URGENT HELP PLEASE

Hi once again,

I am trying to make my appeal to the DWP to award me standard rate for both components for PIP, when previously after an appeal I was awarded enhanced rate for both components.

I have not completed an appeal application online before, and I only have 2 weeks to be within 13 months deadline following MR. I do have extenuating circumstances regarding this. However, the deadline is looming.

My question is:

"What you disagree with"

Do I just put that I disagree with being awarded what I was awarded for both elements of PIP, and then in the following box "Why you disagree" , can I just copy and paste my full submission, with potted history, etc.?

Any help would be hugely appreciated.

Thank you in advance,

Michala

Dear all,

Thank you LL26 for your reply to my previous post, I truly appreciate all of your help.

I am doing my best to get this appeal submitted as soon as possible but I am experiencing a significant deterioration in my physical health due to suffering from a cerebral spinal fluid leak, which is causing a low pressure headache, as well as additional symptoms that leave me feeling like I have dementia. I need to keep lying flat to help alleviate my severe headache. Unfortunately, I have no one to assist me with this, and have no time to find someone. So I am doing my best to battle through.

So, I have gone through the bundle I have received from the DWP following my freedom of information request, that equates to over 500 sheets. In this information I have found a comment in the DWP communications that states my medical assessment for my ESA is too old (which was a face-to-face) and so it says that they have just used the HP telephone assessment to make their decision. They have made no mention to the additional supporting evidence I supplied to support my claim. So, can I assume that they have made their decision solely on the HP's assessment?

When I requested a mandatory reconsideration I sent in a 20 page document pulling their original decision apart. Would this be sent to the tribunal or do I use this as evidence to support my appeal. The reconsideration decision, has what I can only state as shocking reasons for their "reasoning" if you can call it that!?!? So am I best doing the same again, like I did for the the original decision, or do I just explain what points I was awarded and why I disagree.

I have compared my original points awarded to the ones then awarded after my first appeal, and now the ones awarded this time. The appeal increased my points for preparing food, managing treatments, and planning and following a route. Although, I consider myself to have additional difficulties, am I best just focusing my efforts on trying to regain the points that I have lost, so that I can hopefully win my appeal?

Sorry for all of the questions but I am struggling due to my head to decide on the best way to proceed. Sitting in front of a computer screen, and trying to fill out a form online is incredibly difficult for me.

Thanks once again,

Michala

Hi,

Well I have some news...

I have heard nothing from either the DWP or the Tribunal Service since I submitted my appeal at 00.15 on 27th September 2022. This was the the final day of the 13 month rule, so I was certainly cutting it close to the wire.

I contacted them about a week later using the live chat because I had received no notification that my appeal had been received. I was given a link to track the progress but this failed to work. I've not been able to chase it up until last week when I sent an email, and received an automated response. Well today I received both a text and an email saying that the "DWP have changed their decision about my entitlement to PIP in my favour. We've therefore closed this appeal."

I am in total shock. I have since rang the DWP and it has been confirmed that my entitlement has been changed to enhanced rate for both daily living and mobility from standard rate until May 2024, and is being back dated to May 2021.

I have certainly learnt so much about how this system works and will definitely learn from the mistakes I made. I will be well prepare for when my entitlement is being reviewed again.

All I can say is a massive thank you to you all, as this is life changing for me. I have been without a car for over a year (as a had to return my Motability car) with a now 3 year old living in a rural setting, and due to my complex health conditions I am unable to use public transport. So I totally lost my independence.

So thank you once again, and I hope that my success will encourage others to pursue what they are truly entitled to.

Best wishes,

Michala