PIP: Any experts (or keen amateurs) about? 🤨

I thought I would bump this for you Fanny.

I hope someone can help you.

I haven't experience of this but you may find an answer here www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

Thank you Mary and Sandelf

There used to be a poster on here who was an expert on these things.
I hope that she is still around

I spoke to the DWP about it yesterday.
They seemed a bit nonplussed about it, and I was passed from pillar to post, as no one had an answer for me.
Anyway, I’m disputing it.

This is what has happened leading up to yesterday:

I rang them around 4 months ago to tell them that my circumstances had changed (ie THR)

The form didn’t arrive, so I rang and asked for another one.

The call handler told me to absolutely not complete a form. She said that I was entitled to PIP until such and such a date (about another year or so) and that I should leave things as they are.

About 6 weeks later I was told that I was to have a phone review.
I was absolutely fine about this.

Last week I received my letter telling me that I was no longer entitled to anything

The information on the letter was almost totally wrong.
For instance it said I could walk 200 metres.
I know for a fact that I said that I can only walk 50 metres.
I know this because MrC and I discussed it at length.

I also have lots of other issues that weren’t addressed.

I was totally honest and did not ‘lay it on thick’

I’m now wondering about the legality of the review and the decision made

FannyCornforth

Thank you Mary and Sandelf

There used to be a poster on here who was an expert on these things.
I hope that she is still around

I think you mean Cabbie. Her husband is very ill in hospital atm, otherwise as I have done before I would have sent her a PM asking if she could help you - but she has a lot on her plate at present.

I hope you get this sorted out soon.

It is a while since I dealt with PIP reviews but used to find that it was very frequently necessary to have the case reviewed or go to appeal. Please gets someone who knows the system well to help you. Citizens Advice in our town have specialist advice to help complete the forms and I believe Age Concern do so as well.

It is not just about how far you can walk, there are more points awarded if you cannot walk far but there are many more parts to it.

It is more about providing your own personal care, being able to cook, managing your own money, communicating, and moving about in your own home.

I do not know your circumstances or situation, if you cannot look after yourself then it is worth appealing.

Ah, thank you Shep, that’s very good of you. If you are reading Cabbie, we are all thinking of you

Gin yes, I think that you are right. I need proper advice.

They’ve stopped my payments, and I’m not sure if that’s right.
I’ve been totally done over.

I tried the main CAB earlier but there wasn’t anyone available.
I’ll try my local one tomorrow

I could kick myself (if I could stand on one leg!)
What is the saying - something like no good turn goes unpunished?

FC, this link will be useful. Fabulous help for those who need it.

www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjozfSg6OL8AhWBZ8AKHb15DwQQFnoECB4QAQ&url=https%3A%2F%2Fwww.benefitsandwork.co.uk%2Fpersonal-independence-payment-pip&usg=AOvVaw0YxlD-jHwO1EqCIbycqfSV

Or if it doesn't work, just google Work and Benefits/PIP. I think the information the person who told you just to wait until your review was due was good. Otherwise, they look for reasons to throw you off your benefit.

I'm now at the stage I have lifelong entitlement but I had reviews every 2 years for decades before that. Good luck to you.

Theexwife I know exactly what is involved.
The walking distance was just one example.

I don’t need or want to go into my circumstances.

My issue is that I have been both totally unrepresented (ie no written evidence from me) and misrepresented (ie the information that it used to make their decision, which I had supposedly given verbally was wrong on most counts)

The call must have been recorded, I’m thinking
The conversation and the details of the decision do not tally at all

Than you Yogitree
That looks very helpful

As a volunteer with CAB, I seriously recommend you email them to ask for help, they are experts in this. Sadly, I am not (yet) so cannot offer advice. It is important to do this quickly, as you know, and from what you have said on here, it certainly looks very odd that a telephone call has been used to misrepresent your grounds for claiming PIP. Sorry I can't be of much help, but good luck.

FannyCornforth

Theexwife I know exactly what is involved.
The walking distance was just one example.

I don’t need or want to go into my circumstances.

My issue is that I have been both totally unrepresented (ie no written evidence from me) and misrepresented (ie the information that it used to make their decision, which I had supposedly given verbally was wrong on most counts)

The call must have been recorded, I’m thinking
The conversation and the details of the decision do not tally at all

They did a similar thing to me. They really just invented a story that bore no resemblance to mine, in order to get me off enhanced rate payments. Sadly, by that time I was just too exhausted with it all that I caved in and didn't fight it all the way. The 'Mandatory Reconsideration' was just ticking a box for them as they just believed the assessor, not me. They really are the pits, well they were then, when that terrible woman was in charge.

yogitree

FC, this link will be useful. Fabulous help for those who need it.

www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjozfSg6OL8AhWBZ8AKHb15DwQQFnoECB4QAQ&url=https%3A%2F%2Fwww.benefitsandwork.co.uk%2Fpersonal-independence-payment-pip&usg=AOvVaw0YxlD-jHwO1EqCIbycqfSV

Or if it doesn't work, just google Work and Benefits/PIP. I think the information the person who told you just to wait until your review was due was good. Otherwise, they look for reasons to throw you off your benefit.

