PIP appeal

dp1

Thanks for your reply
I could ask my employer to start paying me for the 14 hours I'm actually working, but it worries me that then I would be on a lower wage if my application for LCWRA was refused.
Do you mean ask the doctor for a letter stating that I'm only fit to work less than 16 hours? I didn't know I could do that - I do have the letter she wrote for my PIP appeal stating I was only able to work 'very part time hours.'
I got my decision letter about the PIP appeal this morning, I'm thinking it could be useful to ask for the reason for their decision before I apply for anything else?

HillStreetBlues

A fit note is more about what you can do. So can say you are limited to a set number of hours,  or can be no work at all.
The issue you will have is the JC will want you to work longer hours, the best way to avoid that is if you are on LCA or LCWRA  as then you can work as hours that suit you. So once process id finished  you can  up your hours again if possible.

It's always best I feel to get full results whenever possible good or bad. With your PIP result it seems it came down to them not believing you (as you suggested) but that shouldn't put you off appealing in future with a WCA as a different panel can reach a totally different outcome (sadly long covid along with ME/CFS is a lottery).
 

peteuk

dp1 said:

Thanks for your reply
I could ask my employer to start paying me for the 14 hours I'm actually working, but it worries me that then I would be on a lower wage if my application for LCWRA was refused.
Do you mean ask the doctor for a letter stating that I'm only fit to work less than 16 hours? I didn't know I could do that - I do have the letter she wrote for my PIP appeal stating I was only able to work 'very part time hours.'
I got my decision letter about the PIP appeal this morning, I'm thinking it could be useful to ask for the reason for their decision before I apply for anything else?

Sorry to ay this but Gp letter dont carry much sway with PIP assessments and equally your ability to work doesnt either.  People can work full time and still get PIP.

HillStreetBlues

peteuk said:

dp1 said:

Thanks for your reply
I could ask my employer to start paying me for the 14 hours I'm actually working, but it worries me that then I would be on a lower wage if my application for LCWRA was refused.
Do you mean ask the doctor for a letter stating that I'm only fit to work less than 16 hours? I didn't know I could do that - I do have the letter she wrote for my PIP appeal stating I was only able to work 'very part time hours.'
I got my decision letter about the PIP appeal this morning, I'm thinking it could be useful to ask for the reason for their decision before I apply for anything else?

Sorry to ay this but Gp letter dont carry much sway with PIP assessments and equally your ability to work doesnt either.  People can work full time and still get PIP.

I do think working can count against you when claiming PIP and you have certain conditions such as long covid.

Indie_Kid

They do ask about working. But working in itself shouldn't stop you from getting pip.

dp1

Yes they asked me loads of questions about working, even how many hours in such and such month in 2022. I got totally mixed up - Long Covid badly affects my memory and I did say that to them. I felt that if I'd been able to say I haven't been able to work for 2 years because I've been ill, I would have had a chance of an award. I don't know how I would have paid my rent and my bills though!

Muttleythefrog

peteuk said:

dp1 said:

Thanks for your reply
I could ask my employer to start paying me for the 14 hours I'm actually working, but it worries me that then I would be on a lower wage if my application for LCWRA was refused.
Do you mean ask the doctor for a letter stating that I'm only fit to work less than 16 hours? I didn't know I could do that - I do have the letter she wrote for my PIP appeal stating I was only able to work 'very part time hours.'
I got my decision letter about the PIP appeal this morning, I'm thinking it could be useful to ask for the reason for their decision before I apply for anything else?

Sorry to ay this but Gp letter dont carry much sway with PIP assessments and equally your ability to work doesnt either.  People can work full time and still get PIP.

Again I need to caveat a post of yours. You I presume are referring to the assessment that drives the DWP decision but an appeal tribunal may well consider a GP letter seriously if it provides relevant information. Unfortunately many a GP will be clueless about the criteria for PIP. PIP assessments as we've long discussed carry some 'flaws'... but they do not necessarily determine the end result. Regarding ability to work... absolutely that could impact a PIP outcome.. working itself may not be a barrier to a successful claim but working may well shed light on disablements or the lack of them. If you're a tour guide you're not going to be taken seriously if attempting to claim to struggle planning and going out on a route without surely a good explanation. The activities you carry out regularly at work may indicate non disablement for tasks..

In this case the GP letter sounds pretty much irrelevant and so surely would not really have helped at all with appeal.... and potentially even was harmful in distracting from discussion of relevant disablements rather than a theme of work. It sounds like the appeal was hijacked by scepticism and a focus on unhelpful things. 

My instincts on this failed appeal... wait a few months and re-apply if one believes they meet the criteria sufficient for an award? What do others think?
(If there is a future new application I think I would be careful about mentioning work unless it allows real examples of disablement for various activities. Focus on the activities and the relevant descriptors and describe in detail with examples how disablement plays out.)

HillStreetBlues

Muttleythefrog said:

My instincts on this failed appeal... wait a few months and re-apply? What do others think?

If the OP can cut hours they should do so and ask for a WCA, also I would make a new PIP claim straight away if OP feels they meet the criteria.
With long covid it's normally about the tribunal panel. The OP now knows what to expect and can prepare for that. For example if their employer didn't provide a letter confirming hours worked was less than hours paid, the OP should get one  if keeping current arrangement. Put that out there straight away,  you have a much better chance to be believed, as sadly for LC that's what it's mainly about.

dp1

Thank you for replies. I have asked my boss for a letter stating that I am working 14 hours from today, as I am not well enough to work anymore. I will be paid just for these 14 hours. I do think it complicated things when I was saying I was being paid for more hours than I was actually working.
I have a telephone call with my advisor at the job centre tomorrow morning, so I can tell her about this change. I also need to send a message to my doctor asking for a fit note confirming that I can only work part-time hours. Hopefully, once I get this I can ask for a work capability assessment.
I have sent a letter asking for a statement of reasons. I'm unsure yet whether to try again for PIP - the whole procedure has worn me out and I have found it difficult and exhausting. To be refused after the Tribunal felt like I wasn't believed, I felt exhausted at the end of it and spent the rest of the day in bed.

dp1

Just thought I'd pop on with an update. I wish I hadn't asked for the statement of reasons.
It basically says that I lied to them about what I could manage to do at work and  exaggerated how much I am affected by Long Covid . Two years after having Covid I still feel awful most of the time and struggle to go to work for 12 hours a week. I've finished filling in the form for WCA, which has taken weeks of filling in a small amount each day, if I don't get that I give up!
If anyone has any more insight into claiming WCA while having Long Covid, I'd be interesting in hearing. I don't think I could cope with trying to claim PIP again.
Thanks again for everyones' advice