PIP claim disallowed

Everyday living
1

Hi,

This is my first post here, although I have read post by others before. I was disagnosed with RRMS in June after a year of symptoms and a relapse in May.

After a long struggle I finally found out this morning when I phoned DWP that a decision was made on my claim for PIP on Friday, and they have disallowed my claim. I am gobsmacked, and devastated.

I never imagined they would turn me down flat, I thought I would get something. I was really counting on getting something before Christmas as I had to give up work in August due to my MS. I can’t believe it. I have a child and she has hardly anything for Christmas, I don’t know how I am going to buy Christmas dinner for us.

I was put into the ESA support group without a medical, and thought that might help my PIP claim. I don’t understand how I can be eligible for ESA support group, but get nothing under PIP?

My ATOS assessment was awful and I went in without understanding what they were assessing. It took ATOS until October, after having the assessment in July, to send the report to DWP. In November the DWP had to request a ‘supplementary report’, which was received on November 22nd. I was phoning them at least once a week and got my MP involved to help me get a decision.

My road tax is due at the end of this month, I was hoping to get money off that or get it free. I cannot get help from care & repair to get curtains up. And I can’t get the warm home discount either.

I don’t know what to do, I really need this help. Do they not know what they are doing to people? I should get my decision letter in the post tomorrow, and a case manager will phone at some random, unannounced, time in the next fortnight. I know I can ask for a mandatory reconsideration, but I don’t know how long that takes or how likely it is they’d change their minds, or if it still gets backdated to my claim date. As horrible as it was, I’d go for another assessment now that I’m a bit more informed. I did a self assessment recently on the benefits and work site and it said I should get both components of PIP. I was completely unprepared for this mornings news.

I’m sorry to go on, but I need someone to talk to to get all this off my chest, and maybe someone here can help with advice please? I just don’t know what to do, I had a list of things that I needed to pay for and buy with this money. All hope is gone now. I don’t feel like even trying anymore, I have physio today and my Avonex injection this afternoon, what’s the point of putting myself through all that. They’ve just made me feel worthless and undeserving and I don’t understand why.

2

I would go to your local Citizen Advice Bureau, to help you fill in the paperwork to appeal, this is more common than what it should be.

good luck

3

Hi There Pam16

Welcome to the MS Forum, it’s a really helpful place here!

You sound really quite upset, so I really wanted to reply to you as quickly as possible.

I have just returned from an appointment with an Adviser at CAB, specialising in most things financial. He helped me complete my PIP application from, which took about 2 hours - but without him I would have been stuck. I too have been put into the ESA Support Group without a medical, but obviously not sure of what lies ahead re PIP.

What I can say though is that I think you would really benefit from getting in touch with your local CAB office, where they will help you see what you are entitled to re benefits, as you are perhaps not receiving all that you are entitled to. They will also give you some help with your PIP Appeal which you should put in asap, as I have heard of positive results from Appeals, which I’m sure would be backdated. You also contact your Welfare Rights Officer in your local council, as they may also be able to advise/help you, and I’m sure there are benefits such as hardship funds too, so this may well be worth mentioning.

For someone just to talk to, you should perhaps contact the free MS Helpline on 0808 800 8000, or perhaps speak to your MS Nurse for some moral support.

I’m in a very similar position to you regards timing/type of diagnosis, so I do appreciate part of what you are going through. I hope that my few words give you some help and a little bit of support, and perhaps lead you in the right direction.

Thinking of you, take care,

Missylala

4

I am so sorry you are having a terrible time. I also suggest you go to Citizens Advice and also look at

take care xxxx

5

The others have given good advice about CAB and benefits and work.

I can see how you would have expected ESA support group to be an indicator of some sort of PIP entitlement but the emphasis for those two benefits is quite different and it would help to get your head round it before you start on your appeal.

ESA is only interested on how you can complete tasks that have some relevance in the workplace – standing, sitting, picking things up etc. They have no interest at all in how you cope at home, getting up, getting ready and getting to work are more or less of no importance. The emphasis for PIP is very different. It’s all about how you get on in day to day life, bathing, getting dressed, preparing a meal etc. People tend to be overly positive about their abilities in these areas. We all make adjustments and cope – get on with it – but for each activity you have to ask yourself if the way you do it is”normal”. I sat and chatted to a friend as she got ready to go out the other day and I realized just how many adjustments I make just to put on a pair of trousers. She did it in 10 seconds, standing first on one leg and then the other. I would have been flat on my face and yet it never really occurs to me that I have difficulties with dressing. I obviously do but I work round those problems until how I do it seems unremarkable.

None of this helps you with your current financial situation but it might help you with the question that ATOS ask.

