This is the 1st time that I have posted on the forum. I am 38 and have RRMS for about 9 years now. In march 2015 I applied for PIP as a lot of people including my specialist nurse that I would be entitled to this benefit.
I was always brought up with my parents saying, specifically my father saying that you only get out of this world what you put into it. I am electrician by trade and up until 1st symptoms I was working flat out 5,6 maybe 7 days a week out on site installing. So claiming a benefit seemed wrong to me.
Anyway I had my PIP assessment and it came back with a standard rate of daily living and zero points for the mobility component. I have difficulty getting dressed, doing buttons up, shoes on etc. Also have difficulty with bladder control and gripping and cutting with utensils. … Im sure you all know what I mean. With the mobility part I have difficulty with walking. I’m not saying that I cant walk but when I stand from sitting there are issues with discomfort and stability in my legs from the outset and I trip, stumble on average two or 3 times day.
I took the decision by the DWP to HMCTS to claim against this unfair decision. They awarded me 10 points (standard rate). My argument is that although I can walk, there is pain, discomfort and stability issues from the outset so that should mean that 12 points and the higher rate 12 points should have been awarded, regardless of the distance, as all of the mentioned issues apply from the outset. ??? The DWP states
Can anyone help with this as I’m not sure if it is worth going to a second tribunal.
Ive not yet had my call up for dla to pip, but I would in all honesty tell you to go for a second tribunal if you think their decision is unfair. I would fight to the end, youve nothing to lose, if you know what I mean.
People suffering ms are going to have great difficulty I feel describing their symptoms and how they affect daily life. I think the pip was designed stricter than dla on purpose to save money for the coffers. Also think the assessors have been told to not let as many through as were awarded dla. I may be wrong but thats my opinion.
Good luck with tribunal if you decide to go for it and I wish you good luck.
i know that’s what I should be doing. The tribunal was so intimidating that they made me feel that I was making it all up!! That you for your comments and I will take them on board. As you say the government are clamping down on the blathers hence the 20m rule instead of 50m. I’m going to go to CAB and see what they think. I know there are a lot of people with MS whose symptoms are a great deal worse than mine. I just feel a little short changed…
I recently had to be reassessed as change in condition - mobility that we are told to inform them of reassessment was a joke and they changed my points round to come out with same basic mobility I appealed but decision was found to be the same so have now gone to full appeal waiting to hear. Joke is I have now had a further relapse but that will not be taken into confide ration have to start all over again If I was you I would appeal assessors need to understand MS far better that just assessing on what they can see xx
I was awarded standard daily and mobility PIP last November and I appealed after turned down at mandatory reconsideration to tribunal saying I should have been awarded enhanced mobility. Had my tribunal this morning and won which means DWP have to give me the enhanced mobility back to November 2014. I used as evidence along with GP and consultants letters the DWP’s assessor a guide (viewable online, all 155 pages). On page 89 it gives an example where enhanced mobility should be awarded. There the client could walk over 100m but then for the rest of the day could only walk 10-15m and then experience pain. This then can be argued under the repeatedly category. Which I have done and won. Don’t give up anyone, fight for what your entitled to!
Bambi you can appeal against 1st tier tribunal to upper tribunal but only on a point of law, whether you can argue that the first tier tribunal don’t apply the policy correctly, I’m not sure. Be worth speaking to a lawyer or someone with tribunal experience, I believe that you can get legal aid for upper tier tribunals. Lots of law companies out there with give a free half hour or hour consultation where you may be able to find out whether you can or not appeal.
Since my first assessment for PIP I feel that my MS symptoms have worsened in the mobility area. I have been to a Tribunal about the award but as the decision was based on 1st assessment the full 12 points that I think I an entitled to wasn’t awarded. Can I start a new claim? Or does anyone know how it works?
How long ago did you first apply? I think you can ask for a review after 3 months (need to check this) but also in small print they won’t pay out until the worsening of the condition has been present 3 months!
The assessor’ guide page 89, guy who could walk 100 metres is extraordinary ! - no wonder the DWP are set to change the rules, (see consultation thread). They’ve lost too heavily on appeal but their reaction to is so over the top, it’s incredible.
Conversely see the MSS campaign MS:Enough. The actor in the video represents a real person with MS - who didn’t get PIP.
I’ve not been migrated yet but when I get the envelope I will be all over the case law. Except if they change it soon, that case law is redundant.
I have managed to extract the statement of reasons and Judges Proceedings from HMCTS. I have forwarded them onto a Tribunal Lawyer and it appears that there were 2 maybe 3 errors in law with their decisions and how they were based. They are now taking on the HMCTS to fight for the right award.