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Thread: Should I appeal?

  1. #1
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    Should I appeal?

    Hi Guys, long time no talk, how are you all?

    Recently got my PIP award back, they've taken mobility away from me. Their reason being I don't take anxiety medication therefore I can't have severe anxiety (???). I'm very limited in terms of what mental health medication I can have due to my physical health issues, and according to the hospital pharmacist can only have two anti depressants, one of which I'm already on (they spoke with the psychiatrist when I was inpatient for my asthma). I'm not sure what to do here. Objectively the physical act of walking has gotten worse (I am waiting for a KAFO and walk with a cane despite the issues it causes in my upper body), and the mental health side of things is also worse. I also struggle with anxiety surrounding leaving the house in the context of if something were to happen with me (e.g. falling over, I can't get up by myself). Not sure what to do? Should I just leave it as they've kept my daily living rate the same? I got 19 points on daily living and 4 for mobility (in the moving about section, none on the journey part, which is strange...).

    Thanks for any help.
    Last edited by gone; 09-10-21 at 10:56.

  2. #2
    Senior Member nukecad's Avatar
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    You should ask for a Mandatory Reconsideration on the grounds that whether or not you take medication for a condition is irrelevant.
    Even so, explain again why you are not taking it.
    (And talk to an advisor about appealing.l if necessary).

    This argument of:
    "Doesn't take medication for it - so doesn't have it"
    has no validity at all but they keep trotting it out.

    The DWPs own Advice for Decision Makung (ADM) for PIP says that whether or not you are taking medication for a condition should not normally be a factor.
    But the assessors keep trotting it out, and the DMs keep accepting it.

    Tribunals know it's bull (we all know it's bull).
    It's one of the many reasons the DWP keep getting overuled at tribunal.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #3
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    That's what I thought. That and they gave me some points elsewhere for my mental health (e.g. making complex budgeting decisions; various other places as well, can't wait to read the report..lol). I got four points before for a total of 8 before, aka apparently needed prompting to leave the house (nevermind the fact I don't leave the house without someone else with me due to distress and disorientation it causes, plus all the other issues!), but I left it as I got an award and at the time couldn't be bothered to appeal as I wasn't sure how to go against it. But this time, they think I don't even need the measly prompting anymore?! It's a joke! If it had stayed at what it was before I would've been bothered due to how much my walking ability has deteriorated, but to not get it at all is a kick in the teeth.

  4. #4
    Senior Member nukecad's Avatar
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    Try the MR.

    If you do have to appeal to the tribunal then I suggest that you should get some advice to concentrate on the relevant issues.

    It's too easy to get annoyed about things that are not relevant, we all do it.
    But you need to concentrate on the relevant things which is where an advsor can help foucus your mind.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
    Senior Member gus607's Avatar
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    Should I appeal ? You ask.
    Yes, you should certainly appeal, MR then tribunal.
    Good luck.

  6. #6
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    If I go to MR, should I point out all the other places they docked me points too? For example, I have a lot of difficulties with my hands, so much so in my last PIP assessment (not this one) I dislocated multiple joints trying to do the physical things she wanted me to do. She agreed that I can't cut up food (because I can't), yet didn't seem to understand that hands with easily dislocating joints are also not really able to wash hair. I cannot wash my own hair. Should I point out things like this too? Should I just point out the planning and following journeys one? I dunno what to do.
    Last edited by gone; 11-10-21 at 17:27.

  7. #7
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    As you got enhanced daily living I would not bring those points up as you can't improve the outcome. Just concentrate on the mobility.

  8. #8
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    So as much as I know they're wrong I'm too anxious to ask for an MR, which is kind of ironic. I got the PA4 report back and they've basically decided that I don't have any physical disabilities except for with walking, even disregarding their own previous reports in favour of a GP report, which purely talks about my mental health apparently. This GP hasn't known me long and therefore doesn't know the ins and outs of my disability which I guess is my fault for not educating. I think I'm just gonna have to deal with less money for the next few years even though I'm entitled to more. Will probably have to educate my GP on my limitations too so she can understand and make more accurate reports. It's just kinda frustrating you know, but it could've been much worse so really I shouldn't complain!

    And it isn't lost on me that they removed mobility because of the fact I'm not on medication, yet in their own report it says I can't be on mental health medication due to side effects...

    Ah this is a mess. I truly don't know what to do, but anxiety is causing me too many issues so as I said I (probably) won't do anything.
    Last edited by gone; 16-10-21 at 18:42.

  9. #9
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    It is always risky business when you've got some sort of award to ask for a review.

    I have had to appeal two decisions in the last five years in which I got 2 points on each of the applications for PIP, to then get 22 POINTS at appeal. For encouragement, I am pretty fortunate now as I have a 10 year award and they wrote and said it will be a "soft check in" next time round.

    When I did all of this they picked up on so many things - the fact I came on my own - pathetic.

    But everything changed at appeal, WHY? Because I learnt how to play the system with evidence - don't be lazy with evidence and completely overwhelm both the DWP and any potential appeal. I went to my doctor and i basically told him what I wanted on that letter and he was more than happy to write it. I got friends to write on my behalf. There's a question about money, I got my parents to tell them I was skint and attached a bank statement. I would never advise lying - but sometimes you have to play them at their own game.

    You talk about anxiety, I got my doctor to write that on the letter. I wasn't on medication for it.

    Get a letter from your doctor. Read about descriptors - how would your mental health and anxiety affect your mobility and travelling round. Say how you would need to get a taxi rather than public transport as it's overwhelming, etc. Don't just say "I have anxiety", explain what it does.

    For reference, on my second appeal the appeals service described the DWP as "menacing" that twice my points change dramatically.

    Doctors note, examples, friends letters, parents statements, examples.

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