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PIP refusal... then PIP SUCCESS - Page 3 - Carers UK Forum

PIP refusal... then PIP SUCCESS

All about money
73 posts
Update...
Gp is very supportive of PIP claim and suggests we wait for tribunal to ask for report which he will happily do. He says DWP may change their decision before the tribunal date. Anyway Saturday morning I get tribunal confirmation but no date as they are giving the DWP 28 days to respond, so still waiting and on same day I get a letter saying I do not qualify for CA, as OH not on DLA or PIP! so will re apply if he gets it. but CA only gets backdated 3 months. and the weekly amount will be deducted from our joint claim of ESA support group payment! crazy to me, I did a benefit calculator thing and it doesn't make a difference if I claim income support and CA and he claims ESA. So still waiting for PIP to be sorted, Gives me headache just thinking about it.so much paperwork !!!!
Oh and does anyone know... as I get a DLA lower rate living award will it affect the CA? can I get both? I would gladly give up my £21.55 a week if it meant we were better off with ESA and OH PIP.
See headache stuff :unsure: :unsure:
There is no reason why you can not have DLA and CA at the same time. My late brother in law and his wife both had high rate DLA care and mobility and CA each for looking after each other. His needs were totally different from hers. It was challenged a few times over the years, but they always won their case(s) and had their money backdated.

Although the rule is that CA can only be backdated for 3 months there are exceptions to that rule and I think your case would be one of them.

Keep us posted, and good luck.xx
thanks poppett, I will do, I rang tribunal the other day for update on a date and was told they are waiting for DWP to send paperwork to them and me, so it's DWP holding things up at moment surprise surprise!
I will be ringing them after the bank holiday, I am abit fed up with this long drawn out approach they have but will not give in.
Hi All
New to forum but hope I can be of help.
Petal your PIP review is called a Mandatory Reconsideration, it is highly unlikely the DWP will contact your GP as they say the onus of proof is yours. Most people believe that by simply telling them of a medical condition the award would be straight forward, this is not the case, it is about the assistance the person requires with mobility and care that is considered alongside the medical condition. if you do need to appeal you must do so within 28 days after you receive the MR of which there will be 2, YOU MUST send 1 of them with your appeal, the form is SSCS1 and can be found online and is a downloadable Pdf. Once you receive a reference number from HMCTS you can supply them with any evidence that you have including that from the GP. Once you have been given a date for the hearing you will be sent a bundle of papers. this includes all the evidence from the DWP and yourself. I would advise you to seek representation for the hearing as PIP rules are much harsher than DLA and have absolutely nothing in common with an ESA50 form or Work capability assessment yet the inclusion in support group of ESA is in your favour. Do not turn up on the day with loads of extra info as this will only cause the hearing to be adjourned.
Hope this helps
Madfloyd :woohoo:
Sorry Petal posted last reply before seeing page 3 of forum. You can claim CA and still get your DLA as DLA is not means tested. However you may find you are better off getting the carers premium with the ESA rather than CA this too can be backdated. good luck with the math.
Madfloyd :geek:
Floyd_1504 wrote:Hi All
New to forum but hope I can be of help.
Petal your PIP review is called a Mandatory Reconsideration, it is highly unlikely the DWP will contact your GP as they say the onus of proof is yours. Most people believe that by simply telling them of a medical condition the award would be straight forward, this is not the case, it is about the assistance the person requires with mobility and care that is considered alongside the medical condition. if you do need to appeal you must do so within 28 days after you receive the MR of which there will be 2, YOU MUST send 1 of them with your appeal, the form is SSCS1 and can be found online and is a downloadable Pdf. Once you receive a reference number from HMCTS you can supply them with any evidence that you have including that from the GP. Once you have been given a date for the hearing you will be sent a bundle of papers. this includes all the evidence from the DWP and yourself. I would advise you to seek representation for the hearing as PIP rules are much harsher than DLA and have absolutely nothing in common with an ESA50 form or Work capability assessment yet the inclusion in support group of ESA is in your favour. Do not turn up on the day with loads of extra info as this will only cause the hearing to be adjourned.
Hope this helps
Madfloyd :woohoo:
Petal's already had 2 MRs which is why she's at the Tribunal stage.

The main reasons for a PIP refusal are:

1: Poorly completed & or incomplete application forms.
2: Not understanding that PIP is different from DLA.
3: Thinking that ESA will guarantee a PIP payment.
4: Not using all available measures to help your PIP application.
5: And by far the most difficult, is not understanding the 'system'.

N.B. All forum members. Please do not take the above as personal criticism, it's just advice from someone who's been part of the 'system'.

