Appealing PIP decision

[Pegs11]

Hi, just wondered if anyone has gone to tribunal for their PIP. How long did it take after you sent off your form to get a decision? We have waited a year already from first applying and that’s even before we’ve sent our appeal form off. I have heard it can take up to another year to get a tribunal hearing, which means two years in total of waiting. Is this normal? It seems insane.

Also, what if you aren’t well enough to attend the hearing, even by phone or video call... or if you are unable to answer any questions because you feel too ill or anxious or get brain-block?

Thank you.

Please understand that you haven't done things wrong! You're dealing with dishonest people! They wanted to stitch you up from the moment your application hit their desks. They were always going to lie and ignore what you've said. They were never going to treat you fairly or do the things they're supposed to do re getting medical reports – but they'll happily mislead you into thinking they will.

THIS IS NOT YOUR DOING OR YOUR FAILURE.

The tribunal, on the other hand, may try to treat you fairly. It's worth you doing the job the DWP failed to do, and getting the reports from the clinics, because you can increase your chances with those.

But you followed the instructions the DWP gave you – what else could you have possibly done until you realised what scum they are?

I really feel for you. Been there, done that. Dealing with the DWP is soul-destroying.

You can’t do a second mandatory reconciliation. You could start a new claim.

I agree your focus should be on the tribunal.

New evidence can be submitted up till that date so get those letters and reports from clinics, for the tribunal panel, asap.

Get your MP involved to advocate for you about the ridiculous delay.

I wish you very good luck. It's a dreadful system.

It’s such an awful process, do not give up OP, keep going and follow it through, you will get there in the end, you have nothing to lose, don’t be fobbed off. Good luck, keeping everything crossed for you.

Thank you so much everybody for the really helpful advice and for your support xxx

I feel for you. I've been there too, and can only reiterate that the assessors do lie. I had an esa assessment that was recorded and still they lied, many times, and refused to acknowledge that they did or apologise. I went to appeal and won. There should be a doctor or similar at appeal and they will listen to you.

Look up Fightback 4 Justice (I think it's called that) on fb. They'll talk through it all with you and for a fee fill in your appeal papers and attend the tribunal with you.

Agree with previous posters, benefits and work are also good for info.

I waited 18 months for my tribunal.

Good luck.

Here it is.

www.benefitsandwork.co.uk

A lot of the site is open access, and/or you can become a member for about £20 a year and have access to members' guides.

Lots of up to date news, forum chats, info.

@JamieLeeCurtains thank you so much, this is so helpful. I really can’t thank you, and everyone who’s posted here, enough for all the support. I haven’t had much of it in the past! So it really helps x

Hi. Like you, my son's MR was rejected with huge numbers of inaccuracies. I used Fightback4Justice and they filled in the appeal form for me. We've just got PIP with no tribunal. I really recommend Fightback. Pay for their VIP membership as then you get to speak with someone fairly quickly.

Thank you @Flyingarcher, I will do that.

I don’t know how these PIP assessors can live with themselves.

The actual assessor guy was ok but failed to put down that son had to ask him to repeat his questions several times.

This seems wrong to me, for it to take so long.
My yd had her PIP reassessed after advice from someone from her surgery. She felt she should get the mobility element and a higher daily component. She had the assessment within 2 months, took another month or so to get the determination where they said she wasn't eligible for either!
We got together some letters from her consultants, and I went through the determination and wrote a huge list of everything that was wrong with it. She got her new determination within a month or so and they reawarded her the daily element and the low rate mobility.
It was incredibly stressful, but I was furious they basically called her a liar, and the assessor also lied about some things which didn't happen in the room. I'm always with her for these as she has anxiety and can't do them alone.
I hope you get it sorted soon and it's in your favour.

@flyingarcher if someone drives and also works it's extremely hard to get a report through with scored points
As it's seen through PIP driving means mentally you can plan and follow a journey, can make decisions and multi task. Physically you have grip to steer the wheel, dexterity to put the key in, neck movements to check traffic and leg movements to use the pedals and also get in and out.
Working is generally taken to mean one can socialise, again can plan and follow journeys, have reasonable cognitive ability and AVE physical ability to get from the car park, bus stop, upstairs etc
Make sure any adaptations to cars are explained

Oops hit send too soon

Make sure car adaptations are explained, make it clear what journeys at done and why, explain jobs fully and any adaptations to roles

[quote Elmo230885]@flyingarcher if someone drives and also works it's extremely hard to get a report through with scored points
As it's seen through PIP driving means mentally you can plan and follow a journey, can make decisions and multi task. Physically you have grip to steer the wheel, dexterity to put the key in, neck movements to check traffic and leg movements to use the pedals and also get in and out.
Working is generally taken to mean one can socialise, again can plan and follow journeys, have reasonable cognitive ability and AVE physical ability to get from the car park, bus stop, upstairs etc
Make sure any adaptations to cars are explained[/quote]
I was trying to think what someone might score points on when being able to drive independently and work.

Hi @Elmo230885, I have a car and can drive (sometimes) and they indeed did use that against me in their report.

But they completely failed to take into account that my condition fluctuates and that sometimes, maybe two weeks out of every ten, I CAN do normal things like drive and see my friends. They clearly had no regard at all for the fact that for the other 8 weeks I can barely climb the stairs.

The criteria for PIP is that you must be able to perform a descriptor less than 50% of the time, so therefore I do qualify. But it would appear that in reality they don’t follow their own criteria. So I shall be mentioning that in my appeal letter, along with the many other ways in which DWP have treated me unfairly.

What did the assessor put in the variability box? Did they accurately document the fluctuations?

@babyroots I think a situation where someone works and drives independently would rule out mental health, cognitive and sight problems being scored for. Physically someone could have a hand controlled car, allocated parking near work, adapted desk, adapted duties etc so potentially would score on PIP descriptors, ERM ... Trying to think of something else ... Hearing loss, someone who is profoundly deaf could drive and work but still score for PIP.

Hi. I was McNeat on the previous thread PP posted.

If you start a new claim it will be considered a closed time limit. So tribunal can only award for the time between claims.

No point going to your MP. HMCTS won't bump you up the list. This is a legal point. Not a 'I want to queue jump' point.

Wait it out for tribunal. Request your GP records and specialist letters & documents for 1 year before your claim to date. Then send it all in.