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Another successful PIP journey. 5 years 3 months ago #170189

Hi all,

Having been on DLA for 16 years high rate mobility and low rate care on an indefinite award I had been anxious in anticipation of being invited to apply for PIP for a couple of years so I joined this brilliant club.

Two years ago I used it to reverse my sister in law's unsuccessful claim for PIP and through a tribunal in which i fully represented her she was awarded enhanced rates for both mobility and living receiving over £8,000 in back pay. She suffers with severe mental health issues and without the information available in the B&W guides it would have been near impossible to have achieved that great victory.

This morning's post contained my PIP award and my emotions are mixed despite achieving an increase to enhanced for both elements, the award is for just 3 years. I have completely lost all of my vestibular function for which there is no cure and no medication, this has been confirmed in writing by both my GP and consultant and therefore there can be no change to what I need help with. Three weeks ago I requested the HP report and after ringing the DWP this morning to chase it, they say my request is on the file but as yet due to work load they haven't got to my file yet, despite the fact they must have got to my file to have made the decision, which was made just 4 weeks following the f2f.

The health professional was very aware of the fact that my condition is irreversible or treatable or that my needs change so I cannot understand why the award is so short. I'll work on this over the next 2 years using this site before I have to go through it all again.

Another successful PIP journey. 5 years 3 months ago #170197


First of all congratulations on the award. Well done.

The length of the award can be challenged through the normal MR/appeal process, I've only seen this done a couple of time, on here and the other forums I monitor, and nobody has been successful, even with untreatable conditions such as yours.

Award length is primarily a medical decision and is usually recommended by the assessor, it presumes that they have a reasonable understanding of the conditions that the claimant has, but this is often not the case.

If you were to pursue it then I think you would need to provide medical information about your claim and likelihood of improvement, you would also need to answer questions on your ability to adapt to your limitations.

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

Another successful PIP journey. 5 years 3 months ago #170201

Congratulations Mark, thanks for letting us know :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems

Another successful PIP journey. 5 years 3 months ago #170206

Thank you Gordon,

I am very tempted to go all the way to tribunal but will wait until I get the HP report. During the f2f the HP demonstrated through what he said that he had an excellent understanding of my condition and fully appreciated how the symptoms I have are realistic and that there is no way my needs can change.

I'll update on receipt of the HP report.
The following user(s) said Thank You: Gordon

Another successful PIP journey. 5 years 2 months ago #171959

Hi All

Just received my HP report that was requested on 9 September, the letter from DWP is dated 22 October it's a good job I didn't need it for an MR.

I have bilateral vestibular failure and the effects of this condition on me is severe enough to have got me the enhanced rate for both living and mobility.

I wanted the report because I only scored 12 points for each and I wanted to know why and also why my award was for just 3 years despite the proven fact that my condition and it's affects are irreversible and untreatable. I also have a recent diagnosis of Aspergers and an 8 page report from a clinical psychologist was included confirming my difficulties with engaging with others.

I received 0 points for engaging with others face to face, the HP wrote, he reports that he gets stressed and finds people difficult and even keeping eye contact was observed to be difficult. I made the point in my questionnaire that fluorescent lighting made my vestibular condition worse but the office was lit that way so I told him that unless you can turn the lights off I will not be able to continue with the assessment, the HP wrote "he was confident enough to be able to ask for the room to be changed" I also made the mistake of going on my own in a taxi so because of these two reasons I was denied any points I was expecting at least 4 points and I'm confident that with the medical report about Aspergers which explains how I meet the criteria a tribunal would have awarded me those points. It was further noted that because of my difficulties in engaging with others face to face I do not go out, this also added to the reason no points were awarded for this activity because the HP said that as I do not go out it's not a major concern.

My award is for 3 years although the HP thought i should be reviewed in 2 years because although I scored no points for any mental health issues I take over the counter medication for depression, so there might be a change. The HP further stated that my primary condition is unlikely to change or improve before the review date. This is very odd because I only scored points for my primary condition.

Finally, the HP decided that I can walk 50 metres despite acknowledging that I used walls and door frames to support myself over the 15 metres to the room and acknowledged that I could not walk any distance outside when it's dark. Thank goodness that DWP decision maker could read and increased my score from 10 points to 12 allowing me to keep the higher award.

For those members who have mental health issues please take heed of my experience, take someone with you to an assessment and don't speak up for yourself let the person accompanying you do that.

For all members having difficulty with their claim do get the HP report because it seems that there is always something in it that can be successfully argued at a tribunal.

Another successful PIP journey. 5 years 2 months ago #171967


Congratulations on the award, well done.

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