Have You Lost Your PIP?

 

Wellbeing Duck: Have They Rejected Your PIP Claim? You Should Fight Back! 

7 to 9 min read

Everyone in the UK who has lost their PIP — especially if they have disabling mental health problems — Read On! 

A denied PIP claim for a significant mental health is often picked out by the DWP after the crackdown on PIP started just before Sunaks government. One issue is proving how a mental health condition affects your daily living. It can be more difficult to evidence with conventional ways. It can leave you feeling gutted or accused, but most of it comes from how you fill out your PIP 2 form. Speak honestly about 'HOW YOU ARE AFFECTED DAILY OR THE MAJORITY OFBTHE TIME' by uour condition. This is a primary source of evidence but they will cross examine you. You can ask your family or who know you to provide testimony. The key is honesty. People need support, especially if you have taken the advice of professionals such as disability employment officers, counselors, community psychiatric nurses or maybe even your own psychiatrist, who might have recommended you to apply for PIP. Yes the rug can feel pulled from beneath your feet. 

Never forget those greedy politicians who give themselves unfair payrises and take huge expenses claims while looking down on those claiming a benefit. The DWP can be harsh and cold when asking questions in bad faith to try and catch you out. It can feel personal. The solution here is to be measured, honest and patient while you persist. You have to insist you are not dishonest and push your truth forward with fact. Draw in your support circles and fight for your rightful PIP award focusing on daily living and mobility. YOU MAY WELL BE DENIED BY DWP. You must continue to appeal if you want what is rightfully yours. Extra supportive evidence will be any diagnoses and letters from medics—how daily living is disrupted is the key. It will be financially better for you in the end.

This guide aims to equip you with the knowledge to challenge the PIP reconsideration and tribunal process. We'll discuss why re-applications might be rejected and consider what might help you win. However, firstly, it must be said, it's fair to not expect full points for milder mental conditions that hold very little effect on daily living. We have to be honest. 

After a nice pay rise offered nurses 1%

Let's Talk Money and Mental Health

Significant disabling mental health conditions are real, and they will impact daily life. However, the PIP system is imperfect and they are interested in the effects of the illness more so than the diagnosis. They claim to look at peoples medical records, make sure they have examined yours by asking your Doctor. It shows laziness in their decision making if they have not botheted to look even if a diagnosis is not the direct evidence they need! Isn't that bonkers?! Remember, The Department for Work and Pensions has slammed down some urgent rules for mental health that overlook the fluctuating nature of symptoms. They fall short of their own criteria. Filling out an application form you might see a question like this one: ‘Can you prepare a basic meal?’ 

Duh, yeah! So you've make a few meals, you don't score here, right? 

Well... look at their actual criteria which they fail to mention:

Completed to a reasonable standard (Section 2.1.1)

Completed safely (Section 2.1.2)

Completed repeatedly (Section 2.1.3)

Taking no more than twice as long (Section 2.1.4). 

‘Oh, well, now you put it like that!’

Now, if you say you can't always prepare a meal because of X, Y or Z, it will be more fairly marked against you, remember what I said about DWP and bad faith? They might skip that essential criteria which asks whether you can prepare a meal to a reasonable standard, safely, done repeatedly, taking no more than twice as long as usual. Can you see what is happening? Many mental health conditions, from mood disorders, thought disorders and waves of anxiety come on in attacks or episodes. Immediately, this applies to you under section 2.1.3 of their own criteria! It’s clearly a money saving operation at the claimants expense. Appeals have cost them £350M so far and it is rising. 

PIP is an important financial support, and losing it can bring a lot of unspeakable stresses. You do deserve these resources for your wellbeing, and so, I hope you can take some comfort, maybe reassurance in this blog post. I hope things work out. Keep pushing! 

Fighting for What You Deserve: Reconsideration and Tribunals

Be tough, dig your heels in, be a warrior, and don't accept the first ‘no.’ This is a dubious process on their part to grind you down. Focusing solely on the process of claiming for a moment, remember, the DWP does not award points solely on a medical diagnosis or information about a condition. Focus on your problems with daily living take a diary type approach, you are the key source of evidence from which they draw from with PIP2 and assessment. If they deny your points after this you should respond in writing, as shown below the cartoon. 

These politicians call people scroungers!

Mandatory Reconsideration: Write this well structured letter as your request mandatory reconsideration, you can retain your argument and evidence on file, and the DWP will be expected to hold a copy too. A phone call is only worth the paper it is written on—keep everything in print! It is self-defensible in document form. Even though a different DWP person reviews your claim, it is part of the same not-so-merry dance, which may well be another rejection. Consistency is vital. The cost of expensive tribunals is off putting for the DWP. Especially, when two thirds of them, and continuing to rise, are re-awarded their PIP. You may end up in tribunal. Sometimes they do offer claimants their PIP as an alternative, known as a cleared decision!

Example Mandatory Reconsideration: 

Dear Sir or Madam,

I am writing to request a mandatory reconsideration of the decision to reject my claim for Personal Independence Payment (PIP). The decision letter was dated 23 November 2023 and the reference number of my claim is PIP/123456789.

Points I disagree with regarding your decisions:

Preparing a Meal

I am diagnosed with Mickey Mouse Disorder and Cramping Tummy Syndrome (CTS). This means I can only eat cheese, but I need tablets because I am allergic to the diet, but also, I am intolerant to the tablet, and so, I suffer agonising cramps as a side effect meaning I cannot repeatedly prepare a meal as described under section 2.1.3 of the PIP criteria. This also slows me down, and disrupts me (2.1.4). I have provided extra evidence, such as a written testimony from my carer and my doctor (contiue as you wish). 

Tribunals: 

The tribunal is most effective because the hearing is independent of DWP! It is free, quite informal and very doable, they are very considerate of your issues and how consistly the documentation and what you say match up. BE HONEST. You can follow online government website instructions to initiate things if your mandatory reconsideration is unsuccessful. Also, you can alternatively choose not to attend if you prefer. However, just by attending in person you greatly increase your odds for success. Do bring someone if you can: a loved one, a supporter or possibly a representative. Again the panel are not the DWP but rather a judge and two professionals, usially a doctor and a disability expert. These tribunals will listen to you, but typically they side with claimants—a 2022 report found that nearly two-thirds (64%) of appeals resulted in a better outcome for claimants. That, right there, is a financial disadvantage for the DWP: resolving your case favorably before a tribunal is less costly. 

You might receive an offer before it reaches tribunal if the DWP see you are following the procedural stages from mandatory reconsideration, to tribunal. If you do this sincerely because you have a genuine condition continue. 

Do they expect folks to dive into work without support?

In Your Corner!: Resources to Help You! 

Here are some resources designed to empower you through the PIP claim process:

Citizens Advice: Useful but can be busy, help on benefits claims and appeals, including PIP: https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

Benefits and Work: Follow the guides and support they have in place! Here is the PIP claim process: https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-claims