To wonder if I actually have a chance of winning my PIP tribunal ? Feeling deflated.

[BelatedDeflated]

My PIP tribunal is coming up soon and I’m starting to become nervous and deflated about it all

I’ve waited almost a year .

I had been receiving the enhanced rate of care but it was removed at review (a whole year early ) , in spite of there being no changes (in fact I was worse).

I missed out on any award at all (again) by two points.

I have M.E/CFS and it’s such a difficult condition to “prove” . I submitted lots of evidence but still it was removed .

We really relied on the money

I don’t know if I can face it . I’m so angry about the whole process and how they’ve completely ignored medical evidence in favour of a basic report from a “disability analyst” who has no clue what my condition is like .

I was refused it the first time around but won at an appeal and was awarded enhanced care .

The thought of going again , although the tribunal panel were very nice , is just so nerve wracking .

Do I have a reasonable chance of winning if I’ve had it before ?

I've no advice, have you anyone I.e. citizens advice etc helping you?

I don’t have citizen advice input as it’s so difficult to get an appointment .

My DH did lots of research last time and acted as my advocate and we won so I’m hopeful this will be enough .

I lost a few years ago, I had to put in a while new claim.
That claim is now being reviewed next week and I'm shitting myself.
I have a degenerative illness, plus have developed more conditions due to medication, yet I've still got to answer the questions in exactly the correct way.
The system stinks.

I'm disability member for PIP tribunals. Definitely go.

Quiet Are the odds stacked in my favour that I’ve successfully claimed before ?

Not the same condition but similar in that I have fibromyalgia and it’s not that well understood. I went to tribunal with my case and won. Just try to keep calm and remember that you are entitled to it and why. The rep for DWP got the chance to ask me questions but I just stuck to my guns and even told her one of her questions was ridiculous. The panel I had were really nice and understanding, and they are normally much better qualified to make judgement than the assessor

@BelatedDeflated we don't take previous awards into account however we are aware of it and any superseded awards at previous tribunals. You have a much better chance of being awarded the correct award if you attend. It gives the medical and disability member the chance to attain more info.

Can you access the complete guide on benefits and work website? I have found it really helpful for people I work with.

mindthechaos what kind of questions did the DWP rep ask you if you don’t mind my asking ?

No problem at all. Because I said something along the lines of that I sometimes struggle to move quickly etc. She asked what would I do if something was about to fall on dd or she was in danger. Such a stupid question as regardless any mother would try their hardest to protect their child even if it hurt them. She also asked how I cope with my daughters etc. Basically a lot of questions on how I cope with my kids and not much on me as an individual

I just doing this now with ME fibro

But I know someone who got cancer they’re arguing her ESA 😔

Fight Back on fb are really good,look them up! You can win it,good luck xx

Thankful for all of the replies . I will certainly look at those groups .

There is a complete list of the questions on benefits and work site

I sell cars and do Motability so I see a lot of people on both DLA and PIP. The amount of people who have lost their benefit (and car) who win their appeals is unbelievable.

Good luck, not that you'll need it.

www.scope.org.uk/press-releases/rise-pip-esa-appeal-wins

The statistics are in your favour. I went from 0 points to 13 at tribunal (!) for my PIP.

still very nervous but feeling a bit more positive .

I’m “lucky” in the sense I have 6 points , just another 2 needed to receive the standard rate (I know I qualify still for enhanced but at this point , I’m not sure how it will go).

I find it funny about the motability element as the assessor said I didn’t qualify because I can drive

Well everyone on motability is disabled

If you only missed out by 2 points you have a very good chance of succeeding, so definitely go.

Good luck.

A lot of people with motability cars have them for family members and carers to drive and others have cars that are adapted for their disability (for example cars adapted to be controlled by their hands). Although I do think it'd be rather difficult for people who can drive a non-adapted car to be eligible for the motability element in the vast majority of circumstances (except people who have a amputation on the leg that isn't used when driving an auto).

I didn’t make it clear in my post but I’m not claiming for any element of mobility.

The assessor has determined that because I can drive , I’m not eligible for any care award at all .

My DB had his PIP award reduced and I successfully appealed it for him.

They key here is that you need to state clearly that it is not up to you to prove that your condition is the same, it’s up to them to prove that it had improved since it was originally awarded. You need to ask them show their medical evidence of your improvement (which they won’t have) and give a full explanation as to how it differs/has improved since the original award. Point out that you could drive when originally awarded it so their argument is null and void.

I think that it's quite a high proportion that win on appeal, more than 50% so you should definitely try- but get some advice and support

FYI all the info I needed to appeal I found online on help forums. Just google PIP appeal help and you should find some useful links.

Daisysstew- excellent point!!

Daisystew - cross post I mean about proving your condition is the same or changed! 👍