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PIP CONFUSION!?
- zoeb11
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5 years 3 months ago #242719 by zoeb11
PIP CONFUSION!? was created by zoeb11
Hey guys,
I’m looking for some help in regards to my PIP appeal- was re assessed in April. I was previously on standard daily and standard mobility in 2017 to April 2019, in 2019 i was assessed and my reward was completely taken away from me.
However I put in a mandatory re consideration and my daily living was put back on within around 2 weeks (a decision maker admitted this should have never been taken away) however they said they were looking at further evidence for the mobility component. Due to it being mental health related and me not going anywhere alone is a hard one to “prove” apparently.
Even though I was in receipt of the mobility component for over two years prior and my Medication had increased, and this time I had more medical evidence and doctors letters done before however this time seemed to be impossible to prove this. Even though my GP wrote a letter clearly stating I don’t go anywhere alone not even to my gp appointments etc due to severe social phobia and anxiety.
Anyway... I patiently waited four months trying to find out what was happening to the mobility component, my mother called in on my behalf numerous times And we were continually told it was still being looked at. This was until October 2019 which I was then told the decision had stayed the same and I should’ve received a letter back in July and we were continually told it was still being looked at. This was until October 2019 which I was then told the decision had stayed the same and I should’ve received a letter back in July 2019.
I explained to the lady on the phone, that if this was the case we wouldn’t have continually been calling since May to find out if a decision had been made we had called numerous times roughly every 3 to 4 weeks to find out if there had been an update, and every time we were told it was being looked at. The lady looked back at the call log and could clearly see this herself, she seems very confused and allowed me to put in another mandatory reconsideration for the mobility component on its own which I did.
I was then called by another decisionmaker about a week after putting the second mandatory reconsideration in this time it was a man, and he had stated that unfortunately I cannot be in receipt of the mobility component, however he advised me to appeal- as it goes back to PIP before the tribunal hearing, (is this correct?)
So I appealed it in December 2019 just after Christmas , and today got a letter starting it’s a “new claim appeal” when it isn’t, is this standard header?
Does it go back to PIP before going to the tribunal hearing.
Can I risk losing my daily living reward even though I’m only appealing against the mobility component.
I was rewarded the daily living reward for an ongoing period after a Mandatory reconsideration, what is classed as an on going reward and do I risk losing that if my mobility part is changed.
Sorry for all the questions, as you can see lots of the call handlers at PIP have not been very knowledgeable and have given misleading information so now I get reluctant to call anyway after what’s happened.
I’m looking for some help in regards to my PIP appeal- was re assessed in April. I was previously on standard daily and standard mobility in 2017 to April 2019, in 2019 i was assessed and my reward was completely taken away from me.
However I put in a mandatory re consideration and my daily living was put back on within around 2 weeks (a decision maker admitted this should have never been taken away) however they said they were looking at further evidence for the mobility component. Due to it being mental health related and me not going anywhere alone is a hard one to “prove” apparently.
Even though I was in receipt of the mobility component for over two years prior and my Medication had increased, and this time I had more medical evidence and doctors letters done before however this time seemed to be impossible to prove this. Even though my GP wrote a letter clearly stating I don’t go anywhere alone not even to my gp appointments etc due to severe social phobia and anxiety.
Anyway... I patiently waited four months trying to find out what was happening to the mobility component, my mother called in on my behalf numerous times And we were continually told it was still being looked at. This was until October 2019 which I was then told the decision had stayed the same and I should’ve received a letter back in July and we were continually told it was still being looked at. This was until October 2019 which I was then told the decision had stayed the same and I should’ve received a letter back in July 2019.
I explained to the lady on the phone, that if this was the case we wouldn’t have continually been calling since May to find out if a decision had been made we had called numerous times roughly every 3 to 4 weeks to find out if there had been an update, and every time we were told it was being looked at. The lady looked back at the call log and could clearly see this herself, she seems very confused and allowed me to put in another mandatory reconsideration for the mobility component on its own which I did.
I was then called by another decisionmaker about a week after putting the second mandatory reconsideration in this time it was a man, and he had stated that unfortunately I cannot be in receipt of the mobility component, however he advised me to appeal- as it goes back to PIP before the tribunal hearing, (is this correct?)
So I appealed it in December 2019 just after Christmas , and today got a letter starting it’s a “new claim appeal” when it isn’t, is this standard header?
Does it go back to PIP before going to the tribunal hearing.
Can I risk losing my daily living reward even though I’m only appealing against the mobility component.
I was rewarded the daily living reward for an ongoing period after a Mandatory reconsideration, what is classed as an on going reward and do I risk losing that if my mobility part is changed.
Sorry for all the questions, as you can see lots of the call handlers at PIP have not been very knowledgeable and have given misleading information so now I get reluctant to call anyway after what’s happened.
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- Gary
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5 years 3 months ago #242734 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP CONFUSION!?
Hi zoeb11
I am slightly lost with your post, you talk about a tribunal hearing but not sure where that fits in with your time line and whether it is past or present.
You say that you have appealed this decision, have you used a SSCS1 form to appeal? You need to be clear in what you are appealing on the appeal form and why you are appealing. If I want the tribunal to only look at one component such as mobility then I will usually say that I agree the findings of the daily living component but disagree with the mobility component due to ... then explain why you disagree.
If you have appealed then you would have written to HMCTS, once they receive your appeal they will send a copy to DWP and will also send you an acknowledgement. You should at some stage receive a bundle of documents in regards to your appeal.
