PIP appeal on Monday, feeling unsure

I'm looking for some reassurance

In February I was award standard rate care and no mobility. I suffer from degenerative disc disorder where a bone spur is touching my nerves, depression/anxiety/OCD, type 2 diabetes, fibromyalgia and ME. I'm also morbidly obese.

I appealed on several points - namely to get points on following a journey, budgeting decisions, reading signs, and walking distances.

I went through mandatory consideration and was turned down. I turned up at my tribunal about 6 weeks ago and the judge sent me away, she told me to get some professional advice as I risked losing points and possibly losing the ward altogether. Obviously I was alarmed and went to welfare rights.

When I went to welfare rights the lady had looked at my evidence and my appeal documents and said from her point of view I could only lose two points and as I already had 10 points I would still qualify for standard rate care. When I explained my reasons for the points I disputed she said I had a reasonable chance of success and even if I'm not successful with the mobility, I have a good chance of getting higher rate care. She said I came across as genuine and honest. She also mentioned that the judge I had was tough sometimes, and that the care expert on the panel his wife suffers from fibromyalgia so he "can be a bit funny about it" at times and that the other medical expert was not very compassionate. She said we may get different tribunal members next time...

So I left that meeting feeling good, and feeling confident and that I had nothing to lose for trying for this, albeit a bit apprehensive about the information about the judge and experts being a big tough at times.

Now I have got nearer to the hearing date (Monday) I remember how harsh the judge was with me the first time, and my husband has suggested I shouldn't go through with this as we'd lose what we've currently got. I'm really not sure what to do, on one hand I feel misunderstood by the dwp (a mental health nurse assessed me she didn't even know what fibromyalgia was) and I want to continue with the appeal, but I am absolutely terrified of losing my award, as we would lose the carers allowance that comes with it and it would leave us in a financial mess.

In my opinion you should not let the attitude of panel members put you off.

I'm not sure the judge was acting entirely properly in sending you away. I would complain about that if it was me.

As far as the hearing is concerned you must decide if you feel confident enough about your case. Your advisor sounds fair and balanced in her assessment. If you really cannot stand the loss of benefit and you feel this is a real possibility you must decide accordingly. Will the advisor accompany you? Can you get a second opinion? Have you used our guides all the way?
Ultimately only you can decide.
Best wishes whichever way you go.

Hi, thank you for your message

When we were waiting for the notice of adjournment, we overheard the judge arguing with the other experts in the room we came from - we assumed it was for this reason

on the DWP's defence statement, they have conceded to two points already

1. they consider it reasonable that I may need prompting to take medication or monitor a health condition

this is only a partial upgrade to the points I needed. I thought that I should get 4 points for supervision, prompting or assistance as I often under or overdose because I forget within minutes that I have taken my medication, and also sometimes I just give up because I get so depressed and hate the side effects of my medication and eat sugary things. Would this be sufficient grounds for 4 points on descriptor 3D?

2. PLANNING AND FOLLOWING A JOURNEY the DWP originally awarded me 0 points but are now saying its not unreasonable that I may need prompting to undertake most journeys due to anxiety (4 points) - there is a huge element of anxiety when going out but a lot of that anxiety is due to pain levels, not just social anxiety and hypervigilance. I hurt as soon as I start walking most days, and when my blood sugar levels are high or I've hardly slept or my fibromyalgia is flaring up. I don't go out anywhere at all alone my husband always accompanies me. I also could not use public transport due to anxiety, pain, walking too far or having to stand up.

I was hoping to get descriptor 11D - needs another person to undertake an unfamiliar journey (8 points)

As the DWP have stated that its not unreasonable that I could be awarded on these points, is it more likely to be the case during the tribunal? will the judge just look at it and say well the DWP have said its not unreasonable, therefore it should be awarded?