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Thread: Pip claim and tribunal

  1. #1
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    Pip claim and tribunal

    I hope someone is able to offer some advice, I did ask on another forum but to be honest it descended into an argument between members and a pm asking me for a donation to take on injustice

    My story is long and varied and then again so is my claim for pip, fifteen months so far. My mandatory reconsideration has been turned down and I'm not sure if it's even worth going to tribunal. I thought I wrote a good mandatory reconsideration letter but obviously not. The mandatory reconsideration changed nothing but just basically agreed with the original decision which in turn agreed with Atos's report.
    I'm not sure what else you would need to know so please feel free to ask, any advice gratefully received.
    Thank you.

  2. #2
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    Hi and welcome
    It is not unusual for an MR to change nothing. An appeal to the tribunal will look at your claim impartially from the start so it is worth doing for sure.
    Feel free to post your full story as we may be able to give better advice.
    Have you asked for a copy of the report ?
    Your main aim is to prove that you meet the criteria for an award.
    You will need form SSSC1 to start your appeal which you can download.
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  3. #3
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    Hi David, thanks for the reply.

    I have a copy of the Health assessors report. In my first decision I was awarded 4 points for daily living and 4 points mobility, this remains unchanged.
    I have been unwell for around six years. Symptoms include pain, dizziness, nausea and some loss of consciousness (not often though). I have had many tests, brain scans, angiograms etc but none showed anything that would explain these symptoms. A few weeks ago I was referred to a neurological psychiatrist to help manage the pain, he has actually wrote to my neurologist and diagnosed something called somatoform disorder. I had never heard of it but it is basically a psychological disorder that means even though the symptoms are real there is no medical cause. I sent the diagnosis into the DWP for the reconsideration and this changed nothing.
    When I am in pain or dizzy I just lay down as the all I'm able to do, the pain is very debilitating as well as the dizziness.
    If there's anything else that would be helpful to know then please ask.
    Thanks again

  4. #4
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    Just to add that I'm not sure how I can prove that I do qualify, as ultimately it is down to how I say it affects me. Not sure how I can prove it to be honest.

  5. #5
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    Quote Originally Posted by justme2017 View Post
    I hope someone is able to offer some advice, I did ask on another forum but to be honest it descended into an argument between members and a pm asking me for a donation to take on injustice

    My story is long and varied and then again so is my claim for pip, fifteen months so far. My mandatory reconsideration has been turned down and I'm not sure if it's even worth going to tribunal. I thought I wrote a good mandatory reconsideration letter but obviously not. The mandatory reconsideration changed nothing but just basically agreed with the original decision which in turn agreed with Atos's report.
    I'm not sure what else you would need to know so please feel free to ask, any advice gratefully received.
    Thank you.
    Hi sorry to say this, but we are all in the same boat I'm afraid, sounds like you are writing about me, with the assessors report and DWP agreeing with each other. Mine has been going eight months. I had all this four years ago from Atos too.
    Just got to hold on in there and keep going with it, get some help with it if you can.

  6. #6
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    Psychological disorders are the most challenging to prove and I am sure that some of our members will be able to give you some pointers.
    With conditions that vary, you need to show that you are affected for the majority of time. Try keeping a diary may help.
    Apply the following to each of the descriptors to help explain what happens

    Reliability is the most important PIP word

    • Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
    • To a necessary and acceptable standard – given the nature of the activity.
    • Repeatedly – as often as is reasonably required.
    • In a reasonable time period no more than twice as long as a person without a physical or mental health condition would take to carry out the activity.
    Although you should appeal the decision you have, you should also consider starting a new claim. The tribunal will only consider your condition at the time of your claim so your recent diagnosis may not be taken into account unless you can get evidence that this was the case .

    If you can try to get help from CAB, welfare rights or any other organisation that deals with your condition
    Last edited by David69; 07-24-2017 at 03:58 PM.
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  7. #7
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    Quote Originally Posted by David69 View Post
    Psychological disorders are the most challenging to prove and I am sure that some of our members will be able to give you some pointers.
    With conditions that vary, you need to show that you are affected for the majority of time. Try keeping a diary may help.
    Apply the following to each of the descriptors to help explain what happens

    Reliability is the most important PIP word

    • Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
    • To a necessary and acceptable standard – given the nature of the activity.
    • Repeatedly – as often as is reasonably required.
    • In a reasonable time period no more than twice as long as a person without a physical or mental health condition would take to carry out the activity.
    Although you should appeal the decision you have, you should also consider starting a new claim. The tribunal will only consider your condition at the time of your claim so your recent diagnosis may not be taken into account unless you can get evidence that this was the case .

    If you can try to get help from CAB, welfare rights or any other organisation that deals with your condition
    Thanks once again.
    Well my condition has been the same for six years. My GP will not help though as he is adamant that someone should contact him, he did write me a two line letter though after some cajoling. It's actually difficult to prove what I say is true, unless they were actually in my house then they would not know. I do have a six year history of hospital appointments, tests and A+E visits. I'm still not convinced by this recent diagnosis but that's because he only saw me for an hour and has seemingly discovered what six years of different specialists could not.
    Sometimes I am as fit as anyone and then the next minute I can be in very bad pain and so dizzy I feel like I'm extremely intoxicated. It really is annoying keep having to explain and go through different things with the DWP and Atos, I know we have to but they don't make it easy to explain.
    I have tried to get citizens advice bureau help but around here that is virtually impossible.
    I really do appreciate all help and comments.

  8. #8
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    Hello justme2017

    I would echo the keeping of a diary, noting your daily routine of when you are affected and more importantly how this impacts your ability to carry out any of the descriptors compared to when you are not affected and are feeling well. It is after all scoring points for these descriptors that will award you any level of PIP.

    Over 60% of PIP cases that are taken on to a tribunal lead to an award, so it's well worth seeing it through to the very end. I, was eventually awarded PIP at a tribunal, so I know how difficult it can feel to carry on.

    Good luck.

  9. #9
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    You have nothing to lose by appealing the DWP decision. I & many others believe the DWP turn down PIP claims in the knowledge that not everyone will fight back.
    Fight them all the way.
    Last edited by gus607; 07-24-2017 at 08:10 PM.
    Call me Mike.

  10. #10
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    Can you get hold of copies of your medical notes, that might be helpful, you're entitled to see them.

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