Pip Appeal

Hi Everyone,

I helped my ex to apply for PIPS in May this year. He has several disabilities and is a self employed car mechanic/repairer. He is 60 in December.
He has had Asthma for 35 years and is at an all time height now. He has muscle wastage to left arm due to compression of nerves in upper spine. Then he has knee damage caused by untreated bursitis. Rheumatism has now set in and swelling to knee is making walking without pain near impossible. He cant take up an operation for his knee as we will lose our home.
He has to work. I am already a full time carer to two other family members with Autism and dementia so I can't work either.

Capita have 3 times refused to see him. First time they cancelled 40 mins before the assessment saying their laptop broken. Next time as he was a bit late for appointment they refused to see him. The final appointment, they simply turned him away saying they had rebooked another as they now had all the medical info to make a decision. Of course we thought this would be an award but it wasn't.
They said he scored zero in every area.
They ignored all the answers to questions which I helped him to fill in using this site's guide.
They made assumptions that he could walk 100 metres. He cant. He;s in agony after a few yards and because the whole left side affected cant balance a crutch. He is breathless too despite steroid treatment for Asthma.

During his work he had his leg trapped between bumpers because he could not move away quickly enough from a rolling vehicle and he nearly crushed himself when he couldn't recover a toppling motorbike.
We asked for a re consideration but they simply regurgitated the capita decision. We asked for the evidence that they had to have got it so wrong..NOTHING
He asked that I be made appointee.. No acknowledgement or response except to say that he could go to tribunal.
My question is? Why do you even need to fill out the form if they simply say the reverse to your responses and how could they make a decision without assessment?
Finally, With all the CT scans Mri's and hospital confirmation letters of his conditions were they ever able to say he did not qualify. Is this even lawfull?
How do I move forward to get the decision corrected and which experts do we need, if any, to do this.
My experience of the DWP in the past have been very bad. Denying my dad his Pension Credit without reason too.
Please could someone advise me.
Thanks,

Hi Gordon,

Thanks for your reply.
We wrote to them for the reconsideration and they listed their methodology as documentation not providing evidence! However, they talked of consultant's notes for his knee and there wasn't one involved. (Only for his arm and vertebrae/nerve conduction assessment.) Also the asthma nurse deals with his asthma! GP referred for knee X-rays and then the GP reported the findings and ultimately said knee required an op. So I don't feel Capita was accurate/true in this situation. I sent in letters with the original application that the hospital supplied to us but that was it.
DWP just cite no evidence. That's simply untrue.

I spoke with a social worker on Thursday who is trying to help me cope with my son's autism as well as my ex's disability. She is putting together the assessment regarding his difficulties, disabilities and the personal care and safeguarding that I provide. She says this will hopefully help too.
This will take a few months so I was going to start the appeal to the Tribunal.
Would it be wise to write to his GP for information as to wether he did supply any evidence?
I know that visiting the GP in person is not an option for my ex at the moment as he has such social difficulties.
Finally, will the tribunal take a long time to be heard and if so can I also submit a new claim whilst waiting for the hearing?
Following a fall at work yesterday his knee is so bad now that the joint has become horrendously swollen. He can only have one more steroid injection now.
I think the knee problem is getting to an absolute pitch and he is fast becoming crippled by pain within hours of waking in the morning.
I could scan in for you, the reasoning of the DWP to see if they have jumped the gun with assumptions and not fact but it is simply a list of refuting our statements and also that we did not provide any further evidence for the mandatory reconsideration.
They have also taken no notice of the request for me to act on his behalf in this matter.
I didn't realise that I needed to obtain further evidence at this stage as I wanted to know what they were basing decisions on. Nor did I know from whom to request it as they suggested on the decision letter that they had it all!
With missing evidence how on earth could they afford not to see him?
Hope you can help me through this difficult situation.

Thanks again,
Jackie

Hi Gordon,

Yes they know he is working. They have made assumptions about the fact that he works and his communication abilities. However, his job is now putting him at risk. I'm not sure how I prove this. I could try asking the chap that shares his garage to submit a report about how he helps him. I also have photos of the disarray in the garage as he can't keep it clean and clear.
It is so frustrating not being able to get the right information/proof as C can't cooperate. he is slipping into a learned helplessness mode.
Visiting the GP is such a trial for him to achieve.
If I reapply for PIPS can we still continue with the appeal?
I'm thinking reapplying will be less hassle.
Thanks jackie