To ask for help with PIP descriptors and regulations?

[PandasandPenguins]

I have an upcoming PIP tribunal and I’m so nervous

I had my whole award removed after a face to face assessment (report was completely inadequate but was used in favour of actual medical evidence from an actual specialist )

The PIP regulations state that a person should be able to complete a descriptor safely , in a timely manner and reliably .

In my medical evidence it specifically states that I might be able to complete an activity in the am , but not in the pm due to worsening fatigue.

In spite of arguing this point all throughout , I’m going to tribunal .

Based on this regulation - do I have a chance ?

I’m so nervous I don’t want to go if there’s no chance of winning for fear of looking like a liar or fraud (I’m not! I’ve been honest throughout).

Thoughts ?

YAY, congratulations!

Thank you !

Your information was very helpful and we went prepared , but I didn’t actually get a chance to use it !

According to this it will take 4-6 weeks to get your back payment. I expect it will be a large amount!
www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/your-hearing/#h-if-you-win-your-appeal

Have you been awarded daily living and/or mobility and is it standard or higher rate?

LOL well I'm glad you didn't have to use it
If it helped you to feel a bit calmer that's a good thing!

That’s helpful thank you

The original award was reinstated - 12 points for enhanced care .

I never applied for mobility as it varies so much .

I’m very happy

Brill, so that's £85.60/week! How long ago did they stop it? I think you said a year ago? If so you'll be getting more than £4k, woohoo!

Yes DH has worked it out at around £4000.

That is so much money to us !

I really can’t quite believe it ! I was so nervous and thought we would never win , so I almost cancelled it .

I might treat the dog to a new bed with it !

Hahaha
You should treat YOURSELF to something too

I might just do that !

Thank you so much for all the support on this thread

If the computer system is working the decision is sent immediately. Payment should be in your account within 6 weeks. Usually closer to 2.

Thank you McNeat

That's great news, OP, I'm so happy for you. As well as the money, it's a great feeling to be accepted, to be vindicated.

That's excellent news.

Can I ask, did they just look at how you hadn't changed and reinstate the original award? As mine is the same. Or do they look at it all again. Thanks.

PS I hope they gave it for a decent amount of time, too.

Fantastic news Pandas, I'm really pleased for you.

If you get housing benefit or tax credits, don't forget to tell them too.

Oh, just remembered, keep a hold of your decision notice from Appeals. DWP tried to say they never received a copy from the Tribunals service and we had to send them ours. Apparently they tend to 'lose' things quite a bit.

DS turns 16 this year and so will have to apply for PIP. Fortunately I have friends who's children have been magically cured of their autism when it turned midnight into their 16 year and were denied PIP.

I really don't hold out much hope

Thank you all

@Home77

I’m think they looked at the whole claim again but I can’t be certain as supercession was also mentioned - they said they were satisfied that nothing had changed .

I was in less than 10 minutes before they sent me out to print the decision and I was sent on my way !

ChristmasFlary PIP is a really tough process .

I’ve been to two tribunals now and it’s very stressful , but absolutely worth appealing .

FYI in case there's anything you weren't aware of
www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/extra-help-pip-entitles-you-to/

@PandasandPenguins congratulations, I know how you feel, it's just such a relief to be believed when you've told the truth all along.
Definitely treat yourself and DH and the dog

@McNeat Thank-you for doing what you do, I was amazed and awed when I took a relative to their Tribunal, it was the first time in the whole process of transfer from indefinite DLA to PIP that my relative was treated like a human being. The Judge said the evidence bundle was more than enough for enhanced rate of both components, apologised that we'd had to attend Tribunal at all and said had the DWP bothered to attend, he would have made them apologise to my relative too.

@BlankTimes that's really kind thank you. I've yet to meet someone who's been to appeal and didn't feel vindicated

PIP (DWP) - unbelievable. They are trying to ring me now, as they have to respond to my Appeal by next week. Now, the lady says they might be able to change the decision after all, saying something about 'new evidence' (there is no new evidence). Hmm.

It makes me cross the way they mess people around. they know they shouldn't take it away wrongly and Appeals will give it back. Not sure whether to take whatever they offer or continue with the appeal as might get a better award.

Thank goodness we have Appeals to keep this lot on check!

@PandasandPenguins Well done and Congratulations! (Seems weird saying congratulations for being unwell but you know what I mean!)
Getting my things together for MR at the moment. Had my enhanced care taken away, although nothing has changed- same old story isn’t it. It’s hopeful hearing outcomes like yours.

I nearly didn't click, as I'm still awaiting tribunal and I feel sick just thinking about it. Then I steeled myself and was going to drop you some helpful links and run.

And here's this amazing thread with all this helpful information AND YOU WON!

Thank you so much, OP. When I've stopped crying, I shall pick through all this helpful info.

I'm still prepared not to win though.

I meet the descriptors easily, can prove the assessor lied (I've submitted the transcript from my covert taping and have the DWP's internal records from a Subject Access Request under the DPA/GDPR). But I have a bad feeling about it. Oh well. Que sera sera.

That "thank you" is to all the helpful posters too, of course.