Personal Independence Payment Tribunal Appeal Decision

m1ckr1ck

I'm delighted for you bigshorty40. It really does make you wonder why DWP/Capitaputs so many disabled people through this when it would be common sense, and better value for the taxpayer, to just allow the claims first time round. I was assessed for DLA around 6 years ago, following spinal injuries and nerve damage suffered in a motorcycle accident. It took 3 attempts to have it allowed, but when I was reassessed it went through no problem. Now I have my DLA-to-PIP assessment in a few weeks and I'm bricking it. I still have the issues, which are only getting worse, I have long-term use opiate painkiller problems, mental health problems due not being able to come to terms with the sudden major life-changes, and I suffer a myriad of knock-on effects such as insomnia, memory loss, tongue-tie, balance-loss. All things which on paper, should go in my favour, but I just have the suspicion all these will be ignored at the first try. But your story has heartened me and galvanised my resolve that the ******** won't get me down.

bigshorty40

Many thanks for the reply.
I wish things could be phrased in a way that can easily be understood, I can’t fathom out what the phrase in the paragraph you mentioned is actually trying to say. Don’t suppose you would be kind enough to help me understand what they are trying to say please?

bigshorty40

NeilCr wrote: »

OP

Can I ask what you actually asked them? And who you asked?

That looks like a reply from the general adviceline team who may be quite generic in their response. A benefit check would, likely, only be done face to face at the local office.

Your situation is a bit complicated and, if this wasn't with the local office, I'd be inclined to contact them directly to see if you can get an appointment.

Thanks for taking the time to reply.

I explained my situation as it was described in the beginning of this discussion, everyone who has replied to me here seems to have gotten the gist of the description of my situation, hence why I was really disappointed with the CAB response. I would book and appointment with them but my conditions render me housebound, so at best would only be able to participate in a telephone conversation.

bigshorty40

m1ckr1ck wrote: »

I'm delighted for you bigshorty40. It really does make you wonder why DWP/Capitaputs so many disabled people through this when it would be common sense, and better value for the taxpayer, to just allow the claims first time round. I was assessed for DLA around 6 years ago, following spinal injuries and nerve damage suffered in a motorcycle accident. It took 3 attempts to have it allowed, but when I was reassessed it went through no problem. Now I have my DLA-to-PIP assessment in a few weeks and I'm bricking it. I still have the issues, which are only getting worse, I have long-term use opiate painkiller problems, mental health problems due not being able to come to terms with the sudden major life-changes, and I suffer a myriad of knock-on effects such as insomnia, memory loss, tongue-tie, balance-loss. All things which on paper, should go in my favour, but I just have the suspicion all these will be ignored at the first try. But your story has heartened me and galvanised my resolve that the ******** won't get me down.

Thanks for your message and I’m sorry to hear about your worsening conditions, I would say that I hope you’re not suffering too badly, but if you’re like me then everyday is a struggle, considering before my incident I was able to live a full and enjoyable life. My problems all started from being given a medication for a condition that was in my view a misdiagnosis, even though my doctor will never admit that. This in turn led to internal bleeding where I could easily have lost my life, if it wasn’t for the quick thinking of a foreign, locum doctor at my local surgery there’s a strong possibility I wouldn’t be typing this reply. Ever since then I’ve had a whole host of physical and mental problems that render me housebound, and feeling illness and pain daily.

I’m feel overwhelmed that you feel my post has given you hope and strength to fight your corner, I do wish you all the best. IIRC the government have been talking about trying to get more people off disability benefits and out to work, and I reckon the Atos assessments are now the first part of the filtering process. On top of that I’ve also heard that people who have assessments at the end of the week are unlikely to have successful claims as those at the beginning of the week, I don’t know what truth there is in that but my assessment happened to be on a Friday?? I find it so hard to believe that one persons view of my current health condition gave me 0 points for daily living and mobility, but another’s end up given me 9 and 8 points respectively. I know if it wasn’t for the damning report of the whole DWP process I informed my local MP of, who took it upon himself to help me with my appeal, I probably would have had an unsuccessful appeal. Even though the extra money will be welcome, for me this whole ordeal was more about principles, which is something I stressed in my appeal. I never asked to become ill, I was made ill by the people we rely on to try and make us better, and if I could turn back time and be the hard working, healthy person I was before this all happened I would without a shadow of a doubt.

All I can say is bombard them with as much info as you can, no matter how trivial it may seem, and try not to let the system grind you down. I do hope your transition from DLA to PIP goes smoothly. All the best and good luck!

bigshorty40

calcotti wrote: »

Disappointing that Citizens Advice did not offer to take your details from you and do some benefit checks rather than giving you a generalized response.

I was rather disappointed by their response as well. I contacted the CAB a while ago asking for consumer advice regarding a mid-sold internet package and I got a very detailed and helpful response from them, however this response regarding my benefits situation certainly isn’t up to their usual high standards.

