Pips taken away

bubblelubs

I don't know where to start really but here goes.
I have just received a letter from pips stating that they can no longer award me anything.
firstly here is some background to my condition, I have suffered from severe depression and anxiety since I was 13 years old I am now 43, I suffer from a moderate social anxiety disorder which makes it very hard to leave the house or attend appointments.
I was awarded pips 2 years ago medium level living with no mobility which at the time I tried to fight for mobility which was declined.
I was requested to attend a review with Atos which I did try to get a home visit for as I had a home visit last time but was told I could not have one as I have a history of anger (not to them) so I would have to attend a center.
I attended the center with my daughter for support which I found very hard to do and was interviewed by a nurse.
when the report came through it was almost completely different as to what happened in the interview which my daughter was quite surprised at after reading it.
I have been constantly signed off by my GP for the last 4 years due to my condition.
I feel like I have been taken for a joke and these people don't care for people with mental health issues.
I just don't know what to do.

poppy12345

bubblelubs wrote: »

I don't know where to start really but here goes.
I have just received a letter from pips stating that they can no longer award me anything.
firstly here is some background to my condition, I have suffered from severe depression and anxiety since I was 13 years old I am now 43, I suffer from a moderate social anxiety disorder which makes it very hard to leave the house or attend appointments.
I was awarded pips 2 years ago medium level living with no mobility which at the time I tried to fight for mobility which was declined.
I was requested to attend a review with Atos which I did try to get a home visit for as I had a home visit last time but was told I could not have one as I have a history of anger (not to them) so I would have to attend a center.
I attended the center with my daughter for support which I found very hard to do and was interviewed by a nurse.
when the report came through it was almost completely different as to what happened in the interview which my daughter was quite surprised at after reading it.
I have been constantly signed off by my GP for the last 4 years due to my condition.
I feel like I have been taken for a joke and these people don't care for people with mental health issues.
I just don't know what to do.

Your first step is to request the MR and you have 1 month from the date of the decision to request this. You should put this in writing stating where you think you should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you will also help.


You should avoid mentioning any lies/contradictions that may have been told in the report because DWP/Tribunal won't be interested in any of those.



Do be aware that only 18% of MR decisions change so you'll most likely have to take it to Tribunal. Appearing in person will give you the best chance of a decision in your favour but the waiting lists in most areas are huge and some are waiting 1 year for a hearing date.


PIP isn't about not being able to work, people claim PIP and work. It's about how your conditions affect your ability to carry out daily activity based on the PIP descriptors.


If you're claiming any other benefits then these could also be affect by your recent PIP decision, for example if you were claiming severe disability premium in with another benefit, this will also stop. Or if you claim housing benefit and you have non dependents living with you, your housing benefit will also be affected.



Some links here may help you.
https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria


https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

[Deleted User]

First step is to request a mandatory reconsideration (MR), you need to do this within 4 weeks of the decision, part of this will be to tell them where you think you should have scored points but didn't.
Most MR's don't get the decision altered, so then you need to go for an appeal, might be an idea to find out if there is a welfare rights locally or a CAB that will help.

[Deleted User]

Cross posted with Poppy12345 who can type faster than me -)

Alice_Holt

Appeal the decision if you think it incorrect.

First stage is to write the DWP (the address on your decision letter), asking for them to look at their decision again. Head the letter Mandatory Reconsideration Request.
You will find some details in your decision letter about this (the para headed - If you disagree with the decision).

This guide gives you info on how to appeal:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

and this on how to write a MR
https://www.advicenow.org.uk/pip-tool


If you can, get help from a local advice charity.

Some more info:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

https://www.rethink.org/advice-and-information/rights-restrictions/money-benefits-and-employment/personal-independence-payment-pip/

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/831253/PIP-assessment-guide-part-2-the_assessment-criteria.pdf

Cross posted with poppy and venison. My typing is even slower!

bubblelubs

Thank you for your fast reply. I discussed this with my GP today and said to him that it worries me going to a tribunal and I may not be able to go when the time comes.
I went for nearly 30 years without claiming for my condition but the time came when I needed the help so I had to apply.
I'm just really not sure at this stage that my mental health is up to this as I'm changing medication again to see if that helps. I will be doing the MR and I am going to try my best to see the CAB.
thanks again.

