PiP tribunal

scoobydoo3301

Hi Guys , here's my story .. need help !!!  ok I was awarded PiP in Oct 2021 for my ptsd and other condition from the army .and arthritis in my hands I was told to inform them of any changes to my medication etc which I have which is only getting stronger and may still increase , I called them to say this is the case and to update my file , next thing after about 8 weeks I had an assessment from capita ( I thought this was just to ask about my new medication ) but No it was a full assessment again and I was not in a very good place to think about this assessment  and yep you guest it I failed the reconsideration x2 times now  !! they awarded me 0 points for everything ! so now they stopped my PiP  don't even  get the living allowance ( 150 ) from the government because they stopped it couple days before it was announced  .I now have to take them to tribunal now  they had  my psychiatrist reports and consultants reports for my arthritis  and GP  reports  I have No idea where to turn or what to do or even if I would even win .. my anexity and stress are through the roof and need to seek help from the gp again for medication ... anyone please help  

poppy12345

Although it does say you must report all changes for PIP you do need to be very careful when doing this. A change of medication isn't a change of circumstances that needs to be reported. If everyone did this every time they had a change of medication the backlogs would be even worse than they are now.

Your next step is to request the Tribunal. Details here. https://www.gov.uk/appeal-benefit-decision/submit-appeal You only need to give a brief reason why you disagree with the decision. Everything else can be done at a later date.

Once that's requested i'd advise you to get yourself some expert advice from an agency near you. If you can get representation then even better. Start here. https://advicelocal.uk/

Alice_Holt

https://www.advicenow.org.uk/guides/how-win-pip-appeal

This is a good guide to the tribunal process.

I would anticipate that you have a very good chance of success at tribunal (over 70% succeed), as any tribunal would have to explain why they agreed with the DWP that an existing award had been taken away from you.
If your conditions and abilities (around the PIP activities) have not improved, then it will be very difficult for a tribunal to agree that the DWP made a correct decision.

It may be that a tribunal decide that a higher award is justified - this is not uncommon, as the tribunal are much more thorough (and fair) than assessors, and will be willing to hear and consider your verbal evidence.

The key to success is to participate in the hearing, so you can explain how your PTSD and mental health affects you.  

Danien

What most people don't understand about PIP, is that it is basically a 'box ticking' exercise by the decision maker. There are points for if you need help or can't do certain things and you you need to give the information that'ticks the boxes' for the different points, then provide medical evidence to back up the boxes you tick.

Not mentioning things, putting things in the wrong way, not touching on relevant points can all mean that a person who should qualify, doesn't.

You need to first request the appeal. Then you need to get yourself an experienced advisor to help you prepare a submission for the tribunal.

This submission should include a short description of your issues with very brief history and details about whether your condition is deteriorating. Then go through the descriptors (these are the specific areas where you need help or can't do a task that the DWP choose to look at in assessing PIP entitlement) stating on the submission which descriptor you meet and why. It shod be attached by any corroborating medical evidence.

If you have a friendly doctor, or other health professional, they may even be persuaded to comment directly on the descriptors that you meet. They may ask a small fee for this. I have found that having them read the submission and then asking them to sign an addition at the bottom of the submission stating who they are and whether according to what they know about ypur health conditions, they agree or disagree that the submission is a true and accurate account if how your illnesses affect you.

A good submission and supporting evidence given to the DWP prior to the tribunal can sometimes get the decision overturned and the PIP award reinstated without having to go through with the tribunal hearing.

If you are successful, your award will be backdated to when it stopped and you will again be eligible for the cost of living payment.

Hope that helps.

Request the appeal.
Get yourself an adviser from citizens advice or a local welfare rights organisation. If you are a tenant of a housing association they may have a specialist benefits  adviser on staff who can help.

andycov30

scoobydoo3301 said:

Hi Guys , here's my story .. need help !!!  ok I was awarded PiP in Oct 2021 for my ptsd and other condition from the army .and arthritis in my hands I was told to inform them of any changes to my medication etc which I have which is only getting stronger and may still increase , I called them to say this is the case and to update my file , next thing after about 8 weeks I had an assessment from capita ( I thought this was just to ask about my new medication ) but No it was a full assessment again and I was not in a very good place to think about this assessment  and yep you guest it I failed the reconsideration x2 times now  !! they awarded me 0 points for everything ! so now they stopped my PiP  don't even  get the living allowance ( 150 ) from the government because they stopped it couple days before it was announced  .I now have to take them to tribunal now  they had  my psychiatrist reports and consultants reports for my arthritis  and GP  reports  I have No idea where to turn or what to do or even if I would even win .. my anexity and stress are through the roof and need to seek help from the gp again for medication ... anyone please help  

@scoobydoo3301,
Do not worry , exactly the same thing happened to me. I have bipolar and PTSD and was subject to a review by Capita and also received 0 points. I had my assessment in my home as I am often unable to go out due to severe anxiety. Like me you have conditions that are not curable and were previously awarded PIP. Fortunately I did not have to go down the tribunal route. I asked  for a review of the decision by CAPITA .I was under the care of the home crisis team at the time of my assessment , so obviously I was not well. I sent in lots of additional information for CAPITA to review and called several times to chase up their reviewing process. When I mentioned that I was under the care of the crisis team and that I had included a letter in the additional information sent , from the crisis team , simply stating I was currently under their care  , almost immediately , (within days) my PIP was reinstated. I would be extremely surprised if the tribunal didn't rule in your favour. You were awarded PIP previous to them stopping it , your condition/s have not been cured(if only).It seems to me that CAPITA have some kind of internal directives to limit the PIP awards to substantiate them managing applications and save money and in so doing cause unnecessary stress and anxiety to people with disabilities.
Good luck at your tribunal, but I don't think you will  need it .

poppy12345

Danien said:

 then provide medical evidence to back up the boxes you tick.

Medical evidence isn't really needed for a successful PIP claim. A couple of real world incidents of exactly what happened the last time you attempted each activity that applies to you will do. Include detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were.

Danien said:

This submission should include a short description of your issues with very brief history and details about whether your condition is deteriorating.

I wouldn't advise doing that for any Tribunal. A worsening of condition will not be taken into consideration and mentioning any deterioration in your condition could go against you.

Danien said:

If you have a friendly doctor, or other health professional, they may even be persuaded to comment directly on the descriptors that you meet.

Letters from GPs/Consultants isn't the best evidence to send because they don't spend any time with you to know how you manage the daily activities for the PIP descriptors.

Alice_Holt

"This submission should include a short description of your issues with very brief history and details about whether your condition is deteriorating."

  Not necessarily good advice I'm afraid. 

  Remember that the tribunal are there to decide if the DWP made the right decision - they are looking at the claimants conditions and abilities on the date that decision was made. 
Given the current DWP and HMCTS delays, that could have been many, many months before the tribunal hearing. 

Having a submission that details a worsening of the claimant's condition since the decision date the tribunal are ruling on, may just create confusion and doubt. It really won't help the claimant.