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PIP not awarded
- Jo Tickell
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6 years 4 months ago #202313 by Jo Tickell
PIP not awarded was created by Jo Tickell
I had my PIP assessment 4 weeks ago and have been advised I haven’t been awarded it. I have been on DLA for 16 years due to severe mental health problems. I also receive ESA which has been reduced due to PIP decision. I face losing my house due to these decisions and this is so devastating. My assessment was carried out by a physiotherapist who barely asked me any questions regarding my mental health. The decision letter states that I am able to wash, dress and feed myself, communicate with others, walk and talk and therefore don’t require DLA. My daily life is far different from what they assume. I am housebound, suffer panic attacks on an almost daily basis. On good days I can barely function, on bad days I don’t. I want to appeal and wondered of the success rate with regard to mental health illness. Any advice would be greatly appreciated. Thank you.
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- Gordon
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6 years 4 months ago #202335 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP not awarded
J
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Success rates at the MR stage are quite low but if you go on to appeal they are quite high (60%+).
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Success rates at the MR stage are quite low but if you go on to appeal they are quite high (60%+).
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Baloo
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6 years 4 months ago #202366 by Baloo
Replied by Baloo on topic PIP not awarded
Dear J, (firstly may i suggest you follow Gordon's link to remove your full name). Please do follow all of Gordon's advice. It is as he says it is. . Ask for copy of Assessment Report., see what they say, dont pull the Assessor apart if wrong, simply state you don't agree and explain a little and to the point, why. Save in depth explanation for Tribunal Stage. Apply for Mandatory Reonsideration (please remember there is a month time limit after refusal decision to ask for a MR) , which more than likely will be another refusal. Do not lose hope if MR is rejected. Lodge an Appeal to be heard in front of a Tribunal. A panel of normally 3 people, where you will not have a tick box question list, but be able to convey your conditions and how they affect you. It is at this stage as gordon says, while not guaranteed, where percentages have highest of success rates. It may take up to eight/nine months to reach this stage, do not lose heart. This site will help you. Gordon has offered to assist. I have not long been through same stages and am pleased to say i was successful. If you read this link it speaks for itself. We have disabilities dwp are less accepting to call them disabilities. www.bbc.co.uk/news/uk-22546036 Under the heading 'Highest Level' the dr speaks of mid ranging disabilities most likely to be refused. Mental Health being one, Spinal Injuries another, both DWP consider a mid range disability.. I have spinal injuries. I won my Appeal. 9 months later. Only you know how debilitating your conditions are to you. A Tribunal allows you the opportunity to tell it from your point of view in your own words, medical documentation helps enormously too. Stay with this site for guidance and how to etc. what traps not to fall into as you will find assessors do not all record information accurately, do not include history or even current documents despite sending them in. Expect to be spoken to in a way thats questionable but do not retaliate. Save your energy for the Tribunal. I gave so much medical support that there was no doubt how serious my conditons are. Somehow the Assessors and Mandatory Response disagreed. Tribunal corrected this. They are not DWP persons but Independant bodies. You will be heard. Failure is always a possibility, but as B&W say, if you feel you have a solid case i would follow gordon's suggested steps. Good Luck. Baloo. .
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