- Posts: 23
× Members
Failure to ask gp for correct info
- Suz
- Topic Author
- Offline
Less More
9 years 4 months ago - 9 years 4 months ago #127477 by Suz
Pip appeal was created by Suz
Hello all, I'm gona try and keep this simple, I was on high mobility and care dla, when I had to apply for pip I was awarded standard mobility only. I put in for a mandatory reconsideration and have now been awarded enhanced mobility but only scored 7 for daily living. I'm so frustrated, without help of others I would be housebound, at the time I put in for my reconsideration I was still awaiting ct and MRI results, the results came through the 27th November and I need another urgent spinal op, I need a 360 degree spinal fusion, my bottom of my spine is moving and unstable. I phoned and told them this but I don't think they have taken this into consideration. I have already had my pre op and my op will be early January. How am I supposed to manage after my op without no care? Do you think I should go straight to appeal or should I ring them and explain I'm getting worse by the day and I'm needing more help by the day?
I'm so frustrated why can't these people understand the severity of my condition and how it effects me daily. I'm so upset I want to scream and tell them to come and see me. I have had no pip assesment either.... Help please.
I'm so frustrated why can't these people understand the severity of my condition and how it effects me daily. I'm so upset I want to scream and tell them to come and see me. I have had no pip assesment either.... Help please.
Last edit: 9 years 4 months ago by . Reason: Tick.
The following user(s) said Thank You: mrs osteo
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
9 years 4 months ago #127480 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip appeal
Suz
You can certainly appeal the Decision to only award 7 points but you cannot do so on your condition as it is now, only as it was at the time that the Decision was made, any deterioration that has occurred since cannot be considered by a Tribunal, also, you must have suffered any deterioration for three months and be reasonably expected to continue for a further nine months, before it can be considered in regard to a PIP claim (see below).
You should have received a Mandatory Decision Notice with the changed award, you need to send this with a completed SSCS1 form to the Tribunal Service, once the appeal is accepted the DWP will prepare their case and then a copy of this with all of the documents used in the Decision will be sent to you, you will have one month from the date of the letter accompanying this information to prepare your own case and submit it to the Tribunal Service, it may be longer but hearings are now being heard quite quickly.
Once you can show that your deteriorated condition has existed for three months, you can notify the DWP of a Change of Circumstances and ask to be re-assessed, you'll need to complete a new PIP2 form and will likely be re-assessed. You can do this in parallel to any appeal but you should be aware that any new Decision made by the DWP will supersede any result from a Tribunal.
If you need more information on the above then reply to this post and we will do our best to help.
Gordon
You can certainly appeal the Decision to only award 7 points but you cannot do so on your condition as it is now, only as it was at the time that the Decision was made, any deterioration that has occurred since cannot be considered by a Tribunal, also, you must have suffered any deterioration for three months and be reasonably expected to continue for a further nine months, before it can be considered in regard to a PIP claim (see below).
You should have received a Mandatory Decision Notice with the changed award, you need to send this with a completed SSCS1 form to the Tribunal Service, once the appeal is accepted the DWP will prepare their case and then a copy of this with all of the documents used in the Decision will be sent to you, you will have one month from the date of the letter accompanying this information to prepare your own case and submit it to the Tribunal Service, it may be longer but hearings are now being heard quite quickly.
Once you can show that your deteriorated condition has existed for three months, you can notify the DWP of a Change of Circumstances and ask to be re-assessed, you'll need to complete a new PIP2 form and will likely be re-assessed. You can do this in parallel to any appeal but you should be aware that any new Decision made by the DWP will supersede any result from a Tribunal.
If you need more information on the above then reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Suz
Please Log in or Create an account to join the conversation.
- Rubyred
9 years 4 months ago #127498 by Rubyred
Replied by Rubyred on topic Pip appeal
Apart from your award for enhanced care rate, you could be entitled to care support from your local Social Services, this is means tested and depends on your finances. But after an op like youre having you will need someone to support you with daily living activities, worth a try, speak to hospital Social Worker, good luck.
Please Log in or Create an account to join the conversation.
- Suz
- Topic Author
- Offline
Less More
- Posts: 23
9 years 4 months ago #127565 by Suz
Replied by Suz on topic Failure to ask gp for correct info
Hi again, I'm so sorry for being a pain. I had my MR paperwork back and I have gone from standard mobility to enhanced mobility but still 1 point short for care component. I have just spoken to the gp and he said the DWP called him for information and clarity on my mobility but they haven't asked any questions concerning my cognitive impairment. The gp is giving a letter to confirm they haven't asked that and confirming that I have been back and for GOP with stress depression and anxiety caused by my condition. In my MR decission they claim they couldn't award any points for difficulty facing people, my husband controlling my meds as I have been double dosing forgetting that I had taken them, difficulty in communicating verbally on the telephone and sheer upset and stress when I need to go out as I can not handle confrontation from others regarding my disability. Do you think I should go straight to appeal?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
9 years 4 months ago #127566 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip appeal
Suz
I am afraid that you are the only person who can decide whether to appeal or not, however, if you think that you should be awarded the PIP Daily Living component, then appealing is the next stage in the process.
If you do decide to then see my previous post and our PIP MR and Appeal guide.
Gordon
I am afraid that you are the only person who can decide whether to appeal or not, however, if you think that you should be awarded the PIP Daily Living component, then appealing is the next stage in the process.
If you do decide to then see my previous post and our PIP MR and Appeal guide.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris