PIP Urgent appeal request email

hi guys,

My mother has heart failure, Osteoporosis, and other issues... some of which are new, and not from her original claim. But those two are.

In 2014 she was turned down for PIP, then appealed and it took 9 weeks. At the appeal, the judge was disgusted that she was turned down, as she had limited quality of life and was on a bag full of medication everyday in order to have some function. He awarded the decision for 3 years.

In 2017, she moved near me, and was assessed, and was immediately given it. A 3 year award.

In November 2018, she received a small lump sum from a pension payout, with which she bought a funeral plan (DWP said she could do that, and it would not been seen as a lavish purchase so although she had more than the £6000 thresh hold, buying this to take her down to £4700 was fine and she would not be seen as doing anything wrong and no more would be taken from her. This was her safety egg should she need it.)

So she bought the plan, and a week later she was contacted by ESA and PIP, who bought wanted the proof again of what she bought. So she she sent it recorded delivery. 2 weeks later, another letter, they weren't happy and needed more proof. She sent everything, which was more than they needed. They eventually agreed it was ok, but a week later both of them sent her a letter and she was being evaluated for her PIP and ESA awards. Almost like they wanted to remove her awards instantly because she had a little bit of money

ESA was ok, she got that, and the person doing the review was shocked that she'd been called in, as her last ESA assessment was 11 months before and she was in the long term support group.

But PIP came out to do an appointment in my mums bungalow. She told them all about the support she has, the fact it's bungalow for disabled people and people who are 65+ (she's only 60) who need support. So it's all adapted. The lady say 'ok' but never looked around. My mum stayed seating after initially answering the door cause it's hard to get up. 2 weeks later the report came back. She'd been turned down. Furthermore, the removal of this led to her enhanced disability rate of ESA being removed too. So she lost over £400 a month, losing enhanced rate PIP and this extra ESA portion which was a further £17 a week. She also now needs to pay council tax. So thats another £18 a month

Obviously, I helped her plan a budget. That little life line of money was going to help her keep going how she is used to, so we budgeted it. We were told 6 months for an appeal. But first two weeks for mandatory reconsideration. So we budgeted 9 months. Some things came up (broken appliances, and this cut the budget to 7 1/2)

Reconsideration took 7 weeks, then we had to appeal, and on Friday my mum phoned appeals to find out where she was in the process. Well, apparently they didn't lodge the appeal until April 24th, so she's only 17 weeks in, and is expected to wait 54-62 weeks. Obviously, this has just broken her. Because she is now really struggling. She doesn't live a lavish life, obviously. But she likes fresh food in the house all the time, as she enjoys cooking (with a bunch of aides) and needs to eat healthy and fresh due to her conditions. She goes to the gym 4 times a week for special Osteo lessons. She tries to go on day trips on a coach, ever few weeks so she can get out and socialise as the other women in her complex are much older than her and tend to not want to go out much.

She also has grandkids, and very young great grandkids who she tries to see. She uses her free bus pass for that, but will often need a taxi back as a day out doing something, even if just sitting around and holding a baby or walking around a town with someone else pushing a pram can leave her exhausted. The coach day trips are usually 3 hour trips out, where she sleeps on the coach on the way back for this reason.

But that's all she really does, and now she can't afford it at all because of the PIP being taken... which means no gym, so she's not getting her exercise. She cant buy as much fresh food, so she's doing a cheaper food shop but having more processed stuff. She's not able to go visit as often, because she had to bus and walk both ways, so she's left exhausted the entire day afterwards. This had lead to her needing to see a councillor (this all started getting to her at the end of July as her budgeted money was nearly out) due to low mood, her doctors have upped her medicine as shes been getting serious pains, and today she has been taken up the hospital after calling 111 because they're worried she was in the middle of a heart attack... thankfully it's not, an her pacemaker defibrilator has done its job

Now, when she phoned on Friday and was told about the length of the appeal, she was told "You can write to email address on your appeal form, and ask for an urgent appeal if your health is getting worse or if you feel you have good reason, but they're not often successful and it will still be a wait"

She said she would... except she's asked me to do it, and we've just looked through her entire appeal (which is 172 pages of information on her condition and past reports) and there's nothing! it doesn't mention urgent appeal anywhere, just tells us to contact the appeals team if we need help... and it's them who told us to send the email to an address we dont have!

Does anyone know what it is? as I'd really love to get this sent as soon as possible, as this 'heart attack' they suspected my mother was having stems from chest pains and flutters she's been feeling since Friday when she was told she still has 9 months to go without the benefit she's twice been told that it was ridiculous that she wasn't awarded. So at least getting this request sent will be something that may help feel a little more at ease.


Thanks for your help

Comments

  • I dont understand why the money had any effect on her PIP it shouldn't have made any difference, as for the email address I can only suggest telephoning them again on Tuesday to ask what it is.
  • poppy12345
    poppy12345 Posts: 17,939 Forumite
    First Anniversary First Post Name Dropper
    Do be aware also that any worsening of condition since the decision was made will not be taken into consideration. The Tribunal will only take into consideration what their condition was like at the time the decision was made.
  • Alice_Holt
    Alice_Holt Posts: 5,949 Forumite
    First Anniversary Name Dropper First Post
    edited 25 August 2019 at 11:31PM
    You can request an hearing at short notice, i.e you don't get the usual 14-21 day notice of the hearing date.
    However, if you request this you need to have your submission in promptly, and be fully prepared for the hearing, and to be able to attend a hearing at short (maybe 2/3 days) notice.
    Did you request this on the SSCS1 form?
    Is this what you mean by an urgent appeal?

