PIP Payment while waiting for appeal

Was receiving the higher rate care component and lower mobility of DLA. Just had the result from my PIP compulsory application and was refused. Not scoring any points at all.

I have two major problems. I am diabetic with very poor control. My body is insulin resistant. Also I have an allergy to an unknown substance which causes me to go into anaphylactic shock with no notice. If I do not take my adrenalin quickly enough I would collapse and probably die.

The diabetes is not controlled and often I either go Hypo or Hyper. When Hyper the first signs are that I get angry very quickly and start arguments etc. Next I appear to observers that I am drunk and then I fall into a coma. When hypo I get very drowsy but not know why then I fall into a coma. This causes problems when I am outside. I usually always have someone with me to explain to people that I am not drunk and just sick.

The allergy is worse. It can come on with no warning. My throat instantly swells up, my tongue is sucked down my throat and I cannot breath. If this happens when I am drinking or swallowing food I also choke. I have only a few seconds to administer the injection or I would die. Many times I panic so much I cannot do myself so I have someone with me all the time to make sure I am OK. I cannot predict when the attacks will occur. They could be when in the bath, or cooking or crossing the road. Anytime at all. I removed my bath for safety reasons and now only have a shower.

I tried to explain on the form and at the assessment that although I could physically do the descriptors it was unsafe for me to do them alone. But as I said, I ended up with 0 points.

The nurse who examined me said the PIP system was unfair. She had multiple sclerosis but she was only incapacitated part of the time. Other times she could help herself. She was also refused PIP!

I am just about to request a review. Please can any one help with how I could word these problems so I can fit into the PIP rules. I had no problem with DLA. They accepted I need supervision day and night.

Thanks
Chris

Hi

I would be extremely wary of being assessed by someone who has been refused the benefit since this could prejudice their assessments.
It seems like a conflict of interests to me? Certainly by telling you this personal information about herself seems suspect and unprofessional since it has nothing to do with your assessment by her.
When preparing your submission for MR you need to go through the assessors report and see what she hasv written. You can then note where you disagree with her comments and challenge them. If you haven't got the report yet or haven't asked for it do this immediately. You can ring and then put it in writing to be sure they have it.
You should also read through our guide to appeals in the members area. If you didn't use our guide when claiming read the claim guide too as it may help you identify where you didn't put enough information or get enough evidence and you can rectify this on the appeal submission.
Please also keep in mind its not your health that is being assessed, its how your health affects you when carrying out the activities.

I am a little confused about the rules regarding paying benefit while waiting for the appeal to be heard/decided.

I know if you loose PIP the benefit is stopped instantly. You then need to ask for a review. During this time the benefit is still stopped. But what happens if the review decides you are still not entitled to PIP so you put in an appeal. I have been told that while waiting for the result of the appeal you still receive the PIP.

If this is the case is the PIP automatically put back into payment? and if it is what happens for the period from loosing the benefit to waiting for the result of the mandatory reconsideration and submitting the appeal. Is the PIP backdated to the date it was stopped or is that period just lost?

Chris

Hi Chris,

I have merged your query with the previous topic dealing with your PIP refusal. It helps us enormously when everything relating to the same subject is kept in one place.

I'm afraid PIP will not be paid until and unless a decision is made in your favour. It would then be backdated to the day after payment stopped, so you would not lose any money in the long-term (I appreciate that it might wlll cause hardship in the short-term!).

If you have further questions or comments relating to your PIP claim, please reply to this message and we will do our best to help. You will find it easily if you bookmark/favourite it on your web browser now

OK thanks. Now I have to start preparing my appeal. Looking through some of the case law I think I stand very little chance!

I was hoping it would be backdated to the time I asked for a review because I do not know how long the review normally takes but in my case I requested it in early January and despite many phone calls I only received the result today (July 12th)! Seven months! Is this a record?
Chris