I’ve just got my tribunal appeal for PIP decision today and it was refused. I’ve been diagnosed with MS for 7 years and on plegridy which exhausts me even more so (exhaustion is not my only symptom). I’m well aware that just because you have a diagnosis doesn’t mean you automatically qualify for PIP. Is there any point in appealing to the Upper Tribunal. Has anyone every done this?
I don’t have any experience in appealing a PIP decision, but my feeling would be that even if you decide to appeal to the upper tribunal, make a new claim as well. This would be in part because of the time it may take and also that starting from scratch with the experience you now have might result in a ‘better’ claim and therefore a better result first time round.
I assume you’ve looked at (maybe joined) https://www.benefitsandwork.co.uk/ If not, it’s a good idea, they charge about £20 for a years membership but their members only guides are excellent.
Thank you Sue, I think I might go with your suggestions. I’m not a member of benefits and work but definitely seems worthwhile. I think I am going to go to the local money advice centre for help with the forms and potential appeal in the first claim and see if it gets anywhere.
Hi I’m so sorry you lost your appeal. I think you will have to put in a new claim as from what I understand you can only go to the upper tribunal if there is an error in law from the tribunal you have just been too.
I would put in another appeal or even a new claim starting again. Ask your neurologist, MS Nurse, Welfare Rights, your GP, any professional medical departments you have ever used due to you having ms e.g. Physiotherapy. I asked welfare rights even though I had never used them before to my knowledge.
My MS Nurse advised me that when filling in the application form, to answer the questions as if you’re the worst you have ever been even if you aren’t that bad now (you wouldn’t be lying).
Start again. Remember though DLA and PIP are not the same. PIP stands for Personal Independance Payment. I had my form completed for me by an expert. You have to prove the need for help. I even did a word table and in each row i typed the name of my aid and what i used it for with a photo. Its that precise or can be. You have to be virtually bed bound to get enhanced mobility or using a wheelchair. Its much harder then DLA.
I joined the works help thingy and i did their online test and according to it i would get enhanced in both and I did. I found it invaluable as it showed to me what they were looking for.
ALSO I had previously contacted my adult care people in the area who came and assessed me for direct payments i have had that for about 10 years on and off but now as i have my money from my home i dont qualify i have to pay for my own care, but they did a full care plan which I sent with my application which really helped I think.
You need to make sure you have every bit of paper from anyone who came or advised you, and make sure you are current with your neurologist and GP. You have to write it like you are at the bad point in your life as MS is very transient and can change from day to day so you need to pick the worse days you have been and go from that.
My first claim was also refused so I reapplied but got help from one of the organisations that help with benefits claims. The woman filled the questionnaire in for me and I was granted this second claim. It was all about the detail when filling it in, which was clearly evident when I read back what she had written for my responses. I’d always recommend to ask for assistance from “those that know” with any of these benefits forms.