I'm now at the stage I have lifelong entitlement but I had reviews every 2 years for decades before that. Good luck to you.

I would second this as a good source of help.

Also, on Facebook, there is a group called 4UP that is very helpful with people, some of whom seem to work with those who have to apply for PIP.

It’s always puzzled me why someone with ‘entitlement for life’ is subjected to reviews Daisy

I know GG
I know of people with profound and complex learning difficulties who are subject to reviews

I wonder if they get a bonus for booting someone off benefits? 🥾

FannyCornforth I have been fighting for disability benefits for 35 years. Everytime I was turned down because of no diagnosis. Last year I finally had my diagnosis at the age of 64 it's rare and I was born with it. Plus a hole in my heart. I applied for PIP in April and was turned down by both PIP and MRN decisions. The Brain Charity are funding a solicitor for me so we can go to tribunal have been waiting for since September for a date. With my PIP form fully explaining my limitations I sent 45 letters from neurologists , cardiologist and GP. My telephone assessment took hour and 46 minutes. When I asked for a copy of the report it was 23 pages long only page without errors was the last page where the assessor signed and put how long it took to write 38 mins. Took me 2 days going through each page marking errors and sent my solicitor a long email correcting everything and a copy of the report with every error marked. I knew the woman didn't listen to me. When she asked how many feet can I walk without pain I said non. She didn't believe in . I have been in constant pain all my life with my legs and the last 35 years it's centred in my left arm and leg. I go to sleep in pain and wake up in pain. Because I finally after 32 years on a tablet that stops my limb jerks and full blown seizures they said I am cured . There is no cure my condition is genetic. Down to a mutant gene. Which causes me problems every day of my life. And as I age it will only get worse.

I think if you instigate a review yourself...eg because you report a change in circumstances....then you are assessed as not getting the points required....then they can end your payments immediately....regardless of how long you have to go on your award....is this what you mean?

I just had my review....they didn't do an assessment ...they cited backlogs....but I got the same award ....its a real minefield though

Hi Fanny.

I have always, always gone to CAB for help, to actually fill in forms. They try to fiddle you every which way. However you are talking about something more complex, a withdrawal without them having adequate information.

CAB are very busy but keep trying for an appointment. but in your situation Id be tempted to try and find a solicitor who specialises in PIP and will give you the standard" free half hour".

by the way, do you have a recent letter or report on the fullness of your condition from a consultant or good GP report - you WILL need that for back up.

all the best xx

Yes, it may have to go to a tribunal?

GET HELP, not sure what your illness is but if there is a charity connected to it they can usually help with the appeal, I know Macmillan and the Stroke association definitely have representative, also ask in your local library if they know of any organisation/ charity that help. I know our local MP. Mentions this in his blurb for his consistency surgery. ( monthly) our local council also have a Welfare rights section. And if you or your husband belong to a trade union you might be able to get help through them. Good luck

I am sorry you are going through this, FannyCornforth.
It is late now, as time I was in bed, but I couldn’t just pass by.
Yes, if you report a change in your condition it will trigger a review, even if it is not due. Actually many reviews have been put on hold, but by reporting, they will review. A telephone assessment is normal these days.
Sadly at CAB we see so many decisions based on an assessor’s report which blatantly contradicts what a claimant has said. It is all too common.
There are two things you can do.
1. Make a written complaint to the assessment company. It wont change the decision though.
2. Request a Mandatory Reconsideration, within one month of the date of the decision. This is a necessary formality, and may not change the decision, but you need to do this. Do not merely point out where there are lies or errors. Show how you meet the descriptors and where you should score points, with plenty of recent examples of what has happened when you attempted to do eg cooking, dressing, walking, etc. plus any recent medical evidence, scans, reports.
If the decision is unchanged , you can appeal. Do so within one month. Once lodged, you can get more evidence, as it will take several months to get a date for a hearing at a Tribunal. You will be treated fairly, impartially, and kindly. See my thread about Tribunals.
Look at threads where there are links to official advice. And keep trying to get hold of CAB, or Welfare Benefits if your local authority has one. CAB mainly relies on trained volunteers to answer the phones and there are not enough, but persevere. And people like me who are advisors sometimes get ill or have partners in hospital and have to take a break.
I will watch this thread and try to help further when I get time.