DWP PIP and Mobility help please

Proactive52

Hi
I have been fighting to get the DWP to acknowledge and award Higher Rate PIP and Mobility for my daughter who is chronically disabled following symptoms last February believed to have been brought on by Long Covid and having the Covid Vaccine - she is suffering from Fibromyalgia, ME/CFS, POTS and PEM - leaving her unable to do anything for herself and is housebound, NHS assessed her need for a wheelchair which she now has. I am her mother and Full-Time Carer.

The Assessment for PIP and Mobility was a farce, carried out by someone with no Clinical Knowledge, just an 'Assessor' - the response was they awarded my daughter lower rate PIP and nothing for Mobility and stated she can do things for herself and walk 50-200 metres!!  She is unable to do either, cannot walk and I have to do everything for her as she is unable to do anything.

We completed and requested the Mandatory Assessment - again an 'Assessor' sounded bored or tired with no Clinical knowledge again, asked the same questions as previous assessment form and stated the outcome then asked if we agreed or disagreed with their findings - all of which we answered strongly disagree.

Got a reply saying they upheld their previous findings! How?!  And said if we disagreed we should take it to Tribunal - I know from so many others with the same chronically disabling conditions, that they are being completely ignored by the DWP, I believe as do many others, due to the negligent way in which Atsos and Capita, their appointed outsourced assessors are carrying out these assessments, thus costing an extortionate amount in costs and court time for these cases to go to Tribunal when if the assessment was done properly and a 'Clinical Assessor' with knowledge and spoken to or arranged a Video call with my daughter, her chronic disabling condition would immediately be apparent as it was when a UC Assessment for work capability, ESA Assessment and Ocupational Health Assessments were carried out by CLINICAL Assessors.

I am at my wits end trying to get help with this - including lobbying my MP Theresa May!  Any help or suggestions would be welcomed as my daughter is not fit to be able to attend a Tribunal.

Thank you for any help or advise.   

Proactive52

Apologies I am a newbie to Forums!  Sorry I have posted this message to the wrong board - can someone move it please?

Thank you

silvercar

I will ask for it to be moved over for you. 

Welcome to MSE forums and I hope you find the help you need.

Proactive52

Thank you

calcotti

The original assessment is carried out by the assessor who writes report which is sent to the DWP. A Decision Maker (DM) at the DWP makes the decision. A Mandatory Reconsideration involves another DM reviewing the evidence. A tribunal requires the tribunal panel to make a decision in place of the DWP.

Most tribunals are actually now carried out by video rather than face to face. 
Although a tribunal is a legal process it is not a trial. 
She can request the tribunal simply look at the paperwork but success rates on paper based claims are much lower.

If your daughter managed the assessment process she will likely manage a tribunal. The panel will be exploring the facts and will want to hear from her how her health affects her in respect of the specific activities which are examined.

You could see if you can get help https://advicelocal.uk

If you haven't already you should make sure you understand how PIP is assessed and scored
https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

peteuk

Proactive52 said:

The Assessment for PIP and Mobility was a farce, carried out by someone with no Clinical Knowledge, just an 'Assessor' - the response was they awarded my daughter lower rate PIP and nothing for Mobility and stated she can do things for herself and walk 50-200 metres!!  She is unable to do either, cannot walk and I have to do everything for her as she is unable to do anything.

Did you ask the assessor their back ground?

Mobility is broken down into two activities one is physical eg can and walk X meters, the second is more mental health based on planning and taking a journey.  With the descriptor given she would score 4 Pts.  How is her mental capacity to plan a journey?  I assume as she zero award the assessment says she can plan a journey.

Look at real life situations, for this ignore her wheelchair.  Can she stand unaided? Can she walk? What are the effects? Does she walk using aids? (Rhetorical questions - but worth answering to yourself). If she cant stand unaided what does she do?

Has she had an OT assessment?  If so what does the report say? 

Questions will be the same as they are taught the same.  Start small go long, around the house, garden, to the car, at hospital appointments (from car drop off or car park) 20 meters is a just short of a train cartridge (for reference)

Take a step back, look at real life situations and take these to the tribunal.  Good luck!

Alice_Holt

This is a good guide to the appeal and tribunal process:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

Please read it carefully, and follow the suggestions.

When you write the submission - phrase it around the PIP descriptors and points, and explain how and why your daughter can't do the PIP activities reliably on the majority of days (reliably is very important in PIP decisions - google it for more info).
Do not concentrate on the flawed PIP assessment - but clearly explain to the tribunal panel why the additional points should have been awarded. 2/3 pages is sufficient, medical evidence is useful.
For a good outcome your daughter needs to participate in her hearing, so she can explain and clarify things to the independent tribunal panel. As calcotti says this can be by video (or phone) as well as in person.

