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TOPIC: Victories in PIP appeals reach their highest rate ever

Victories in PIP appeals reach their highest rate ever 10 Mar 2018 09:59 #6484

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Victories in PIP appeals reach their highest rate ever – but only a tiny number of claimants appeal. Here’s why

10 Saturday Mar 2018; Posted by Mike Sivier


It’s great that the percentage rate of successful appeals against refusal of Personal Independence Payment is at its highest ever.

But that number hides the fact that only eight per cent of those who have been refused the benefit appeal.

This is because the Conservative government does not want to pay the benefit to anybody at all. Even payments to those who most clearly qualify are only granted because the recipients are likely to die in the near future.

So they learned from their experience with appeals against bad ESA decisions, and introduced a delaying tactic called Mandatory Reconsideration.

Those who are refused the benefit must go through the MR process before they may appeal to a tribunal – and they are paid nothing during the time they spend waiting for MR.

Simply put, the Tories starve them out.

That is the reason, as the DWP spokesperson states at the end of the Mirror article quoted below, only “eight per cent have been appealed and four per cent have been overturned”.

In addition, there is no support available for claimants who want to appeal.

More Here;
voxpoliticalonline.com/2018/03/10/victories-in-pip-appeals-reach-their-highest-rate-ever-but-only-a-tiny-number-of-claimants-appeal-heres-why/
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62, battered by security guard while attending 'cruel' disability assessment 12 Sep 2018 14:34 #10152

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My sister is on PIP and had her reward removed a few years ago. She did appeal and got back the standard rate, but she lost her car in the process. She`s up for review again soon and fears losing altogether. ESA is similar, only ESA is means tested, PIP is not. I would argue that ESA is easier to get than PIP, but to be totally honest, they are both a bit like trying to reach a palm tree on a small island surrounded by sharks.
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62, battered by security guard while attending 'cruel' disability assessment 12 Sep 2018 19:07 #10155

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when i failed my assessment my work roach at the job center said, its nearly impossible to get the points needed to pass ,unless you have lost limbs.
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62, battered by security guard while attending 'cruel' disability assessment 12 Sep 2018 21:40 #10160

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london123 wrote:
when i failed my assessment my work roach at the job center said, its nearly impossible to get the points needed to pass ,unless you have lost limbs.


The way things are going it will soon be a case of if you can't tick this box of loss of limb/s you won't qualify for ANY benefits at all. :evil:
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62, battered by security guard while attending 'cruel' disability assessment 12 Sep 2018 22:20 #10161

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haveing missing limbs is sometimes not even enough i know someone age 55 with a prosthetic leg a heart condition and mental health problems who had to apeal
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62, battered by security guard while attending 'cruel' disability assessment 13 Sep 2018 10:15 #10172

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London123 wrote: when i failed my assessment my work roach at the job center said, its nearly impossible to get the points needed to pass ,unless you have lost limbs.

It`s true that you need to score a maximum of 15 points to get ESA or, a combination of points that `add up to` the 15 points from various descriptors, but many fail to recognise the WRAG regulation 29 (2) (b) which means you can be awarded ESA under the `substantial risk` factor, or Support Group regulation 35. These have now changed to Reg 25 and Reg 31 under Universal Credit. But the OLD regulations 29 and 35 still apply to existing awards.

The term `substantial risk` must apply from being forum fit for work and how that work would mean a risk to yourself or others and be `substantial`, meaning your pain or mental health could be exacerbated (worsened) just because of a number of things:

* The mere communication of being told you have had your reward removed
* The difficulty you would face just travelling to work
* The consequences of having to sign on for JSA or UC
* Having to perform the sort of work the claimant would be expected to do/get

*Note* The RISK rule will NOT apply where the risk could be significantly reduced by reasonable adjustments being made in the claimants work place,OR, the claimant is taking prscribed medication with the aim of managing their condition.

So you need to think about if these apply to you and if you can verify these with your case. But ther are regulations and arguments you can apply to your case to say that you meet them and reference these to your medical evidence.

london123, I would think about claiming ESA again if it`s been six months since you last applied. What you would need to think about here though is, you can`t claim ESA again for the SAME illnesses unless it has significantly worsened (this could mean a raising of the medication you are taking or a worsening of pain or your mobility),or you have a new health problem also.

And ALWAYS appeal any fit for work decision because if you don`t, DWP will sk you to appeal your last fit for work decisoon before they will look at any new application,so be wary of this. That`s why everyone should appeal even if they think they won`t win. The success rate is higher than you may think.
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Victories in PIP appeals reach their highest rate ever 14 Sep 2018 08:54 #10179

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Thanks Paul.
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