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Legal, pensions and money

For anyone who has problems that effect the physically or mentally

(56 Posts)
Whiff Mon 15-Aug-22 10:53:32

I don't want the old thread to die the diary of a benefit claimant. As it helped me so much. And the lady who started it doesn't want to be the OP on a new one. So I started this . Didn't know what to call it but if anyone doesn't like the title it can be changed

Cabbie21 Sat 27-Aug-22 22:26:38

Sorry you were turned down again. You should appeal, Whiff. It will take time( months, probably) to get a hearing, but it is worth it. I hope you get an appointment soon, as you should lodge your appeal within one month from your MRN, but late appeals are normally accepted if the reason for delay is waiting for advice.

Meanwhile see if you can study the descriptors and think about reliability, ie can you do the activities as frequently as you need to, safely and within a reasonable time scale. Keep a log of incidents such as dropping things.

Whiff Sun 28-Aug-22 06:10:13

Thank you all for your support.

Cabbie I started a diary of all the times I drop things,forget,fall etc a couple of weeks ago. As I remember you saying something along those lines sometime ago. The Brain Charity are phoning back on Tuesday as tomorrow's bank holiday. But the lady was annoyed PIP hadn't contacted my GP, Neurologist or cardiologist at anytime. I checked again last Wednesday will all of them then the MRN arrived on Thursday.

She also told me they deliberately make the forms ambiguous so people will give up after being rejected. I have been to a tribunal before many years ago when my husband was alive in those days it was DLA and it was awful . But I have waited 34 years and that's long enough.

Headlines keep saying how many benefits go unclaimed it's no wonder. Like I have said the forms are yes and no answers but life is not yes or no. Yes I can prepare myself a meal but I have to cook either a large stew or lasgne enough for 6 dinners and portioned into oven proof dishes and kept in the fridge as I don't know how I am going to be from day to day. That way I always have a healthy meal ready and waiting. Do the same with my homemade soup I have for lunch everyday. Porridge is made in the microwave as I can't stand stirring for it to cook on the hob.

All this was explained but I am sure they don't read it. Or listened to me during my phone assessment.

Like my original decision letter the one I received Thursday was dated 10 days before. Do they do that deliberately so it cuts down on the time you have to reply?

Cabbie21 Sun 28-Aug-22 07:01:12

Whiff, the post is very slow at the moment, and even worse with the strikes. A letter I sent took nine days!

As to Yes or No, as I said, if you can’t do an activity safely, repeatedly then the answer us No.
I agree the assessment reports come across as if you are lying, it is awful that they are worded “You said, …. But I have decided …..”
However I am not surprised that DWP have not consulted your medical experts. They rarely do. It is in your interest to get hold of and provide the medical evidence to support your claim. If you have not already done that, I urge you to do so, which can then be sent to the Tribunal. The diagnosis, but also explaining how it affects you.

Whiff Sun 28-Aug-22 12:14:25

Cabbie I did all that I sent every letter I had from GP, cardiologist and all the neurologists I have had. But only had copies of letters from 2017. As before than consultants didn't send patients copies of letters they sent to my GP. My health got worse in 1988 after seeing various specialists saw my first neurologist is 1992. I have been hitting my head against a brick wall for 34 years. Unfortunately had to the last 18.5 years on my own as my husband died aged 47.

Hopefully the Brain Charity can help me .

Whiff Tue 30-Aug-22 17:15:09

Good news today the Brain Charity are going to help me with my appeal at the tribunal.

Mouseybrown60 Tue 30-Aug-22 17:29:31

Whiff, look up Benefits and Work. They specialise in UK Benefits, especially PIP and ESA.
Lots of information and help on their site.

SunshineSally Tue 30-Aug-22 17:32:36

Whiff - that’s great news ?. Will keep everything crossed that this will get sorted soon for you and that you get the result you deserve x

Whiff Tue 30-Aug-22 21:27:54

Thank you both very much for your support.