Don’t let your appeal time limit slip away (28 days from the date on your decision letter – but CAB can ask for an extension if you are waiting for an appointment)

As for all hope being gone – it definitely is not. I don’t know the exact figures but a very high % of people win appeals. It’s absolutely worth trying again. Not getting your PIP award is not a value judgment on you – you just didn’t put the right information on your form, that’s all

Jane

6

Hi & sorry you didn’t get the decision you hoped for. I would have expected they would have tried to contact you to explain the decision. You can’t go straight to an appeal. You must ask the dwp for a reconsideration and give reasons why you feel the decision is incorrect. If you feel the reconsideration decision is incorrect then you must appeal directly to the tribunal service and not the dwp. The procedures for reconsideration & appeals have recently changed. There are timescales that you need to adhere to. Take care

7

Hi all,

Thank you so much for taking the time to reply to me, it means a lot.

I really get where you’re coming from Jane, you get used to doing things a certain way and forget you didn’t always do things like that. There’s also an element of not wanting to admit it to myself, let alone anyone else. It would be an eyeopener to see someone else get ready. There’s also things I just don’t do, I avoid them, so when I was asked questions about them I couldn’t really give an answer.

The assessment was a very unpleasant process, I felt a lot of things done were very sneaky and underhand. But I do know that some of the things I said should have given me some entitlement at least. Although I know I didn’t understand it all at the time, and with my memory and finding the right words for things, maybe I wasn’t as clear as I thought.

I’m waiting for welfare rights to get back to me. I think I’ll need to pop into cab as I can’t get through on phone. Thank you for all the good advice, I feel better knowing I can do something about it and that there are people on my side. It’s not fair how hard this is, I feel overwhelmed all the time but I know I’m not alone

8

Hi sorry if I’m completely out of order but if your out of work couldn’t you claim JSA and that would entitle you to housing benefit and you can do that on the phone today… I understand that it would be be better for you to be on ESA but it would at least help you out financially while you were sorting out . I have been long term on JSA as at my age 57. With MS I’m unlikely to get a job but I do keep trying. At least it will get you through Xmas . Hope you sort something out tc . Linda

9

You’ve been given all the right advice Pam. Keep going…don’t give up. It took me nearly a year appealing…even wrote to my mp. I got my appeal in the end. Good luck xxx

10

Hi,

Linda, I get housing benefit already because of ESA.

I’ve been trying to do some reading online today but I’m exhausted and not really taking things in so probably making myself feel worse.

Does anyone know, if the decision is changed to a positive one, will PIP still be backdated to my claim date? I read something that seemed to say it would only be back to decision date. Surely that can’t be right? I would be losing 6 months of money I was entitled to

Thanks again

11

Hi Pam,

My knee jerk answer to backdating is that a successful appeal causes the benefit to be backdated to the application date. However things change all the time and you have made me unconfident in my answer.

I’ve spent some time trying to research it but got nowhere. PIP is so new that there aren’t many detailed references and I’m not sure that the DLA info is transferable. That’s a very long-winded way of saying “I don’t know”

It wouldn’t be fair to only backdate to the decision date but I have stopped expecting fairness from this government.

Jane

12

Yes it will be backdated…my was xxx

13

Hi Pam Sorry I got confused I was thinking ESA was the same as PIP I am used to incapacity and DLA don’t understand any of it I’m really worried about my future at the moment I sign on every week and get a slightly higher rate of JSA as I’m on the highest rate DLA for mobility but I’m due to be reassessed in 2015 which I’m dreading I know I can’t manage my life without a car I’m also single so haven’t got anyone to help me with shopping etc. Anyway it’s not about my situation but yours at the moment I emphasize with you it’s not easy dealing with any of it and not feeling well. So keep fighting try to find a positive place in your mind and smile as much as you can t c Linda :slight_smile:

14

Hi Pam,

I’m sorry that you are going through this, I know how stressful it can be. As the others have said, please appeal and don’t give up.

When you fill in the form for your appeal, look through the reasons that they have given you for refusal, and if you don’t agree with what they have said, attach a letter saying why, referring to your application where necessary, and attach as much evidence as you can (even if you’ve already sent it in). They will then have to look at your application (and evidence) again before it can go to Tribunal. Believe me, a lot of people have been through this (myself included). It seems to me that they save a lot of money this was, as a lot of people will give up at this point.

When I first applied for DLA I was refused, and to be honest, it looked like they hadn’t even read my form (I’ve heard this numerous times since then). I asked to appeal and was awarded HRM & LRC when they reconsidered it (without having to go to Tribunal).

I know that CAB are spread a bit thin these days, but if you can get some help from them that’s great. The benefitsandwork site also has some useful guides on filling in the forms and appealing. It costs less than £20 a year to join and is money well spent in my opinion. If you can’t manage it at this time, send me a message and I’ll have a look for you.

Best of luck hun,

Mags :slight_smile: xx