Success rate at tribunal are c.70% 

More online resources:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/how-decisions-are-made/

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1092461/pip-assessment-guide-part-2-assessment-criteria.pdf

If you can't get help from a local advice charity, Benefits & Work have a very comprehensive guide to PIP appeals, but membership costs c.£20 pa.
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals

Good luck, and do go to tribunal.
As calcotti says it's not a trial - the panel are there to determine if the DWP made the right decision or not. They are very careful to put claimants at ease.

Do give them the info to correct a flawed decision, through your submission, additional medical (and other) evidence, and (most importantly) the verbal evidence of your daughter.

Proactive52

Thank you all soo much for your info - my daughter suffers from Fibromyalgia, PoTS and ME/CFS throughout her body and struggles to speak due to constant brain fog and is pretty much bedridden now - it took nearly 2 months to complete the original PIP form with her as she is so bad - has been assessed by her companies Occupational Health (still awaiting OH thru DWP/GP as waiting times are soo long - its been over a year since referral!) had a video call for UC Assessment and ESA - all have agreed she is in a totally disabling state and totally unfit for work for foreseeable future.

Will definitely go to Tribunal over this and request Video Call for it as they will hear and see how debilitated she is, and how totally rubbish the DWP have been with their original assessment and mandatory re-consideration - just think its disgusting the whole review assessment process is - if a Video Assessment had been done in the 1st instance it would be clear how her conditions since having Covid have left her in such a totally disabled state - she can't get up unaided so can't walk accept a few paces with my support and assistance eg to go to the bathroom!  Due to constant Brain Fog and pain is totally unable to plan anything never mind a journey, car journeys to hospital appts are horrendous as any slight vibration triggers horrendous spikes and then leaves her bed-bound for up to a week, and finds it really difficult to do anything with her hands as they constantly go into pain spasms.  I have had to buy specialist equipment and seats eg to be able to get her in the bath/shower.

We are now aware of lots of people with similar conditions following Long Covid whose conditions have been totally ignored by the DWP, have gone to Tribunal and their cases have been over turned - so we will pursue as a matter of justice - I am just disgusted that someone so dibilitated and chronically ill has to go thru this.  It also wastes time and Tax payers money to get help for people like my daughter and they need to recognise those with severe chronic conditions such as my daughter has following having Covid as be able to deal with them swiftly.

Sorry for the rant!!  Just at my wits end, trying to get what she should clearly be entitled too whilst caring for her and trying to work to pay bills to support us both.

Thank you again for all the info and wisdom so we can hopefully get this sorted.

Alice_Holt

From what you write, I think an enhanced award for both DL and Mobility may be possible at tribunal.

The ME / Fibro and hand spasms possibly making it physically difficult to:
  prepare and cook a meal in a reasonable time period and to an acceptable standard,
  requiring an aid to wash and bathe safely,
  needing rails to get on /off the toilet safely due to ME / PoTS (counts as an aid) / difficulty cleaning herself afterwards,
  not being able to dress in a reasonable time period, and may need help with fastenings / shoes / jackets, etc,
 
The brain fog may make these PIP activities difficult:
 engaging face to face i.e needing social support to converse with others outside the family / medical professionals, etc, and not being able to maintain friendships as she would like,
  making budgeting decisions i.e needing help to manage bank accounts / bills etc.

Mobility -
Sounds like she should score points for both activities:
Following journeys due to the brain fog - i.e how would she cope with public transport on her own,
Moving around - as you have described.

Worth making the case if these do apply - as an appropriate first award sets a precedent for future assessments.     

https://solvecfs.org/top-7-tips-for-claiming-disability-benefits-with-m-e/

https://meassociation.org.uk/2022/07/new-personal-independence-payment-pip-application-guide/

https://www.fibromyalgiaresearchuk.com/help-with-pip-forms

Spoonie_Turtle

Just a small point and shouldn't make any material difference, but calling brainfog by its technical term 'cognitive dysfunction' if possible will help the tribunal understand how serious it actually is, particularly where executive function and safety are concerned.  ('Brainfog' is a wonderfully descriptive term for how it feels, but says nothing of the very real and detrimental impact it has on our lives).

Proactive52

Thank you all for the additional info and advise - I have taken everything on board and will now plough on with doing the paperwork for Tribunal - so many having to fight like this for justice who are very similar to my daughter - personally its a shame and disgrace that if you have certain conditions with medical evidence to back up the totally disabling conditions, that mean you are pretty much bed-bound and unable to leave the house or do anything for yourself, that they don't award on this basis and that you have been diagnosed and your condition is Chronic and severely disabling, the award should be automatic - I assumed they would have contacted my daughters GP or one of the Consultants we named to clarify how disabled my daughter is, but no!  Its so sad that others like my daughter prior to Covid were extremely fit, did everything for herself, working full-time and very sociable!  What a difference a year has made - and dealing with PIP and Mobility has left my daughter even worse as it has also affected her mental health severally at a time where she already has no quality of health.