Teacheranne Wed 31-Aug-22 01:31:33

Whiff

Cabbie I did all that I sent every letter I had from GP, cardiologist and all the neurologists I have had. But only had copies of letters from 2017. As before than consultants didn't send patients copies of letters they sent to my GP. My health got worse in 1988 after seeing various specialists saw my first neurologist is 1992. I have been hitting my head against a brick wall for 34 years. Unfortunately had to the last 18.5 years on my own as my husband died aged 47.

Hopefully the Brain Charity can help me .

I found out recently that you can request a GP Summary from the receptionist at your doctors, there is no cost for it. Basically it is a summary printout of all your visits to your doctor or hospital ( if in the same NHS region) and goes back a number of years. Mine went back to pre 2000 but I guess that depends when your records were computerised. There are notes of any diagnosis, test results, medications prescribed etc.

That might be helpful for your appeal.

Whiff Wed 31-Aug-22 02:07:11

Teacheranne I had a summary from my old GP as I only moved here 3 years ago but it was very basic it really only confirmed what tablets I am on. Did mention when my symptoms got worse in 1988 but it is only 3 words. I will ask my new GP surgery to see if they will let me have copies of letters from consultants pre 2017.

Spice101 Wed 31-Aug-22 03:04:39

Whiff

Good news today the Brain Charity are going to help me with my appeal at the tribunal.

That's great news Whiff, fingers crossed that this works out for you. It must be a relief and an comfort to have someone helping you with the fight. I'm sure they will have a lot of information and processes available that you may not be aware of.

MissAdventure Wed 31-Aug-22 11:06:48

Aha!
Found you. smile
Glad you're going to get some help with the next stage, Whiff

Whiff Mon 05-Sep-22 09:52:03

The saga continues. Who is helping me from the Brain Charity gave me numbers and what to do. So now registered with the court they will send letter to me and PIP. Spoke to PIP once they have the letter they will send the bundle to me and the court. I know it can take months but I have patience. Waited 34 years few more months isn't going to hurt. Photo copied all the letters I had from consultants and PIP decisions and set to the Brain Charity as requested.

What annoyed me was I was on hold for PIP for over a hour that didn't annoy me but what did and want to say what is happening in the Ukraine is awful. But there was a recorded message that kept saying anyone of the Ukraine if they only have leave to stay here 6months they need to reapply so their PIP payments don't stop and anyone with 36 months stay don't worry your payments won't stop.

How can they be getting PIP it's making a mockery of the criteria you need to get it.

I know some will think I am being unreasonable but I don't understand why they can get it. Perhaps one of you can explain to me why.

Hope you all have a good day..

LOUISA1523 Mon 05-Sep-22 10:09:27

Whiff

The saga continues. Who is helping me from the Brain Charity gave me numbers and what to do. So now registered with the court they will send letter to me and PIP. Spoke to PIP once they have the letter they will send the bundle to me and the court. I know it can take months but I have patience. Waited 34 years few more months isn't going to hurt. Photo copied all the letters I had from consultants and PIP decisions and set to the Brain Charity as requested.

What annoyed me was I was on hold for PIP for over a hour that didn't annoy me but what did and want to say what is happening in the Ukraine is awful. But there was a recorded message that kept saying anyone of the Ukraine if they only have leave to stay here 6months they need to reapply so their PIP payments don't stop and anyone with 36 months stay don't worry your payments won't stop.

How can they be getting PIP it's making a mockery of the criteria you need to get it.

I know some will think I am being unreasonable but I don't understand why they can get it. Perhaps one of you can explain to me why.

Hope you all have a good day..

I wondered this too...I heard the same message when I was on hold to pip ....8 googled it....apparently emergency legislation was put in place when war broke out , i read it as...this meant that Ukrainians could apply for all benefits same ad UK national without having to go through the 'habitual residence testing '..... hope that makes sense.

Whiff Mon 05-Sep-22 13:03:39

Louisa thank you for the explanation.