    Another way of (possibly) shortening appeal timescales is to put together such a compelling submission that the DWP change their decision, and the hearing doesn't need to go ahead. It's not a common eventuality, but does (very) occasionally happen.
    However, if you are hoping the DWP will change their decision before a hearing, I would suggest your mother gets help with her appeal. (And getting help will greatly improve the chances of success at appeal, in any case).

    This bit of your post concerned me:
    "Now, when she phoned on Friday and was told about the length of the appeal, she was told "You can write to email address on your appeal form, and ask for an urgent appeal if your health is getting worse or if you feel you have good reason, but they're not often successful and it will still be a wait"
    As poppy has said the appeal concerns the state of health / abilities at the time of the DWP decision not to renew her PIP award; a worsening / new condition is a different scenario and could involve a new PIP claim (and if emphasised in her appeal paperwork could easily cause complications at the appeal hearing).
    Who was your mother speaking to?
    The DWP or HMCTS?

    As venison posted PIP is not a means-tested benefit. PIP would not have "wanted the proof again of what she bought." .

    I think your mother needs to understand more about PIP, and the appeal process before trying to short-cut the current timescales.
    It is the same for everybody, unfortunately the volume of appeals has led to these regrettably lengthy timescales.

    IMO it would be better for her get help with her current appeal, and make sure when her appeal is heard she presents the strongest case possible to show the tribunal panel that the latest DWP decision was incorrect in law.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • It was DWP who wanted to know about my the pension money, that was my mistake. It was just because of her ESA, but when they decided to retest her for ESA, for some reason that triggered a PIP assessment too. (this happened years back with a friends DLA too. But his DLA was put up for review, and it triggered an ESA review)

    WE're fully aware that new illnesses wont be taken into account, and that they have to look at what was the problem in relation to her condition at the time of the PIP application. Her condition getting worse is just why I want to get it sorted, and why the person on the phone told her to ask for an "urgent appeal" ... as they put it.

    She did request that she could have a short notice appeal too, yes. But thats not the urgent appeal apparently, she spoke to someone at DWP (it was a number she was given for appeals) and they said you can contact this email address and ask to be seen, and with good reason, they can move you up the list, or prioritise you for the short notice appeals... I've since found the email, as handily the woman my mother spoke to had sent her a text with the info, but she wasn't aware. it was ASCBirmingham@justice.gov.uk

    WE dont expect to get boosted ahead, I dont like the idea that you think this is just a short cut from an impatient woman who cant be bothered to wait (she is impatient though, in honesty) but I just want to try because she's really struggling financially now, and it's making her mental and physical health worse... She cant really start a new claim on the basis of "My condition is pretty much the same as my previous claim, but I'm suffering low moods and panic attacks cause my previous one was cancelled".

    She's been on PIP for over 5 years, we understand a lot of it, and are aware how it affects everyone... She's had to wait before too, but by the time she will be seen, it will this time have been 17 months (according to their time scale, it will be april/may next year). Much more than the 6-8 she was told. However, I must point out as this does not seem to have been clear. She did NOT call and ask for a short cut, or for her to be seen as more important than anyone. She called for an update, and was told how long it would be... she explained that she was struggling, and it was making her ill, and was told that emailing for an urgent appeal would be the best thing to do. She was told to do it. By the DWP. Just wanted to get that email so we could do what was suggested, if it helps... great. If it doesn't... no loss. But at least it's something.

    She already has a solid case, by the way, with full doctors and hospital reports to back it up, photos of the home, confirmation from her housing agents as to why she was put in the home she is in, reports from her physio, and her medicine history. Having requested previous appeal info as well, we also have her original application from years ago where she was given 0, before an appeal over ruled it for 11 points and gave it her for 3 years. Her current report practically mirrors it. This info is valid too, as it IS part of the same claim, and not any different or worsened condition. It's from the start, with a condition that is degenerative... so it was at her best. I'm fairly confident her defence is solid. Just need to get to that appeal.


    Thanks for your replies and advice.
  • poppy12345
    poppy12345 Posts: 17,939 Forumite
    First Anniversary First Post Name Dropper
    It seems like she was due a PIP review anyway and the ESA appeared at the same time. Perfectly normal and has happened to me too about 2/3 years ago. Both forms dropped through the door within 1 week of each other.


    I'm not sure why you're ringing DWP about the Tribunal. It should be HMCTS that you contact. It doesn't have anything to do with DWP at this point.



    Who told her it would be 6-8 weeks for the hearing date?
  • swingaloo
    swingaloo Posts: 2,743 Forumite
    First Anniversary Name Dropper First Post
    On what grounds is she expecting points to get PIP.

    Her condition itself doesn't qualify her for PIP, its about the help she needs cope with everyday living and basically from what you have put in her post it could be doubtful she would qualify.

    -She can walk round town.
    She can take the bus unaccompanied/unaided and 'walk both ways'
    She visits the gym and takes coach trips
    She can cook herself a meal.

    If she has told the assessor everything you have put in your post it would be odd if she hadn't been turned down for PIP.

    Living in adapted accommodation doesn't add any points to your claim, neither does being on a bagful of medication.

    Have you looked at the criteria and seen where she may be due points?
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