Fun & Games With The DWP!

WestQueen

I do love the fun and games of the DWP. DLA to PIP, zero points, at a hellish tribunal 2 points were awarded, the experience of tribunal putting my mental health at risk.

40 weeks later and a severe decline in mental and physical health they claim PIP again, this time getting 7 points for Daily Living and 4 for Mobility. They ask for a MR because two points not given in new assessment are the two points they did actually get at tribunal 40 weeks earlier. They can't see how these two points are not awarded because nothing has changed in this descriptor.

Mr back, yes you can have the two points for that descriptor but we'll take two points off for this descriptor instead, so you still have 7 and no award. As for Mobility we'll give you 4 points for moving around because of your pain etc. and you can't walk more than 200 metres, but we'll take 4 points back off you for planning a journey, so 4 points = no award.

I really don't have it in me to fight for tribunal again. What with the DWP and the CMHT, I'm too tired to care or fight anyone anymore.

[Deleted User]

Can you get help with the appeal? CAB or welfare rights?

Alice_Holt

If you are able to appeal this (preferably with help), I really think it would be worthwhile.

Our CAB has seen several cases where the DWP DM has removed points awarded by the HCP.
At tribunal the appellant has always been successful in getting those points re-instated.
And at 7 points you are so close to a DL award.
http://www.advicenow.org.uk/guides/how-win-pip-appeal
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

Remember that you can opt out of an appeal at any time, if it gets too much.
But if you don't lodge an appeal, you may regret it later.
Here is the SSCS1 form:
https://formfinder.hmctsformfinder.justice.gov.uk/sscs1-eng.pdf

(I assume you've been through MR).

Best wishes.

WestQueen

Thank you both, I will contact my local Welfare Rights once the Bank Holiday is over.

WestQueen1

Apologies but cannot locate my log in details for WestQueen so same person returning under WestQueen1.

I could not get help and advice from Welfare Rights, too busy with other people. I decided to go to Tribunal off my own back and submitted what I could. Confirmed it was accepted 2 weeks back.

To my surprise, the DWP have changed their mind after my MR decision. I've had a phone call from the PIP Appeals department. I was a little worked up, but all I can understand (letter on it's way) is somewhere along the line the decision was referred back to the Health Care Professional and points changed, I think a 'internal review' was mentioned and now I have been given sufficient points to get an award of PIP.

I have now been awarded Standard Rate for both Daily Living and Mobility. I was asked if I wanted to keep that decision or continue to Tribunal, I already know I would not qualify for Enhanced so agreed to the new decision.

I actually cried down the phone, just so overwhelmed with the change, and other things happening of recent weeks.

There should be back pay of 16 weeks for PIP and I should also get the SDP on my ESA backdated 16 weeks also, as I live alone.

This has really thrown me.

Ames

Sorry to hear all the troubles you had, especially that your health was so badly affected. It's good that it's all been sorted now though.

[Deleted User]

Well done OP onwards and upwards as they say !

WestQueen1

Does anyone know if I have to apply for the SDP backdate on ESA, or will it be done automatically?

pmlindyloo

WestQueen1 wrote: »

Does anyone know if I have to apply for the SDP backdate on ESA, or will it be done automatically?

Were you getting the SDP on your original award?

Since there has been a gap in losing your SDP on your DLA/ESA original claim (if this is correct) then I would telephone and ask them about the SDP.

They may want you to complete a form to check whether you (still) meet the criteria or they may do it over the telephone if they have all the information already.

WestQueen1

pmlindyloo wrote: »

Were you getting the SDP on your original award?

Since there has been a gap in losing your SDP on your DLA/ESA original claim (if this is correct) then I would telephone and ask them about the SDP.

They may want you to complete a form to check whether you (still) meet the criteria or they may do it over the telephone if they have all the information already.

It was back in 2016 when DLA stopped as I didn't qualify for PIP (very flawed assessment) so this will be a new claim for SDP to go alongside the new PIP award, which dates from September 2017. I still meet the criteria, so I'll give them a call once the letter arrives from PIP.