PIP appeal (UK)

[As sweet as-pie]

Hi All,

I've just heard back from my mandatory reconsideration, surprise surprise! I've been rejected. However, it's not over yet. I've just written my appeal letter and gathered together a load of evidence to support my claim. It doesn't help the DWP that they told blatant lies about me when the truth is on record, so they've shot themselves in the foot there.

Has anyone had experience of appealing a PIP decision or know someone who has?
Should I seek legal aid either with a solicitor or a law centre?
And should I seek to get a representative from the citizens advice bureau or someone like NAS?

Thanks for reading! (I think this is the shortest post I've ever written )

 

[Divrom]

Hi,

I am waiting for my appeal date.

There are a couple of good facebook groups on the topic. Look for a group entitled, A1 ESA/DLA/PIP Benefit Help and Support UK ONLY

Most people that I've read on the topic recommend taking someone, or at least having letters of support from e.g. Community Law, Citizens Advice, etc. I will have letters from my Care Co-ordinator, Community Law and a statement from my partner.

 

[Judge]

It just pains me to see such things happen when it also occurs methodically on our side of the pond relevant to Social Security benefits. Whereupon being turned down so many seek the assistance of aggressive attorneys who often get more positive results out of government bureaucrats.

Though of course while I can't comment on the issues at hand in the UK, I'm glad you have Divrom and hopefully others here who can guide you on your next course of action.

 

[hutchie]

Don't do this your self, CAB or nas/autism services advisers know what their looking for and how to give them the information they need to assess you properly.

 

[Streetwise]

go to someone who does welfare rights, problem is solicitors like doctors are expected to be able to practice any area of law or medicine for gps,some do! some dont .
i went to a community centre that have a welfare benefits section i was appealing for e.s.a reinstatement , i appealed when it was d.l.a ,be warned! they will discover any interaction you had with government employees ,like passport services,they knew i had a visa for australia .
if you get a solicitor at a law centre thats fine ,if they do welfare benefits and are up to date


on pip

 

[xudo]

I can only echo others in saying don't go it alone! My Mum had to go through all this for ESA, and she did it with a solicitor. She was lucky that my Dad was a lawyer, so knew someone who owed him a favour.

My friend also went through this for PIP and ESA (she's HFA) and she used a local law centre as she wouldn't be able to afford the fees. I would definitely look at something like NAS, as even if they don't offer this service themselves they are bound to be able to point you in the right direction.

 

[StephF]

Go and get specialised help. Only specialists know the ins and outs of benefit laws. Citizens Advice, Disability Support people, lawyers. Otherwise they will screw you over.

 

[S0093679]

If you dont take someone, they take it as evidence that you can be independent. Simple as that.
Im about to go through it all again. I only just won my court appeal last year and now they want me to do it again, cos, ya know, we all grow out of autism. In a year.

Ahem, anyway, they use EVERYTHING as evidence in some way. Eg simply arriving at the medical venue was evidence that I could find my way somewhere, regardless that my partner drove, parked, walked me in and sat with me throughout. Simply participating in the interview was evidence I could communicate, even though I cried through most of it and couldnt answer the questions.

Yes they do lie. Write another letter addressing each lie with your rebuttal and send that to the court. Get prepared for your court case with every scrap you can gather. They gave me a real bashing in court. If you have cooked in the last week you wont get points, if you have had a conversation or travelled somewhere or taken your meds without being reminded..... get the point yet? Youll have to justify how you could do those things then but not any other time or why and how often you needed it. Its harsh. If you dont need help for at least half the time you wont get points, so that time last week when you had a good day for once, dont tell them that. Their job is to rake through it all and catch you out and we aspies who tend to tell the truth in minute detail dont stand a chance.

So..... take a representative and dont try to appear NT. You really HAVE to drive the point home about how you suffer, no holding back. I won with standard rate care and mobility. Let's see what happens this time.

