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Successful PIP appeal for CFS and depression

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6 years 8 months ago #209637 by nick h.
Last May I was awarded £55 per week standard daily living for PIP, with nothing for mobility. Previously I had been getting £96 per week DLA. Had it not been for B&W's encouragement I probably would have accepted this cut. My conditions are very variable. Some people tell me they are "all in the mind". I can never provide any evidence to show what my bad days are like, or the number of bad days I have per year. Nobody who reads my claim forms and doctor's notes can ever be sure whether I am exaggerating to get a bit more money.

But I appealed and last week the judge awarded me enhanced daily living and enhanced mobility, £141 per week until 2021 and back-dated to May. He or she did this a few hours before my hearing, on the basis of my GP's notes and my appeal form. Then I got a text as I was about to set out for the hearing, telling me I needn't bother to attend.

I wonder what this says about the appeal process? Maybe the judge is fed up with the delays which claimants are subjected to and the performance of the DWP and Atos? Does he believe that the DWP are knowingly making unjust awards? Maybe he just looks at the papers and says 'this looks like yet another DWP/Atos arm-twisting exercise, there's no need to waste the time of the panel and the claimant with a hearing.'

The lesson I would draw is that claimants who think their award is incorrect should not be discouraged by the DWP tactics and the intimidating paperwork and the months of waiting. The tribunals are staffed by good, honest people who want justice.

I haven't yet mentioned the really surprising thing about my claim. This was my second hearing date - I didn't show up for the first one because I failed to open the appointment letter. The judge didn't penalise me for this. He or she just adjourned the hearing and asked for my GP's notes. But he also wrote to warn me that my points might be reduced because the DWP had not substantiated the number of points they had given me for a particular activity. I hadn't noticed this either, but when I read the award letter properly I realised that the decision maker had given me one more point than the Atos assessor. The DM hadn't explained this - it looked like a simple error. And if the DM had not made that error I would not even have got standard daily living!

I hope this will encourage other people who have conditions which are difficult to prove. Just read all the info and advice here at B&W - it could make such a difference to your life.
The following user(s) said Thank You: allyson robinson, Gordon, angel*1, Maryanne M Brown

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