nicnak66

Def request a MR. however they will also expect you to get help with your condition as they see it as a fixable condition with the proper help. They also have information on 1st, 2nd and 3rd grade anti depressants and anti anxiety meds aswell as the dosages. You MUST supply evidence of WHY you cant do this and that etc you can no longer just say 'i cant do that etc'. . If you are severely depressed they will expect specialist input from cpn's etc. Have you been to advocacy and do youhave a support worker? They can and will ask why not if you havent. You get points for 'aides' you use to help manage your condition. Take pics of them next to a photo ID. Please note they can access social media etc so be very careful what you put on it and never ever use your real name - in forums, social media and emails etc.

Good luck.

Alice_Holt

bubblelubs wrote: »

I discussed this with my GP today and said to him that it worries me going to a tribunal and I may not be able to go when the time comes.

Remember that it's the tribunal's job to decide if the DWP's decision was right or wrong.

You had a PIP award.
Has your condition and abilities improved between that award and this assessment?
If not, then it is quite likely the latest decision is wrong.

Over 70% of PIP appeals succeed at tribunal.
https://www.buzzfeed.com/emilydugan/most-dwp-benefits-cases-which-reach-court-are-based-on-bad

Your will find the tribunal panel to be very courteous and very willing to listen to your verbal evidence.
You can take someone with you for support.
The Tribunal Service are independent of the DWP.

It's your one chance to get the DWP decision overturned.

Alice_Holt

nicnak66 wrote: »

You MUST supply evidence of WHY you cant do this and that etc you can no longer just say 'i cant do that etc'. If you are severely depressed they will expect specialist input from cpn's etc. Have you been to advocacy and do youhave a support worker? They can and will ask why not if you havent.

No. I'm afraid this is not entirely correct.

The DWP use those reasons ("specialist input from cpn's" ) to deny an award.
However, tribunals are more sensible, they recognise that CPN's are in very scarce supply.
The involvement of a CPN or Support Worker is certainly not necessary for a successful appeal on the grounds of depression and anxiety. There is case law around this, which panels will follow.

Instead a tribunal panel will look carefully at the PIP activities and descriptors, and how the day to day life of the claimant is affected by their conditions.

nicnak66

If afraid the DWP/PIP will not take any notice of sick lines from your GP. thats for ESA. However the DWP cannot ignore photographic proof as evidence. One of the main problems is people exaggerate or lie about their conditions. Even your medication needs to be proved. I opened all the boxes from my meds showing my name and dosage and selotaped the leaflets inside them to it.

A CPN was important in my case. Mental health is a huge area of medicine. Peoples thinking and mental health is appropriate to what HAS actually happened to them and not what they THINK will happen. CPN's and crisis teams should he in every local community.

To prove mobility issues - apply for a blue badge, register in your nearest shopping centre for shopmobility. This will give you a card you can use - yes as evidence. Registering with supermarkets for their mobility scooters is another to try. Buy a rollator - even 2nd hand from the likes of gumtree.

Ask for a copy of the AP report. Put in a SAR request if necessary.

Hope some of this helps

poppy12345

nicnak66 wrote: »

If afraid the DWP/PIP will not take any notice of sick lines from your GP. thats for ESA. However the DWP cannot ignore photographic proof as evidence. One of the main problems is people exaggerate or lie about their conditions. Even your medication needs to be proved. I opened all the boxes from my meds showing my name and dosage and selotaped the leaflets inside them to it.

A CPN was important in my case. Mental health is a huge area of medicine. Peoples thinking and mental health is appropriate to what HAS actually happened to them and not what they THINK will happen. CPN's and crisis teams should he in every local community.

To prove mobility issues - apply for a blue badge, register in your nearest shopping centre for shopmobility. This will give you a card you can use - yes as evidence. Registering with supermarkets for their mobility scooters is another to try. Buy a rollator - even 2nd hand from the likes of gumtree.

Ask for a copy of the AP report. Put in a SAR request if necessary.

Hope some of this helps

I don't see anyone advise sending in "sick lines" fit notes in other words.



Sorry but very few people claim PIP fraudulently so your advice about people lying is bad advice, again. Don't forget there's invisible conditions and you can't judge a book by it's cover.



Why would someone bu a 2nd hand rollator from gumtree to claim PIP? :eek: