PIP APPEAL - HELP & ADVICE PLEASE

colinaled
colinaled Member Posts: 4
Hi

Hope someone here can give a bit of advice. My husband has a right knee, both hip and arm & fingers type arthritis, He is under the care of an orthopaedic surgeon who he was originally referred to for his knee, he informed him he has end stage degenerative arthritis in both hips and 'his hips were in a worse state than his knee' and that he needs hip replacement. His fingers swell up like 'fat sausages' he relies on steroid injections for his knee and he walks with a limp. He works as a lorry driver as he wants to remain independent as he is in his early fifties but has advised PIP that sometimes he has to request lighter duties or have his driver mate to take over . He is afraid to bring it to the attention of his employer too often as he may lose his job. He will get no sick pay when he needs the operation and he has been declined PIP twice due the the fact 'he works 50 hours as a lorry driver, thus needing grip' ( see above re lighter duties & driver mate) and that his pain is intermittent. He is unable to take his stronger painkillers during his working day as 'he shouldn't drive whilst taking them' so he is in constant pain and only able to take something like ibruprofen in low doses he takes his stronger ones for bed or on time off . His GP is writing a supporting letter, we previously enclosed copy X-ray and consultants letter, advised them that he is unable to do gardening/DIY and that our grown up children do this for him. He uses appliances to dress his lower body as he is unable to bend appropriately If i am not around to help him he has to wear slip on shoes as his is unable to bend to do laces. He took his painkillers before attending an assessment so that went against him, they informed him on his reconsideration that they obtained further evidence and when we asked for a copy of that they sent the assessors original report. Our understanding is his complaint will get worse not better. Is it worth him appealing as despite all the information and evidence they make him feel that he is indeed a fraud?

Comments

  • moderator
    moderator Moderator Posts: 4,082
    edited 30. Nov -1, 00:00
    Hi,

    Welcome to the forum, getting PIP isn't as easy as it might be. This link is to the PIP advice from Arthritis Care

    https://www.arthritiscare.org.uk/assets/000/001/229/Personal_Independence_Payment_factsheet_2015_original.pdf?1446046059

    It helps if you are really specific, rather than 'sometimes' say every day or 5 days out of 7.

    At the end of the Factsheet there are links for getting extra help, including from Arthritis Care, the phone no. is 0808 8004050

    Take care
    Yvonne x
  • tkachev
    tkachev Member Posts: 8,332
    edited 30. Nov -1, 00:00
    The MR is rarely successful so it is always worth appealing onto the tribunal stage.

    Remember it is not the diagnosis that is the issue but how much help he needs with washing dressing, cooking, walking etc.(not gardening and DIY)-the things mentioned on the forms. If he is finding it hard at work then he would need to get evidence from his employer about how often a co-worker needs to take over from him.

    If he can do the any of the above with or without aids then he won't score the required points.

    Good luck.
  • colinaled
    colinaled Member Posts: 4
    edited 30. Nov -1, 00:00
    Thank you both will give the appeal a go
  • princess777
    princess777 Member Posts: 1
    edited 30. Nov -1, 00:00
    hi im appealing to the courts about pip .. i did have a hearing on the 12th of june 2017 then my solictor back out and the courts rang me saying my hearing has been ajourned for 6 weeks because they needed mecial reports from my doctors which from the being of august they have got them because they send me a copy well i let them know i suffer with depression and anxitey and ve also suffer with ibs and join pains but just in the past few months i been having really bad pain in my feet which i cont walk that well so i have been to my doctors and they have done tests and just today i found out its arthritis and im really panicing now with everything whats going on i just would like to know if i should let the courts know by letter or phone call that i now suffer with arthritis ... and ill be attending this hearing by myself
  • moderator
    moderator Moderator Posts: 4,082
    edited 30. Nov -1, 00:00
    Hello Princess77 and welcome to the forums from the moderation team.

    You do seem to have a lot going on, but have come to the right place for support from people who understand.

    We have a great community here, who have lots of experience of arthritis who I know will make you very welcome and help in any way they can.

    The post above gives some useful links I will repeat them here incase they of help:
    https://www.arthritiscare.org.uk/do-i-have-arthritis/publications/232-if-you-are-unhappy-with-the-decision-regarding-your-benefit

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/your-hearing/

    Personally I tend to always put important information in writing. Have you considered seeing whether CAB can advise regarding you having to attend the hearing alone?

    As moderators we are here to help with any problems you have using the forums. Feel free to contact us if you need our help.

    Best of luck please do let us know how you get on

    Ellen.
  • colinaled
    colinaled Member Posts: 4
    edited 30. Nov -1, 00:00
    Hi everyone one. Thought I would just stop by and tell you my appeal was successful A bit about the hearing - the judge & Gp were very sympathetic & understanding but the hatchet faced woman who was apparently some sort of expert in disabled claims was absolutely vile. My wife had to address her on 2 occasions to try and discover what she was trying to prove as she was so intent on trying to catch me out Absolutely shocking treatment. After the hearing I was approached by someone from the DWP who asked if I had any questions so I ask d who I reported this vile unprofessional excuse for a human being to and the DWP informed me she was nothing to do with them and they thought she was disgusting too. My advice would be to take a CAB advisor or similar as they know what to expect. I'm pretty sure this 🐷 had absolutely no right to treat me as she did
  • Joanna
    Joanna Member Posts: 8
    edited 30. Nov -1, 00:00
    Tribunal is not nearly as bad as I thought it would be. I had a Judge, Doctor, Care worker/assessor and a rep from DWP. I was questioned for aaaages, but the Judge was kind, allowed me to talk, explain everything in my own way. I then waited around 15-20 minutes for the result.

    I was on DLA High/high for PIP I was awarded Care 6 Mobility 4 so no award at all. Tribunal awarded C 13 M 16 enhanced on both. My backdated money landed in my account last week, for the first time I realised it was all worth it.

    Don't give up, that't your money they are keeping from you.

    Best wishes - Joanna

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