PIP Chaos, Need Advice

IIKazzII

Is the bundle classed as the intial result of your medical interview, the one that has a copy of the examiners report?


When you say submission is this something I have meant to have emailed them (or posted) or something I take on the day? Is a submission just a statement saying why I disagree with result?


I applied for the tribuneral online, and communication has been minimal during waiting for the appointment for the hearing, during this communication all they have done is confirm my appeal, and tell me of appointment time, they haven't requested anything from me. I know I need as much evidence as possible, but as said above have hit a wall in that area as my doctors isn't playing nicely.


CAB told me by law I can ask for my medical history from them, I've only just been informed of this, so have asked the surgery for them, they have even tried to refuse me them, but when I said they have to by law, they finally agreed and are "working" on it, I told them I need them by the 17th, hopefully they can deliver by then.

calcotti

IIKazzII wrote: »

Is the bundle classed as the intial result of your medical interview, the one that has a copy of the examiners report?.

The 'bundle' is prepared by the DWP to include all the documents associated with your claim. This includes your initial application, their decision letters, the medical assessment report, copies of any supporting evidence you previously submitted and copies of any other correspondence that has taken place.

The tribunal will not ask you for anything. You are not required to submit anything - however it is much better to send the tribunal a submission explaining why you think you are entitled to the benefit. This allows the tribunal to identify the matters they consider relevant and identify what they may need to ask you about at the hearing. In making your submssion you need to address the descriptors against which an award is assessed.

This is all covered in the links Alice has already posted.

Muttleythefrog

You've had top advice above.... (and below - follow the advice of the post below from Alice to get on the front foot regarding the actual attendance issue).

But in passive reading I must pass comment in stressing you need to focus on the descriptors (statements of disability) in the various activities and in particular those relevant to you. Failing to do that is like trying to win a football match without focusing on the ball. I am hoping you've made a decent case (submission) to the tribunal in describing your problems in relation to the activities and thus which descriptors they should conclude apply to you. When you attend they will ask relevant questions to get the information they feel they need to make judgements. On evidence.. as poppy says... people like GPs are often poor at giving evidence even if they wanted to (which as you've found surgeries often won't) as they're often not familiar with the criteria of the benefit and so can often write supportive letters that actually are not particularly useful at all in terms of relevant evidence/information.

On the face of it for MI sufferers... and statistically... best advice is to go attend in person and so I agree with what Alice and Poppy said. While you have problems that would make more difficult attending events outdoors you could describe the difficulties you faced as an example when there. Just because you have made it to the event doesn't mean you can reliably do such. I made it to my PIP assessment in person but they still concluded I cannot go out due to overwhelming distress based on the fact that for the majority of the time this is true.

Good luck... be honest but also make sure you try to fully describe the difficulties you have when asked about activities and your daily life. This is your opportunity to explain to an independent panel what problems you have... to them you're a valuable (possibly even the best) source for facts and primary evidence and their ambition will be to get an accurate determination of what descriptors apply to you. Also study in advance all the paperwork in your case which is in effect the 'bundle' being referred to... the tribunal panel will have studied this paperwork. It seems unfortunate there may well be a lack of evidence in the case from your medical interactions... as above you can ask for your medical records and they may contain something useful.

I still can't get beyond the troubling idea that many claimants are severely disadvantaged in claiming PIP or ESA/U.C by virtue of the very disabilities they have and incompatibility with a technical evidence based process.

Let us know how you get on.

Alice_Holt

IIKazzII wrote: »

Hi again guys, my partner cannot attend as an important hospital appointment falls on the same date for one of the kids that we have been waiting for a long time. What is the bundle someone mentioned, prep bundle? I have literally received nothing?


I was on DLA Middle rate for life, failed my first PIP claim, then appealed, I scraped by on points and got mobility basic. I was going to accept that and be done with it even though financially still leaves me in a mess, but was told by everyone and their grandmother because how I'd been treated, to pursue it, I applied for the tribuneral online. I have had 3 messages from them in 56 weeks:


1 To confirm my tribuneral application
2 Around the 40 week mark to say there will be a delay but I'm still on the list to be seen
3 Last week to confirm time and date


I'm not sure what the prep bundle is I've not gotten anything in the mail etc. I contacted them via email the other day asking what to bring, they just suggested my medication and ID. It doesn't even say on the appointment letter I need these things, I'm literally clueless about it all, all I know is I have to turn up with my meds and ID. I asked my doctors again today for medical evidence and was told no sorry. So no evidence on my claim at all, which is frustrating as I have had these issues for over 20 years, and seen several therapists etc, and also passed 4 medicals previously on DLA before being awarded for life. It's disgusting how one woman who wanted her bonus payout for failing people not only puts me back at square one, but in a hugely disadvantaged way, then my supporting evidence is totally blocked.

At the risk of repeating myself (and others):

1) Write to the TS explaining why your partner can't come, that you can't get anyone else to take you, and you are unable to get there without this support (if this is really, really the case); request a telephone hearing instead and if this can't be arranged then ask that the the hearing date is postponed to when your partner is available.

