We are producing an email we have just received and would welcome any advices any of our readers could give. We have kept the email anonymous respecting the sender’s wishes.
“I was previously awarded the high mobility component and the low care component on DLA and was appealing for increased care to be recognised when my benefits were transferred to PIP. The award I received was standard care and mobility with a three year time limit. I appealed the decision and had a representative from the CAB. I was struggling with my spine collapsing in three places on a daily basis making life extremely challenging as well as a new problem with my heart rate so was unable to even read through the paperwork for the tribunal and asked for a postponement. The postponement was denied as my representative only said I couldn’t drive.
I did win the appeal as far as my points were increased to 10 points each for care and mobility but I felt that it was unfair as I had not read the papers and could not afford up to £50 to pay for more medical evidence. The evidence the tribunal had was sufficient along with my doctors letter stating my spine is collapsing. I appealed to the upper tribunal but it was again denied. Even though I struggled to write a response to the decision due to daily head problems associated with C1/2 instability. I explained that the tribunal had not recognised the extent of my daily difficulties. The judges responded saying I had plenty of time to read the paperwork. The whole PIP procedure was unfair and caused me so much stress I ended up with a heart problem as well.
I would like to take my appeal to the upper tribunal and only have until the 15th November to ask for the decision to be set aside. I have been in contact with the law centre and they don’t provide legal aid for appeals. Please could you advise what I can do now as I risk losing my award? I think it is very wrong when an indefinite award is taken away when I have a deteriorating condition that is not going to get better. I shouldn’t have to spend my day when I feel so unwell fighting appeal after appeal.”
We have reproduced the above email as received – and the views expressed are those of the sender and not ours. If, however, you have any advice (info@disabilitytalk.co.uk) then please do let us know and we will forward on.