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TOPIC: DLA to PIP appeal refused

DLA to PIP appeal refused 4 months 6 days ago #232037

I posted my forms last year in August and had my pip assessment at home last october (i think it was).
In March this year whilst the appeal was ongoing, I got a letter from DWP saying they've looked again and can offer me standard mobility, a five year award, which is what I was getting on DLA, for agoraphobia and severe social anxiety disorder.
However I got my appeal result today and the appeal has been refused, as they scored me,
2 points for engaging with other people, and
4 points for planning and following journeys.

However this is incorrect as I avoid social contact completely and stay in my bedroom most of the time, and rarely leave the house, when I do I have a parent with me. I don't understand how they came to this decision? It was decided on the papers of course because going there in person is way too stressful for me.

I had evidence from my GP and a letter from my dad, and in my forms I explained why I meet certain points and other print outs (granted, from years ago, I don't get out much and am unable to leave the house and meet people face to face).

Is there anything I can do?

I don't think I can suffer through another at home assessment, it felt like an assault in my own home honestly.

Have I totally lost the offer from DWP or will they not care now that my appeal is refused.

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DLA to PIP appeal refused 4 months 6 days ago #232041

rachel

I assume that you did not accept the DWP offer and continued with the appeal in which case their offer is gone.

You have two options available;

- You can make a new claim for PIP, there is no waiting time but it will almost certainly require another face to face.
- You can make an appeal to the Upper Tribunal, you cannot dispute the result further but if you can show that there was an Error of Law in its making then it may allow you to have your appeal re-heard.

In both cases. you will need to think about how you address the issues that meant an award was not made this time.

Gordon
The following user(s) said Thank You: rachel

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

DLA to PIP appeal refused 4 months 5 days ago #232094

Thanks so much Gordon,

Is this PIP appeal result likely to affect my ESA benefit?

I'm currently receiving ESA and I'm in the support group. A paper based appeal decided I scored 15 points for social engagement in 2017 on question 16(a) engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.

Last summer I sent in a new ESA form they sent me and continued to get this award, I'm due to be re-assessed in March 2020.



Although it is a different test, the questions are the same regarding social engagement and one appeal scored me for it and this PIP one didn't (with my similar evidence from gp/dad/questions answered by myself in fact better gp evidence this time around)

I have sent a letter asking for a statement of reasons of how they came to this decision.

Possible errors of law I'm anticipating are my evidence that was ignored, they took into account irrelevant things and ignored relevant things, case law that the tribunal has failed to follow, breach of the rules of natural justice:

Aren't the appeal tribunal supposed to warn you that they are intending to make a less favorable decision than the one you are appealing against/any offer you've been given? (They failed to do this) My paper appeal was heard 2 weeks earlier than I was told I'd receive the result so I wonder if it was rushed

So anyway I'm going to wait to receive the list of reasons back. I can't reapply and deal with another f2f right now, I'm severely depressed/defeated and have other family issues and need a break before any more stress is added on to the pile. I am just concerned about my ESA being affected.

If anyone in similar circumstances has any advice that would be very welcome.

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DLA to PIP appeal refused 4 months 5 days ago #232095

I didn't accept the offer because I believe I should score points for

9 d. Cannot engage with other people due to such engagement causing either - (i) overwhelming psychological distress to the claimant; or
(ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person. 8 points

"You assessed yourself as being eligible for the standard rate of the daily living component of PIP."
From the self pip test


Also I got confused with 11 f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points

Although I now understand this has more to do with navigation

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DLA to PIP appeal refused 4 months 3 days ago #232136

Rachel

If it was going to affect your ESA then it already would have so I would not worry about it.

Did you have a face to face assessment and if you did how were you during the interview?

Gordon

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

DLA to PIP appeal refused 4 months 3 days ago #232199

Yes I did, I had the face to face interview in my home; 2 people showed up from DWP, a woman and a man. My mum let them in, chatted with them and stayed during the interview.

I was extremely anxious, worried, on edge, had palpitations and a bit of sweating but answered all the questions. My mum let them out afterwards.
The morning of, I worry excessively and get suicidal thoughts, feel dread, I get more depressed and just want to stay in my room and sleep, I would say I don't cope well because I can't do this repeatedly/be around people repeatedly.
Didn't sleep the night before, worried and stressed and felt the dread about it for weeks leading up to it. Wasn't really engaging much except answering the questions. I get a lot worse/more stressed and depressed when I have appointments coming up and can't feel relief or sleep properly/relax until they are over. It's also really humiliating for me. Then I feel paranoid about what they thought about me / talk about me afterward and who reads all my private information. :( :unsure:

I guess I'll find out in a few days if it affects my ESA

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