Received SSCS1 benefit appeal form this morning. Was surprised I got the form so quickly but for some reason I feel sick . What a stupid reaction to a form. Let the Brain Charity know I had received it . So hopefully PIP had there's as well.

Whiff Thu 15-Sep-22 09:00:21

Papers at it again . Apparently people who suffer from migraines can apply for PIP. Arrr

MissAdventure Thu 15-Sep-22 10:46:16

I'm sure they do it just to stir things up, though I suppose, logically, someone who was floored with migraine (as I used to be as a child/teen) could argue the case.

It is awful, isnt it, seeing "those" brown envelopes coming through the door?

It's enough, seriously, to give a person anxiety, if they didn't have it before.

Whiff Thu 15-Sep-22 11:37:41

MissA they keep saying you can claim PIP for this that and the other. So it means they have a flood of applications. But people who have to keep fighting for help keep getting put to the back of the queue and not being believed.

I know how hard you had to fight and that wasn't fair. I had my form for the tribunal 2 weeks ago still haven't received the bundle from PIP yet and yet they would have received there copy telling them I had registered and going to tribunal. Until I get the bundle I can't go any further. I know once I do I can get help from the Brain Charity them have to wait months for the tribunal.

It's so frustrating. I am one of those people who if I decide on something I get it done. Like all the adaptions I needed done in my bungalow and outside to make it safe for me.

I don't expect special treatment but to be treated fairly. I have been fighting for 34 years. My health has deteriorated during that time and will continue you to do so.

Just me having a moan.

MissAdventure Thu 15-Sep-22 12:02:40

It's enough to make anyone moan!
I really had an easy time of it, compared to lots of others, I know.

It's still horribly upsetting though, and really like a black cloud hanging over you.

It's good to know there are people behind you, though, if only in spirit.

MissAdventure Thu 15-Sep-22 12:04:25

Oh!
I keep writing "Oh!" blush

Cabbie21 Thu 15-Sep-22 13:46:47

Whiff, I hope you have lodged your Appeal with the Tribunal (HMCTS ).You don’t need to say a huge amount under Grounds for appeal, just one reason is enough at this stage, as you can add more later. You should get an acknowledgement and can track it online. After about a month the Tribunal ( not PIP) will send you a bundle containing copies of all the information they have received both from you and from DWP re PIP. You can still send anything new you have got that they have not seen before, but no need to resend items sent to DWP already.
Lots of help with Appeals on AdviceNow website.

I agree that these adverts re PIP are wrong and so misleading. I don’t know who pays for them.

MissAdventure Thu 15-Sep-22 13:49:25

I send anything to the dwp by recorded delivery.

Whiff Fri 16-Sep-22 06:13:58

Cabbie I am totally confused know. I received the SSCS1 benefit appeal form 2 weeks ago. I phoned the PIP department to tell them I had it. They said as soon as they receive notification they would send the bundle out to me. I asked would it come from them and they said yes. Then I was to take it to whoever was helping me . Which in this case is The Brain Charity.

Please could you clarify for me who am I waiting for? You are a wonderful source of information. Thank you for that. ?

Cabbie21 Fri 16-Sep-22 10:20:52

Whiff, I am very puzzled by what you are saying.
The SSCS1 form is the correct one to lodge an appeal. Normally it should be sent within one month. The address is on the form and is to HMCTS. There is a space to explain why if it is later than one month after the date on the MRN, but legally it can be accepted up to 13 months.
I am not sure of any reason why anyone has advised you not to send it. At this stage it is out of the DWPs hands.
Once it is with HMCTS, they gather all the PIP stuff from the DEP and send you copies of everything.

Cabbie21 Fri 16-Sep-22 10:26:53

It is all explained fully here. Read right to the end.

You can also lodge your appeal online.

www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

I am guessing that the Brain Charity would help you with your Grounds for appeal statement. But if they are delaying, you can just write a few lines( the form says one reason is enough at this stage ) and then work with them to do a full statement to submit later.