NeilCr

bigshorty40 wrote: »

Thanks for taking the time to reply.

I explained my situation as it was described in the beginning of this discussion, everyone who has replied to me here seems to have gotten the gist of the description of my situation, hence why I was really disappointed with the CAB response. I would book and appointment with them but my conditions render me housebound, so at best would only be able to participate in a telephone conversation.

Thanks

I agree that is really generic and not helpful. To be honest, it's almost like someone has answered a different question.

We deal with our own emails so I haven't seen much from the Adviceline team. I was asking as I have done our emails and, sometimes, people give you scant information. I didn't think you would have done this as you express yourself really clearly but you never know!

Can you ring your local office or the Adviceline? I've always found advising in person or on the phone much better than by email

m1ckr1ck

bigshorty40 wrote: »

I’ve also heard that people who have assessments at the end of the week are unlikely to have successful claims as those at the beginning of the week, I don’t know what truth there is in that but my assessment happened to be on a Friday??

Hmm, they used to say this about the driving test as well. Mine is at 1pm on a Thursday so it's touch and go then .

I had to cancel my initial assessment because I was on the last day of my holiday the same day. But I also asked to have my assessment location changed from a centre to my home. Besides it being more conducive to my personal wellbeing, the assessor would have the opportunity to see what adaptations have been made to my home to help with my day-to-day living. The operator was happy to do this, but the only date available at that time was the day I went on holiday. If it had been first thing I would've agreed to it. But as I would have been a couple of hours into a 4hr flight to Tenerife, it wasn't suitable. But when the revised appointment arrived, it was for a centre again. So I rang to ask for it to be changed to a home visit, I was told this wouldn't be possible as I was only allowed one cancellation. That I wasn't cancelling, just asking for a change of venue, which had already been agreed, fell on deaf ears (unsurprisingly). I still feel that it shouldn't be an issue so another call will be made tomorrow and hopefully I won't get somebody who hates their job and blames the applicants for it next time.

bigshorty40

m1ckr1ck wrote: »

Hmm, they used to say this about the driving test as well. Mine is at 1pm on a Thursday so it's touch and go then .

I had to cancel my initial assessment because I was on the last day of my holiday the same day. But I also asked to have my assessment location changed from a centre to my home. Besides it being more conducive to my personal wellbeing, the assessor would have the opportunity to see what adaptations have been made to my home to help with my day-to-day living. The operator was happy to do this, but the only date available at that time was the day I went on holiday. If it had been first thing I would've agreed to it. But as I would have been a couple of hours into a 4hr flight to Tenerife, it wasn't suitable. But when the revised appointment arrived, it was for a centre again. So I rang to ask for it to be changed to a home visit, I was told this wouldn't be possible as I was only allowed one cancellation. That I wasn't cancelling, just asking for a change of venue, which had already been agreed, fell on deaf ears (unsurprisingly). I still feel that it shouldn't be an issue so another call will be made tomorrow and hopefully I won't get somebody who hates their job and blames the applicants for it next time.

Did you manage to get your appointment changed to a home visit? My last assessment was at home and it was at the request of Atos, which I thought to be very odd. I'm not sure if having a home visit is a good thing really, it didn't do me any favours, so it might be better to go to the appointment you've been given, at least that way they will be able to see how much of a struggle to find it to get around. Unfortunately I've discovered in the past that any change to their said appointment date, without good cause, results in a cancellation, very harsh I know and adds extra pressure to us all that struggle anyway. The whole process is very counter productive, and causes a great deal of stress and worry, before and after the assessment, something I gave my local MP a good grilling about.
I do hope it all goes well for you and you get the result you want and deserve. All the best!

bigshorty40

Hi All

Just a quick update for you all.

Over the last couple of days I have been in contact with the CAB and they admitted that my situation is very complicated, and they offered to contact the DWP to see if they could elaborate on my situation. Their response was once PIP payments resume then I need to stop my CA payments and claim couple rate of SDP. They also told me that I would need to write to them to request backdating of SDP, but from what I understand from the conversation with CAB then I can claim backdated couple SDP, minus CA, for the period of when my PIP claim was first awarded, which was back in October of 2016, and incidentally roughly the same time my partners PIP award payments started as well.

I also had a call from the DWP today asking me some questions about being in hospital overnight, or going abroad in the last x amount of months. After answering these questions they told me that my backdated PIP payment will be paid within 5 to 7 days, so the DWP won't be appealing the tribunal decision.

So there we go, I'd be interested to know what any of you think about the info I was given about the backdating of SDP, I'm a bit skeptical of what has been said as this is nearly 2 years worth of backdated couple rate of SDP, minus a couple of months of CA. This would amount to a huge back payment amount, surely that can't be right?

calcotti

SDP can be backdated in full to the date of eligibility which in your case will be the date on which you both had an award of PIP (you are not eligible if you are living with another adult who does receive PIP/DLA/AA).