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Pip Tribunal help

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#1 Sun, 13/10/2019 - 14:34
Just_charley
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Joined: 13/10/2019 - 13:40

Pip Tribunal help

Hi Everyone,
I am in need of advice.
I have been a CH sufferer for 26 years. I was originally awarded DLA for life but when it changed to pip I was awarded no points. I asked for a reconsideration which came back with 0 points. I now have my tribunal on Oct 22nd and have no clue what to do. I contacted the brain charity months ago but had no help. What evidence can i send? I also have anxiety and fibromyalgia.. I am so lost, nervous and jist no clue where to begin.

Thu, 07/11/2019 - 10:03
Val
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Last seen: 3 days 16 hours ago
Joined: 21/03/2012 - 15:16

Hi Charley

I went through the same experience as you and took the DWP all the way to tribunal , at which point I saw my MP and he and his team helped me get full award in both components.   It seems to me that the DWP just score us 0 in the hope that we will give up and go away, but the success rate at tribunal/appeal is high.  I'd suggest you contact our employment/benefits expert, Jason, on rights@ouchuk.org .  Here is some general information on PIP: 

PIP GENERAL ADVICE NOTES

PIP is Personal Independence Payment, which is gradually replacing DLA [Disability Living Allowance].  Those at present on DLA will have to apply for PIP; they will be contacted direct by DWP [Department of Work and Pensions] when they need to do this.

New applicants should be aware that CH is a disability and there is case law in the Employment Tribunal that states that it is indeed a disability.  Hood v London Casinos Management [2002].

A general overview of the application process is that you complete an application form based on 12 daily activities and two activities associated with mobility.  It is a tick box form with space for you to add your own comments.  What the DWP want to know is how your CH/TAC affects your ability to carry these activities, and to assess if you can carry them out safely, repeatedly, to a satisfactory standard and in a timely fashion.  Also your health condition must affect your abilities at least 50% of the time.   Once you have submitted your completed form, an appointment is arranged for you to be assessed by one of two agencies who the DWP use for this purpose.  They may be a health professional, they may be someone who h as no medical experience but has been trained by the agency concerned to carry out the assessment.  If your health is such that you cannot get to an office of the DWP for the assessment to be carried out you can ask for it to be carried out in your own home.  The questions they ask will be based on your answers in the initial application form, take about 45 minutes.

You will then hear from the DWP within a stated timeframe [there are notes that come to you with the initial application form], with their decision.  The decision is reached by points awarded for each of the answers you gave on the form, backed up by the assessment report.  If you do not agree with that decision, you can then ask them how they reached their points score [again details in the info with the original form].  If you disagree with their decision, you can then ask for a mandatory reconsideration of your case [again details in the DWP info with the initial application].  At any stage following the first decision you can ask for a copy of the PA4 report – this is the report written by the assessor you see either at an office or in your own home.  If you do not agree with the decision following mandatory reconsideration you can then apply to the Court Tribunal Service to appeal the decision. 

The Brain Charity www.thebraincharity.org.uk in Liverpool can assist with all parts of the process.  Also Benefits and Work on www.benefitsandwork.co.uk which is not linked in any way to the DWP.  Disability Rights UK, is also very good with advice.  It is also suggested that you contact your MP, several sufferers have found them very helpful.

These are just general informal notes on the process and give no guarantee of success or otherwise in an application for PIP.  Also OUCH(UK) is not able to act for or represent members in the application process, or at tribunals.  

Sorry for the delay in replyl, I have been offline for a couple of months! 

Val

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