2) i) As you were in receipt of middle rate DLA care (if I interpret you post correctly), it would be worth making as strong a case for a PIP Daily Living award at the tribunal that you can
It will help you to know the PIP activities, and criteria, to do this - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/808855/pip-assessment-guide-part-2-the-assessment-criteria.pdf
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

ii) It's because you get distressed if you go out that you have received a standard award for the mobility component.
This mobility award (on reconsideration) recognises the difficulties your agoraphobia brings. To get the enhanced mobility rate requires 12 points (i.e Descriptor f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points).

3) You are completely and totally wrong in saying - " if I turn up, it's like an instant fail".
If you don't turn up the only evidence that the panel will have in front of them is the DWP papers. The tribunal panel has to make its decision on the evidence before it. How do they know the assessment around your depression and anxiety is flawed if you haven't told them?

4) If you get a second date, then use the time wisely to prepare fully for your appeal. Understand which PIP points apply and why, write a compelling submission, prepare a diary / examples to take to the hearing, get your medical records, get evidence from family members, etc.
https://www.advicenow.org.uk/guides/how-win-pip-appeal

IIKazzII

Thanks guys I will attend the hearing, and thanks for all the advice, I am not hopeful due to lack of evidence that I will get anywhere.


I haven't wrote to the tribuneral service at all, so should I get a letter together explaining the score I got and the score I feel I should of got with a breakdown of the categories, and post this to them asap? Or can you email it? I have not submitted anything at all to the tribuneral as I never knew I had to. I just applied for the hearing and got a date.

calcotti

IIKazzII wrote: »

Thanks guys I will attend the hearing, and thanks for all the advice, I am not hopeful due to lack of evidence that I will get anywhere.

I haven't wrote to the tribuneral service at all, so should I get a letter together explaining the score I got and the score I feel I should of got with a breakdown of the categories, and post this to them asap? Or can you email it? I have not submitted anything at all to the tribuneral as I never knew I had to. I just applied for the hearing and got a date.

Yes, you need to explain why you think you are entitled. To stand the best chance you need to address each descriptor that is relevant and explain how your health limits your abilities.

A good tribunal will do everything they can at the hearing to get an understanding of the impact your health has on you. That is their job - but you help yourself by making their job easier. You can't blame them for not understanding if they don't the information to help them understand.

Please read through the information on the links that have already been provided. You are asking questions which I think these links would have answered.

You should aim get any submission to them at least a week in advance of the hearing. You can ring the HMCTS to see if it is possible to email it.

Muttleythefrog

IIKazzII wrote: »

Thanks guys I will attend the hearing, and thanks for all the advice, I am not hopeful due to lack of evidence that I will get anywhere.


I haven't wrote to the tribuneral service at all, so should I get a letter together explaining the score I got and the score I feel I should of got with a breakdown of the categories, and post this to them asap? Or can you email it? I have not submitted anything at all to the tribuneral as I never knew I had to. I just applied for the hearing and got a date.

Crucial is this. There are lots of things you don't have to do in claiming PIP... but failure to do them can make it less likely they'll make an accurate or beneficial decision in your case. At the end of the day you're trying to make a case that you're entitled to the benefit because you meet various criteria... and so much of the responsibility is on you to explain (and evidence) how you meet the criteria. The tribunal panel, as said above, can only make a decision based on the evidence before them (which can include your oral and written testimony). I would follow the advice of calcotti... and you also should find in doing so that as additional benefit you have clearer mind in what you need to explain and focus on when at the tribunal. It's unclear to me if you've even determined what descriptors you do think apply to you... which from my POV should be the first thing a claimant should do when applying...i.e. before filling in the Disability questionnaire.

Alice_Holt

IIKazzII wrote: »

Thanks guys I will attend the hearing, and thanks for all the advice, I am not hopeful due to lack of evidence that I will get anywhere.


I haven't wrote to the tribuneral service at all, so should I get a letter together explaining the score I got and the score I feel I should of got with a breakdown of the categories, and post this to them asap? Or can you email it? I have not submitted anything at all to the tribuneral as I never knew I had to. I just applied for the hearing and got a date.

Yes.

Remember to head your statement with:
Your name,
Your NI number,
Your HMCTS reference number.

Look at https://www.advicenow.org.uk/guides/how-win-pip-appeal which will show you how to write a statement.
Keep clearly in your mind the PIP activities, descriptors, majority of the time, and reliably (see links already posted for more info).

IIKazzII

Thanks again, I'll contact PIP Monday to see if things can be emailed to them, I think I mistaken a hearing like a medical, so wasnt surprised that I wasnt asked to send anything. Also what is a descriptor?

calcotti

IIKazzII wrote: »

Also what is a descriptor?

The descriptors are the tasks against which you are assessed in order to determine your entitlement (as set out in the PIP2 health form you completed at the start of claim). Once again, can I urge you to read the links that have been supplied. You appear to have little understanding of how PIP works and without this you cannot prepare a focused submission to assist the tribunal.
Here is the assessment guide link again https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria