP. As I first applied for it in September 2013 I should receive a back payment to cover from then until September 2015. To think I received the Decision Notice from the Tribunal on Friday the 13th, not an unlucky day for me!

If you have applied for PIP then don't give up, be prepared to battle with the DWP for what you are entitled to. I have read on this forum how others have won their claims against various authorities so I thought I'd share my story to encourage all the good people in similar situations.

The best of luck to you all :j

Freshstart2012

Hi

Well done for fighting for what you are entitled to and for seeing it through to the end.

Enjoy your back pay as no doubt the last 18 months have been a night mare for you.

Ridiculous having a physiotherapist assessing your condition in the first place.

benniebert

Word of warning, fail to submit the Mandatory Reconsideration application and it be received by the DWP outside the time limit set even by one day, the DWP can and will refuse that application.


No appeal will be allowed or accepted for the late deliverance.


This will shut down any possible appeal that you would have wanted to make against the decision to a Tribunal.

FBaby

I explained to the DWP that my partner has to fit my CPAP machine to allow me to breathe safely when I fall asleep without warning.

Surely that wasn't the sole reason for it to be granted? As surely if it is a case that if you fall asleep before you remember to put it on, which surely is not a daily occurence, all she would need to do is wake you up so that you can put it on. Alternatively, you could set your alarm clock for your bed time so that if you fall asleep before, you can wake up and make sure to put it on before you fall asleep again.

Sorry that reason alone doesn't make sense to me.

TheFury85

The Tribunal stated that I satisfied the following 4 descriptors:

1. Preparing Food
2. Managing therapy or monitoring a health condition
3. Washing and Bathing
4. Managing Toilet Needs or Incontinence.

Each one scored 2 points and I need supervision, prompting or assistance when carrying out these activities of daily living due to the likelihood of me falling asleep.