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PIP appeal

emmaadamsemmaadams Posts: 140
hi all i have finally had my reply to having my PIP application re-assessed .. its exactly the same as the first letter 4 points for daily living and 4 points or motability .. i now have to go to the Appeals stage/Tribunal .

does anyone have any help or advise on how to do this bit ? it says that i have to personally write to the Courts to apply for it .. i have NEVER had to go to court let alone write to them .. i am a bit apprehensive and im even beginning to question weather it is worth progressing it further ... yes i have had some good days. in fact i have had a few good weeks.. up until the other day .. it is on my good days i question weather or not its worth progressing but then i have a bad day and i realise that i do need the Help ...

do i need a solicitor? do i have to go to court ? what kinds of letters ect do i need to take with me if i do have to go ect ..

i feel physically sick just thinking about it all ...

any and all advice is welcomed

Thank you
Emma xx

Comments

  • premierscfc04premierscfc04 Posts: 57
    edited 30. Nov -1, 00:00
    I think your best option is to speak to Citizen Advice and/or a disability resource center.

    I can totally understand your remark
    i feel physically sick just thinking about it all ...
    as I would be exactly the same in your position.

    Good Luck and I hope you are successful!
  • GracefullyGracefully Posts: 20
    edited 30. Nov -1, 00:00
    These links may be helpful

    http://www.disabilityrightsuk.org/personal-independence-payment-pip

    http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-claims

    There are more out there - it's a question of how long you have to search for help especially in your area.

    As well as Citizens Advice as already mentioned, plus if you're 60+ contact Age UK

    You may find it helpful to see what other help you can get to assess your needs such as an occupational therapist as it may well be that your medical records are simply not enough to explain how your condition actually affects you on a daily basis.

    And just to add, I too know exactly how you feel having been messed about by Atos something horrendous and the stress just adds to the worsening of any condition.

    Hope this helps and know that these forums are a wonderful source of support and help.
  • SJ66SJ66 Posts: 5
    edited 30. Nov -1, 00:00
    Hi, don't be scared of the appeal process, but do be prepared for it to take time. You can do it all online and just use your PIP application as back-up at this stage. You'll get the opportunity to send on anything else that might help your case, such as new medical reports or X-ray results as you get them. Believe me, don't trust that the DWP will have looked at these even if you gave contact details for every consultant & GP!
    I was told I could appeal and also make a 2nd claim as in my reconsideration request I'd explained that I thought the assessor had judged me falsely because I still had the after-effects of a cortisone shot masking the severity of my symptoms and a month later it had worn off completely so my pain was still increasing. They responded that 'deterioration couldn't be considered' so I had to reapply all over again. I wasn't going to appeal as well but in the end I did and I'm glad, because in the papers they sent me a medical report (that the DWP had used to assess my needs) which was actually written 18mths before I even considered claiming PIP!! My 2nd application was more successful & I got awarded standard daily living but still no mobility despite needing crutches to walk anywhere. That was all back at the end of August, & I have only just been given a date for my appeal hearing, at the end of Feb! I've tried contacting local disability groups for assistance with the procedure but got told they're too busy so only taking on new cases applying for PIP from scratch. I work for my local authority & can't even get any support through them :( (I'm under 50 so just keep getting told 'oh you're too young to have arthritis!', try telling that to my worn out hips that even my surgeon has said its so severe THR is my only option!). I have since seen my surgeon's latest report (my GP gave me a copy to help with my appeal) and have sent that on to the tribunal to show that the DWP had acted on out of date medical information. I've only ever been to court myself once b4, about 20yrs ago for a car insurance claim, so I'm a little bit scared of standing up to defend myself. But, at the end of the day, I haven't lied about my condition so the tribunal staff (who are independent of the DWP and Capita) will at least get to witness how much difficulty I have just walking and sitting/getting up, etc. I now have a friend that can go with me and she has acted as an advocate in similar circumstances before, so now I just want to get it over with.After all, the worst thing that can happen is the tribunal decides the DWP were right & I don't get anymore money, in which case I will just reapply all over again on the basis that my condition is worse now than 6mths ago and isn't going to get better until I have 2 new hips! Good luck xx
  • SloshSlosh Posts: 3,194
    edited 30. Nov -1, 00:00
    Don't count on the use of crutches meaning you will get points for mobility. I was originally not given any points for this despite using two crutches and having been awarded a blue badge by my local authority after a mobility assessment and on appeal I was awarded 4 points.
    As it was an out of time appeal, I got support from my MP (a certain Mr IDS), to get it accepted and then I started the unplanned intervention process, basically applying for a reappraisal due to changes in my circumstances. I had to fill in another form, I sent it off at the start of December and have my assessment on Tuesday.
    He did not say you will not be storm tossed, you will not be sore distressed, you will not be work weary. He said you will not be overcome.
    Julian of Norwich
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