I would advise anyone who is not au-fait with the 'system' to seek expert guidance.

Stop thinking about the medical condition & concentrate on what care needs it causes for the caree.

Whilst PIP is stricter than DLA in some respects, it's also better to some degree since with PIP you only have to show that care needs exist at some point in the day as opposed to DLA which required the care need to exist for the majority of the day.

I would also advise anyone who cares for someone with dementia, TBI or any cognitive impairment, to apply to the DWP to be the caree's appointee because this means that you will deal with all the paperwork & will be a formal person during the assessment (& Tribunal in the event it gets that far) & will be able to answer questions on behalf of the caree.

Remember, the DWP Decision Maker doesn't know you or your caree so you have to paint an accurate & comprehensive picture for them. It's a bit like you having to buy a car based solely on what someone tells you about it.

https://www.gov.uk/become-appointee-for ... g-benefits

http://www.carersuk.org/forum/support-a ... test-22398
hi madFloyd and caravanj, I have sought advice and am going to tribunal, waiting for a date, our GP is quite happy to give a report on OH condition and how his life is, So if what you say is correct about it being my responsibility to prove how he needs to be cared for I will pay gp's fee for report, but gp is under the impression DWP should contact him.
Confused now, we have the support co ordinator coming on Thursday so will ask for her assistance.
thanks for the advice.
My closest friend used to work for DWP. There are so many tribunals recently that they are struggling to do the paperwork, as it needs to be done by an experienced member of staff - and they got rid of lots of them!! Might I suggest that to support your evidence, you do a 24 hour diary of everything, and I mean everything, you do for OH. Answering phone, pumping up pillows, putting out the dustbin, cutting up food, writing forms etc. etc.
Petal wrote:hi madFloyd and caravanj, I have sought advice and am going to tribunal, waiting for a date, our GP is quite happy to give a report on OH condition and how his life is, So if what you say is correct about it being my responsibility to prove how he needs to be cared for I will pay gp's fee for report, but gp is under the impression DWP should contact him.
Confused now, we have the support co ordinator coming on Thursday so will ask for her assistance.
thanks for the advice.
Hello Petal,

My wife's PIP claim consisted of:
1: The claim form.
2: Supporting evidence from her GP.
3: A home visit from an ATOS assessor.
4: The DWP decision.

The claim form had to paint a picture about my wife's day-to-day living in sufficient detail that the reader would have that picture in their head.

The GP merely confirmed that she had the medical conditions listed in the claim form &, presumably, express an opinion about the general effects of these conditions.

What her GP can't do is to give a categoric statement about precisely how she's affected since he doesn't live with us & doesn't see what care she needs as everyone's needs may be different even with the same condition.

The only person who can do that is me since PIP is awarded on the basis of care need & not medical condition so yes, the onus did fall on me to provide ASTOS & the DWP with sufficient evidence to support her PIP claim.
caravanj wrote:
Petal wrote:
Hello Petal,

My wife's PIP claim consisted of:
1: The claim form.
2: Supporting evidence from her GP.
3: A home visit from an ATOS assessor.
4: The DWP decision.

The claim form had to paint a picture about my wife's day-to-day living in sufficient detail that the reader would have that picture in their head.

The GP merely confirmed that she had the medical conditions listed in the claim form &, presumably, express an opinion about the general effects of these conditions.

What her GP can't do is to give a categoric statement about precisely how she's affected since he doesn't live with us & doesn't see what care she needs as everyone's needs may be different even with the same condition.

The only person who can do that is me since PIP is awarded on the basis of care need & not medical condition so yes, the onus did fall on me to provide ASTOS & the DWP with sufficient evidence to support her PIP claim.
Hi caravanj it would appear by your 1,2,3,4 list your wife's case was dealt with very well and sucessfully, I have however been with my OH through ever stage so far, and just to say from when we put in his claim in October last year till January this year his condition has deteriated, so is that our fault that the decision makers have not taken this into account? I think not!
As for Atos it's money for old rope.... they stick to a one script fits all and sorry it does not, I may read as being defensive yes I am, as these people do not have the knowledge or experience of dementia in early stages, and why should we have to pay for medical reports to explain OH changes in cognition and memory when DWP should request details from GP? now someone here has said the onese is on me to give body of proof of how much OH needs help... ok so if i write a diary of everything would that be taken into account? who knows? as Atos sure did not ask what I do in a care copacity above and beyond my normal 24/7 role as his wife!
Sorry for the rant but it is about time some HP listen to the carers! And the DWP/PIP decision makers make claiming less stressful, making it such a long drawn out affair may cause so many just to give up their claim, well not in our house.
73 posts