Yes you can loose what you already have been granted, the tribunal can look at the whole claim not just the mobility component even if you have stated that you agree with the daily living component. This is a risk that you take and I always warn a claimant before going down that route.
Gary
I am slightly lost with your post, you talk about a tribunal hearing but not sure where that fits in with your time line and whether it is past or present.
You say that you have appealed this decision, have you used a SSCS1 form to appeal? You need to be clear in what you are appealing on the appeal form and why you are appealing. If I want the tribunal to only look at one component such as mobility then I will usually say that I agree the findings of the daily living component but disagree with the mobility component due to ... then explain why you disagree.
If you have appealed then you would have written to HMCTS, once they receive your appeal they will send a copy to DWP and will also send you an acknowledgement. You should at some stage receive a bundle of documents in regards to your appeal.
Yes you can loose what you already have been granted, the tribunal can look at the whole claim not just the mobility component even if you have stated that you agree with the daily living component. This is a risk that you take and I always warn a claimant before going down that route.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- zoeb11
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5 years 3 months ago #242832 by zoeb11
Replied by zoeb11 on topic PIP CONFUSION!?
Hi Gary,
Sorry yes this is present - and I used the SSCS1 form to appeal. So I was previously getting the daily living and mobility component until April 2017, but after a PIP review the reward was taking away from me all together. I put in a MR in April and my daily living with giving straight back to me within about a week mainly due to them admitting there was more than enough evidence from GPS and a nurse to prove I needed the daily living component. However the decision maker explained they were going to look into the mobility component a little more and get back to us. We kept ringing back, this went on for around 14 weeks and we’re finally told in October that they couldn’t allow the mobility to be re rewarded. The decision maker himself advised maybe I appeal it?
The appeals process has now started and I’m in the process of waiting for a response from PIP & the bundle of documents.
I was told that PIP get another chance to look at the reward again before it goes to tribunal is this the case?
Finally if I chose to do a paper hearing than an oral hearing does it effect your chances over going to a oral hearing?
I am now seriously anxious and worried incase I lose my whole reward and feel maybe I should of left it. The only reason why I decided to appeal as I have an “on going reward” and didn’t know when I would next be reviewed again.
Sorry yes this is present - and I used the SSCS1 form to appeal. So I was previously getting the daily living and mobility component until April 2017, but after a PIP review the reward was taking away from me all together. I put in a MR in April and my daily living with giving straight back to me within about a week mainly due to them admitting there was more than enough evidence from GPS and a nurse to prove I needed the daily living component. However the decision maker explained they were going to look into the mobility component a little more and get back to us. We kept ringing back, this went on for around 14 weeks and we’re finally told in October that they couldn’t allow the mobility to be re rewarded. The decision maker himself advised maybe I appeal it?
The appeals process has now started and I’m in the process of waiting for a response from PIP & the bundle of documents.
I was told that PIP get another chance to look at the reward again before it goes to tribunal is this the case?
Finally if I chose to do a paper hearing than an oral hearing does it effect your chances over going to a oral hearing?
I am now seriously anxious and worried incase I lose my whole reward and feel maybe I should of left it. The only reason why I decided to appeal as I have an “on going reward” and didn’t know when I would next be reviewed again.
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- BIS
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5 years 3 months ago #242834 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP CONFUSION!?
Hi zoeb11
If you have started the appeal the DWP will be asked to provide all the papers for it. It is the case that sometimes the DWP does comeback before a tribunal is held with a new award offer, but you cannot count on this happening.
If your award is at risk, a judge will always warn a claimant and you would then have the chance to withdraw your appeal
Paper-based hearings are less successful than oral ones, but there are plenty of people who do not feel able to attend and have still had a successful outcome. I can't find the current figures for the difference at the moment.
BIS
If you have started the appeal the DWP will be asked to provide all the papers for it. It is the case that sometimes the DWP does comeback before a tribunal is held with a new award offer, but you cannot count on this happening.
If your award is at risk, a judge will always warn a claimant and you would then have the chance to withdraw your appeal
Paper-based hearings are less successful than oral ones, but there are plenty of people who do not feel able to attend and have still had a successful outcome. I can't find the current figures for the difference at the moment.
BIS
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- zoeb11
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5 years 3 months ago #243015 by zoeb11
Replied by zoeb11 on topic PIP CONFUSION!?
Thank you so much for that info! Will the tribunal look at all the info which was sent in for the mandatory reconsideration or should I send it again? I understand you have quiet a while to send info in what else would you advise me to send in to support this?
I’m already in receipt of PIP for the daily living component on the basic rate. I am appealing the mobility component.
Is there anyway I can find out the success rate of paper hearings over oral?
I’m already in receipt of PIP for the daily living component on the basic rate. I am appealing the mobility component.
Is there anyway I can find out the success rate of paper hearings over oral?
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- BIS
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5 years 3 months ago #243016 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP CONFUSION!?
Hi zoeb11
The tribunal will look at all the information related to your case. You will be sent all the papers that the panel will see. If something is not included you can always send it at a later day. You can send information up to a week before the tribunal date.
They will look at your entire claim - not just the daily living component.
I can't find any up to date figures on success rates of oral vs paper-based hearings. You could always put in a freedom of information request for them.
BIS
The tribunal will look at all the information related to your case. You will be sent all the papers that the panel will see. If something is not included you can always send it at a later day. You can send information up to a week before the tribunal date.
They will look at your entire claim - not just the daily living component.
I can't find any up to date figures on success rates of oral vs paper-based hearings. You could always put in a freedom of information request for them.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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