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P.I.P declined...advice please!

  • MARGARET EVANS
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9 years 3 months ago - 9 years 3 months ago #128525 by MARGARET EVANS
P.I.P declined...advice please! was created by MARGARET EVANS
Hello,I am new to the forum and I'll try to condense my story if I can.I was 61 and in Dec 2011 I was diagnosed with lung cancer which turned out to be a misdiagnosis,from Jan 12 to March 12 I had a series of tests for biopsies,in the March I was admitted to a Cardio-Thoracic ward for a thoroscopy and was in HDU for 7 days..the result came back and it was B-Cell Non Hodgkins Lymphoma,which is a blood cancer,I had a period of recovery before they started chemo,I received chemotherapy but it wasn't working as they'd hoped so was put forward as a candidate for a stem cell transplant,it was a long battle to get to that point and after aggressive high-dose chemo which wiped out my immune system completely,in isolation for 3 weeks,I had my transplant the end of Jan 13,it was a long battle to build myself up after the transplant and although I'm truly grateful to be alive and in remission (2 years) there is a price to be paid and there are several long term side effects to contend with,also diagnosed now..

I have been in receipt of DLA since I was ill and in November received the PIP reminder letter that I would need to re-apply as DLA is ending Feb 15,I rang them to start the process immediately,a lady asked me several questions and said she would send the main form,I filled that in as soon as it arrived,I had a phone call which lasted 30 mins in late Nov...asking pretty much the same questions as before...I received a letter telling me I had a face to face assessment with Capita in Swansea on Dec 5th in the pm,I rang to change this apptmnt as I really struggle with fatigue in the pms,I had a 10am apptmnt through the post for the same day,my daughter took me and they had no record of me at all having an apptmnt that day but they said they would accommodate me.

The assessor did not want to veer off the test on his iPad and when I elaborated on certain areas,such as bathing (as I have to have my daughter in the house to help me in) and cooking issues plus mobility he said he'd go back to it later which never happened,I have several issues going on as a result of the chemo I had which are long term effects but I don't feel he listened to me at all...

I did the self assessment test and also my daughter tested me and I was being quite strict with the answers and I thought I scored 11 but the decision letter came and I'd been scored 0 on everything...my current problems in remission,my osteoarthritis,my prolapse were totally ignored I felt,rang last Thursday for HP/GP reports and rang again same day for mandatory reconsideration which I got within the hour and didn't feel at all prepared for it,as advised I've put it in writing and will post today.....

I understand on what I've described it would be a bit difficult to make a judgement but does anyone think I've got a case to make to take it further...

I'm questioning if I have the energy or emotion to deal with this as I get very tired every afternoon...

sorry that I've waffled on...I really don't know if I'm making the right decision to put myself through the ordeal.

Any advice would be welcomed.Thank you for reading.
Last edit: 9 years 3 months ago by bro58. Reason: Tick.

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9 years 3 months ago #128560 by Gordon
Replied by Gordon on topic P.I.P declined...advice please!
ME

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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I am afraid we are not really in a position to advise whether you should appeal this Decision or not, only you have a proper appreciation of your problems. I can warn that it can be quite stressful and will require you to put some effort into the process if you are to stand any chance of success.

One thing that stands out from your post is that you talk about your conditions rather than the limitations that result from them, PIP only looks at your limitations, so a good place to start would be for you to look through our PIP Claim guide to see whether you can explain your self better than you may have done on the form.

www.benefitsandwork.co.uk/help-for-claimants/pip

This link also has our PIP MR & Appeal guide that explains the process of challenging the Decision in more detail.

If you have any further question then please 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
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  • MARGARET EVANS
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9 years 3 months ago #128644 by MARGARET EVANS
Replied by MARGARET EVANS on topic P.I.P declined...advice please!
I received the assessor's report today and wondered where the GP's report was as I had requested it at the same time...so I rang DWP and I was informed that Capita had written to my hospital for the consultant's report but didn't include his name just the unit I had been treated/and currently have clinic apptments in so the hospital sent it back blank and said they didn't know which consultant it was meant to go to...the DWP worker put the blame squarely with the hospital as she told me that it had been easy enough to access my details herself so why couldn't the hospital have done it,I said it's because the hospital have 1000s to deal with and I had provided the consultant haematologist's name/phone number/address...I asked could they re-apply for a new report and she told me the onus was on me now....very shirty attitude...as for the HP's assessment...it is full of inconsistencies/and in some places total fabrication...it's an absolute joke !

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9 years 3 months ago #128648 by Gordon
Replied by Gordon on topic P.I.P declined...advice please!
Maggie

I am afraid the DWP are under no obligation to seek further evidence in regard to your claim now that they have made a Decision, it is down to you to show that you meet the criteria, so your primary aim is to show that you meet the criteria and that this is supported by your evidence, a secondary goal should be to show that the assessors conclusions on their report are in error.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • MARGARET EVANS
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9 years 3 months ago #129104 by MARGARET EVANS
Replied by MARGARET EVANS on topic P.I.P declined...advice please!
Hello again,Just one further question if anyone can answer,please.As stated in previous post I followed that call up with another to ask how much of a time limit I had to send in extra evidence/information as last week my GP had sent me for an ECG because I'm suffering with breathlessness/continuous palpitations,has diagnosed angina and now I'm on betablockers...the stress of this is not helping that's for sure.I digress...I rang last Friday (30/1) to ask my question as I updated them and said my GP would write a letter so what was the time limit for sending in extra info for the mandatory reconsideration,I was told there was no time limit,I was asked how long would my GP take,I said I did not want to hassle him,he reiterated there was no time limit.On Sat (1 Feb)I received the letter that the appeal had been declined...was that fair after I'd had that conversation ?.....Why could they not have waited for the doctor's letter after stating no time limit ? I was stunned to receive that letter,I feel I was robbed of the chance to present more info....Would that have been the norm ?....Appointment with Citizen's Advice this morning.

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9 years 3 months ago #129120 by Gordon
Replied by Gordon on topic P.I.P declined...advice please!
Maggie

The DWP should allow four weeks from the date when you requested the MR to submit further information, you need to inform them that you are doing this. In practice the period is likely to be longer as MRs are taking far longer to actually be decided.

I am afraid you cannot take the information provided by the call centres staff as being accurate, I am afraid this is another case, where the info provided was fundamentally wrong, also, they have no authority to make decisions affecting your claim, nothing they say is binding on the DWP unless it is confirmed in writing.

You can present the new information as part of an appeal, you do need to make sure that it is clear that it is in regard to a condition that you were suffering from at the time that you were assessed, and that it does not reflect a deterioration since then, or you risk it not being taken into account. It is possible that the DWP will revisit your claim as a result of this information but it is more likely that they will not now do this until immediately before any Tribunal hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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