PIP - Tribunal Or Not?

Hi everyone.

I was diagnosed with Chronic Fatigue Syndrome in August.

I was originally awarded standard care but no mobility in early October, despite not being able to walk without a crutch. I am also a blue badge holder (after having to prove to my council that I fulfil the case for standard mobility component).

Any type of walking causes me severe pain, and very severe fatigue for the rest of that day and ptentially the next day or two. The assessor said I can walk 50m up to 200m perfectly fine with slight fatigue and no discomfort!

She did not take the pain element of my condition into account at all, for any of the activities (including the care components which I also appealed on regards the pain element), and said I only have slight fatigue (understatement of the century).

She also said I could walk around a large supermarket perfectly fine (I actually said I struggled, would need to stop and take a rest, and often need to sit on the floor. I even put this in my diary that I sent with my original application as it happened in the week leading up to the application).

I appealed as a mandatory reconsideration, as I believe I should be on enhanced as I cannot walk at all without excruciating pain. However the scores came back exactly the same as before.

There are also other things.

My condition causes me to have quite bad memory lapses when I suffer from my fatigue.

One case is in a morning when I wake up and need to take my medication. Nearly every day I forget to take it or forget I have already taken it and so my wife has to supervise me on this. The assessor put down that I told her this happens on average two days out of seven. This is made up as I clearly said to her it happens on the majority of days each week, especially during the week when my fatigue is at its worse due to work etc.

They say I displayed good memory recall. The assessment was at 9.30 in the morning on a weekday. As I explained to her my fatigue is worse when I first wake up and from 1pm onwards until I sleep, with it getting worse as the day progresses, which is why my works Occupational Health team have made it so I can no longer work in the afternoons (the letter she had a copy of and had read before I entered the room). No mention of this is made in either of the reports. If I had my assessment in the afternoon the report would tell a completely different story, which I find very unfair really.

Regarding planning and following journeys, the assessor stated in the reconsideration report I told her I drive to and from work. I don't know where she got this from as myself and my wife work for the same company in the same building and she drives us to work and brings me home on her lunch break, which I told the assessor.

The assessor also stated in the reconsideration report that I said I drive to the supermarket weekly. Again this is false as I never do that and my wife does this every single week and this was not even discussed at the assessment.

I am just wondering if there is any point in me taking it to a tribunal when the case workers are putting down false things? How can I prove that the case worker has been dishonest with what they have put down, or at least misleading with the truth?

One more thing, the pain element, which the assessor completely ignored, has since been diagnosed as Fibromyalgia. Would I be able to present this in my appeal if I do go ahead with it as it is still technically the same condition (it was just thought at that time that it was all CFS and now it is CFS and FMS)? The DWP have since been informed that I have CFS and FMS.

Sorry for the long post.

hello.,
hope you dont mind me msg you , i wouldnt read much into what the HA put in report , it seems this happens far too often in there reports ,i myself had my report as it was as if they were talking about someone else as nothing i said made a difference they made there own observation up , ive taken it as far as a appeal ,and mine on the 9th nov ,, ive gatherd as much evidence a i wa able to , had a copy of my medical report ,there is a cost but it worth it as all your medical history is on there ,,gather as much evidence as you can even having family members that help and support you and see how your illness affects you daily all helps, going to a tribunal you have them look at your claim from scratch and there will be a dr and disabiltiy person there plus a judge ,, dont let the report dishearten you from going to tribunal,.i felt the sme in begining but having spoken to others going and been through the same its worth going for it , or there is of course another option to make a new claim for pip again ,but then you have to start the process from scratch again ,, this is why i thought sod it ime going to appeal,got this far might as well see it through , good luck on whatever your decsion will be hope your succesfull ,
alison,

Hi Carl,

Just to let you know I also have CFS (amongst other conditions and issues) and have also recently had an ATOS assessment for PIP.

It is interesting to see several aspects of your experiences very much mirrored in my own case. The PIP decision is just unbelievable with nearly all the evidence being ignored.

For example, no account has been taken of pain and fatigue. Despite indisputable evidence to the contrary, the decision letter states I have "...no recorded mental health problems...".

I am now in the process of trying to obtain help with compiling a request for the Mandatory Recon. My understanding is that the current success rate is only 11% (a former benefits colleague has given me this figure), so don't be surprised if the MR is unsuccessful.

I'm going to be writing a separate post because there is specific info I need and I don't think it would help to attach it to your own thread.

I wish you the very best of luck.

Gordon wrote: CB

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A Tribunal panel will look at your claim from scratch, they take a far more balanced view of the evidence and there will be a doctor on the panel, the DWP Decision Maker is not medically trained and as a result places great emphasis on the assessment report.

The success rate at appeal is more than 60% whereas it is probably less than 5% at MR.

Have a look at the PIP MR & Appeal guide for links to the SSCS1 form that you will need to complete in order to request an appeal, the guide also has instructions on how to complete it. You do not need to provide detailed reasons at this this.

The Tribunal panel will make a award based on whether you meet the criteria for one, so your primary goal is to explain why you should score points, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to make sure that you have shown that you meet the legal definitions.

There are several issues that stand out from your post that you will undoubtedly be questioned about by the Tribunal panel and that you need to explain how you manage in detail. You say that you walk around a Supermarket, even if you struggle to do this, it would suggest that you can a considerable distance.

Secondly you work, albeit part time. PIP is not an income replacement benefit so it should not matter whether you work or not, but I would be very surprised if the panel do not spend considerable time asking how you manage this and still have the limitations that you have included on the PIP2.

Gordon

Hi Gordon,

Regarding the supermarket, I walk round it on my crutch or by holding the trolley, in a lot of pain, needing to stop to take breathers, often on the floor as I get very dizzy due to fatigue, pain and heat from the air conditioning. I never get round it without stopping numerous times. Often I just stay in the car as I am too tired and in pain to even start walking round in the first place.

Regarding work, I don't really manage it, but it has got easier than when I was in the office full time as Occupational Health have made it so I now permanently work from the office in the morning and from home in the afternoon where I can take as many rest breaks as I require, when I require. I am also allowed to take as many sick days as I require, when I require. If it wasn't for financial reasons I would have quit as I know it is making me worse.

Thanks for all the advice so far