 

[pjcnet]

My friend who was on high DLA in both sections (he has more than just aspies) got 0 points in both sections, the assessment was a complete work of fiction and as most people do he lost the mandatory reconsideration too. He went to the appeal tribunal and was awarded high on both so please do NOT give up as this is what the DWP want under pressure to save money (sadly lots of truly eligible applicants give up at this stage and this is totally wrong). Nearly all people win the appeal tribunal if they're genuine and at least this seems to be done fairly once you actually get there, the only major issue is you will lose your money for about 6 months until you actually go to appeal which can be very hard as you will be on basic benefit only (E.g. just ESA without any premium). You will get everything back paid afterwards in a nice lump sum, but this doesn't help you now. It is very very unfair I know, I would write a lot more, but we're not allowed to debate politics here.

When you win your appeal, and if you have aspies you will win some PIP at least, the DWP can still be total asses and it can be around a month before you get paid even then, they will often come out with total crap about possibly appealing against the appeal as they don't agree with it, but this barely ever really happens because at that stage they legally can't appeal against any facts of the case itself, only if there is an obvious mistake which is extremely unlikely (E.g. the points given don't add up to the correct value), so they have no other choice but to back down (it's like the DWP want to cause undue stress right to the bitter end, but if you end up in this situation try not to worry as at this stage it's pretty much in the bag no matter what the DWP say).

There are organisations that can help you appeal, yes one is Citizens Advice if you need help with paperwork, and there are charities that can help represent you too (phone around or get someone else to help you do this). I strongly recommended seeking help, please don't do this alone even if you feel that you are able. Having someone else to represent you also increases your chances of winning. I suggest you study the points system to see what you really should be getting and work your appeal around this, always consider what you are like on your worst day when deciding. Finally get as much supporting information from doctors or any other support professionals and submit this to be considered as evidence too, but don't give up if you don't have much as you still have a really good chance.

 

[pjcnet]

go to someone who does welfare rights, problem is solicitors like doctors are expected to be able to practice any area of law or medicine for gps,some do! some dont .
i went to a community centre that have a welfare benefits section i was appealing for e.s.a reinstatement , i appealed when it was d.l.a ,be warned! they will discover any interaction you had with government employees ,like passport services,they knew i had a visa for australia .
if you get a solicitor at a law centre thats fine ,if they do welfare benefits and are up to date


on pip

Unfortunately as far as I know the UK government removed the right for get free legal aid to appeal against welfare benefit decisions (I can't debate politics) and obviously if you're on benefits and have just had a large amount of it stopped you have no chance of affording a private solicitor, but this hasn't stopped the majority of people winning at appeal tribunals and there's various charities that will represent you instead.

 

[Streetwise]

so

Unfortunately as far as I know the UK government removed the right for get free legal aid to appeal against welfare benefit decisions (I can't debate politics) and obviously if you're on benefits and have just had a large amount of it stopped you have no chance of affording a private solicitor, but this hasn't stopped the majority of people winning at appeal tribunals and there's various charities that will represent you instead.

some solicitors are paid by the local council still but not as many as before they were culled basically .
they may also volunteer for free as in the grenfell tower incident .

 

[Dadwith2Autisticsons]

Good luck with your appeal! I feel you have the right attitude to win during the next stage. Their lies and denials seem to motivate you more, and with desire to then submit more. Compile as much witness evidence you can outlining your specific daily limitations and functional limitations, and submit that to a doctor or two, to make sure they know of that, as they can see only so much during visits, and you can only communicate so much. They then could document this in their updated reports. And yes, get a lawyer if able, and make sure they know in writing not only every lie the other side had made, and every word or action that showed bias and an attempt to minimize your condition, but every rule that they may have broken. From what I understand the British system is even more corrupt than the US SSA disability system. But, I have confidence you should win next stage, with the right evidence and an assertive lawyer, as they play those games to most, hoping claimants give up or run back to work.