PIP Tribunal

Best wishes Wonko.

 

I'm really sorry to hear the bad news @Wonko.

As you mentioned maybe being able to do a simple letter, is it worth asking for the statement of reasons for now, and maybe just a letter or phone call to the CAB to ask them to take over your case? From what I gather, they will literally take over all the paperwork if you want.

The CAB could potentially file an appeal to the Upper Tribunal on the grounds that the First Tier Tribunal made an error.

I'm slightly concerned ... if at all useful, please do give forum members the chance to brainstorm a way to get you help to win eg, maybe one of us with some spare capacity could act as a liaison to get the CAB out to you for a home visit, and explain in advance the difficulties caused in appointments by ME and Aspergers. Maybe then you could almost just hand them a copy of your file.

ETA removed some text and slight revision per @Wonko's edit below.

 

@Indigophoton

My apologies for slightly concerning you, the part of that sentence which you mention did has been removed, so as to avoid recurrence, it shouldn't have been there or survived content filtering.

 

That’s so bloody unfair... sorry Wonko...

 

No, I'd really rather you did if there's something we could help with. I'll edit my post to reflect your edit.

 

So sorry @Wonko. I'm sorry for the decision that was made and for the effects on you of having to go through that horrible process.

 

So sorry @Wonko

 

So sorry to hear this Wonko. If only the same firm and principles applied to each MP when they tried to claim expenses.

 

You don't have to apologise for concerning us, we are concerned (i think) because we've seen an injustice done to somebody we like.

I would slightly change the language to say that we are 'concerned' by what has happened to you, i.e. the concern is directed at the action of others, not you. There is also a willingness to try to help, while still respecting your wishes on how you choose to proceed.

 

Dear wonderful Wonko, I'm so sorry.
I wish so much better for you.
May it be so!

 

Hello - we regularly respond to Government consultations on welfare benefits, and survey people with M.E. to do this, so yes, absolutely. We have done this most recently for the NI independent review of PIP and the Work and Pensions Committee inquiry at the end of last year.

We also ask people to share their experience of applying for and/or receiving welfare benefits as part of our Share your story form.

Clare Ogden
Head of Communications and Engagement
Action for M.E.

 

I have just received the PIP tribunal statement of reasons.

Basically they have used the no medical evidence defense, stating that as I am not receiving treatment for ME it is self declared and therefore imply it is bogus.

They acknowledge my cognitive difficulties but give them no weight.

They make no real statements about my aspergers.

I could have sworn when I first read it that they acknowledged that I couldn't walk more than 50m repeatedly, and that in another place they said they accepted the HCPs statement that I could walk 50-200m repeatedly and reliably (which is why it jumped out at me) - but I can't find it again (will try later as that's a difference of 4 points, which would have given me standard mobility).

There's nothing really to work with, "medical" evidence which I didn't counter is the stated reason for their decision, but it's clear from the tone of the reply that they are of the opinion, and the fact that it's taken 6 months to get one, that ME, MCI and ASD are trivial conditions and not deserving of any award on that basis alone.

The DWP did have a representative present.

 

I'm sorry @Wonko . Reading this kind of stuff is like being kicked in the teeth all over again.

 

Found it

(That's the end of that paragraph and section - I haven't cut the end off)

but they still decided that

was more applicable than

when they accepted that I would have "limitations" doing so reliably and repeatedly.

That's the difference between a PIP award and no PIP award and the value of that, in this case, would be £22.65 a week - since June 2017, not what I feel I should be getting, by a long way, as I think I qualified for at least standard rate on both living and mobility, but still, £1450 or thereabouts, of money that they should have paid me, that they haven't.

So I'm puzzled.

ETA - and my head hurts.

 

There is the upper tribunal, but it has to be done in 28 days, from when they say they sent the SoR, and has to be on a point of law, there is no way I could manage it.

Most of it is illogical, they criticize me for giving such detailed responses and say this indicates a far higher level of function than I am claiming, when I'm not claiming to be a vegetable, then say that they couldn't understand my responses - so which is it?

They say I made a claim for all descriptors, this is not accurate.

They say I criticized the HCP's qualifications, this is not accurate, I said I didn't consider a paramedic was best qualified to assess someone with ASD, MCI and ME.

etc.

But as far as I can see, no 'legal' errors, and errors of fact is not an error of law.

ETA - and the upper tribunal, if they found for me, would simply direct that my case be looked at again, they wouldn't make a decision in my favour resulting in an award. They simply decide error of law or not.

I could re-apply for PIP, theoretically, but the only reason I got DLA was a years long campaign by people to help and support me, I didn't get on the first, or the 5th, go, it took 6-7 years.

...and I'd be dealing with the same people, in the same system, as I've spent the last, well, nearly 2 years, 18+ months anyway, battling, with help, and losing, with no help.

It's not doable - at some point, probably soon, it's overdue, I'm going to have a similar battle with ESA or probably UC

 

So sorry wonko, the system is just terrible at the moment.

My tribunal experience was terrible too. They graciously accepted my diagnosis of ME/CFS though which was very kind of a judge, long retired GP and ‘disability expert’. Clearly the experts in diagnosis.....

 

I had a terrible time with the transition from DLA to PIP and lost a lot of money but going from incapacity to ESA went smoothly. The system is truly awful but part of that awfulness is the uneven way they judge each case so there’s always the chance of next time being better. Obviously the opposite can also be true but I really do think it’s worth trying again if you feel you can cope.

There’s a Facebook group that helps specifically with ME/CFS benefits, I dont know if you’d found that already but I can send you the link if you’d like.


(Sorry for double post mods)

 

Last time ESA couldn't really have gone better, I got 3 years in the support group with a recommendation that I was unlikely to improve, in the current system that's the equivalent of a lifetime award, you simply can't get a longer award.

That 3 years was up in June.

The report from that assessment was submitted as evidence for PIP, they stated that it had no relevance as they say it said that I was unable to adapt to change and that this was the reason I had been put in the support group. That is not the only thing it said, it covered my ASD and cognitive problems, which are directly relevant to PIP Living.

But......they don't see it that way.

If it's okay I will think about the link, I don't do facebook, and with other things I am over committed ATM, and this seems like an unwinnable battle, even if I had the resources, which I don't, because....life is happening.

But I will think about it when my head clears, or at east when the mining team currently operating in it go to off shift.

Thank you.