ME sufferer PIP refused

I received a letter from the DWP two days ago to say that my claim for the mobility component of PIP was refused. I had stated that I could not safely, reliably and repeatedly walk more than 20m. The assessor noted that I said that I could get from my bedroom to the bathroom several times during the night to use the toilet - a distance of 9m - and walk from room to room in my house so I must, therefore, be able to repeatedly walk more than 50m but not more than 200m. I have phoned the DWP and asked for a mandatory reconsideration on the grounds that the assessor did not ascertain the distances walked by me within my house. I used a trundle wheel to measure the longest distance I ever have to walk in my home which is 17m from the front door to the back wall or 34m if I walk there and back without sitting down in between. I expect I will have to go to appeal and I am prepared for that. To quote Winston Churchill: 'This is the kind of nonsense up with which I will not put!'

You must do this within one month of the date of the original decision. DWP will look at your claim and tell you their new decision. You have one month to ask for an appeal if you are still unhappy. This must be in writing and it is best to appeal using form SSCS1.

You must state your reason for the appeal clearly and forward any supporting evidence as soon as possible – do not wait for the hearing. Her Majesty's Courts and Tribunals Service (HMCTS) will acknowledge your appeal by sending you a letter.

HMTCS will send a copy of your appeal to the DWP who can change their decision if they choose. They have to respond to the HMCTS within 28 days. DWP will send you and HMCTS copies of their response and all paperwork relating to your claim. Your appeal will be sent by HMCTS to the regional office who will arrange an appeal hearing. The appeal

You can choose to go to the hearing; this is called an Oral Hearing. You can choose not to go to the hearing; this is called a Paper Hearing. In very exceptional cases a domiciliary hearing can be arranged. You can claim reasonable travelling expenses if you go to the hearing.

If you have asked for an Open hearing, you will receive a letter giving 14 days' notice. This letter will include details about claiming travelling expenses. Take any new evidence, such as a letter from your doctor or support worker. You will be greeted by the Clerk to the Tribunal who will explain the process to you, answer any questions and deal with travel expense claims. There will be up to three people on the panel. You will be given the opportunity to give information about your circumstances, ask questions and also answer the panel's questions. The appeal decision

You will be asked to wait in another room whilst a decision is made. In most cases you will be given the decision the same day. A copy of the decision letter will be sent to the DWP. Unless the DWP wishes to challenge the decision, it will implement the Tribunal's decision. All further queries regarding the decision should be directed to the DWP. If you need advice on completing this you may call HMCTS on 0300 123 1142.

Form SSCS1 can be downloaded or obtained from local Citizen's Advice Bureaus and Jobcentre Plus offices. If you are finding it hard to get hold of a form call us on 0808 800 3333.

You must complete sections 1, 2, 5, 6 and 8. Use black ink and block capitals.

Section 5 is where you must state your reasons for your appeal. You must write down the reasons why you think the decision is wrong. Your reasons do not have to be lengthy or written in legal language, but you need to say more than just 'I disagree'. Explain simply why you think the decision is incorrect and what you believe the correct decision should be.

Send your appeal to HM Courts and Tribunals Service. If you live in England or Wales you should send your appeal to:

HMCTS SSCS Appeals Centre PO Box 1203 Bradford BD1 9WP

Don't forget to sign the form and enclose your mandatory reconsideration decision letter. Appealing a DWP benefits decision Contact the Department of Work and Pensions (DWP). Ask DWP to look at the decision again – this is called a mandatory consideration. It is best to do this in writing and give reasons why you disagree. The address to write to is on the decision letter you have received. You must do this within one month of the date of the original decision. DWP will look at your claim and tell you their new decision. You have one month to ask for an appeal if you are still unhappy. This must be in writing and it is best to appeal using form SSCS1. You must state your reason for the appeal clearly and forward any supporting evidence as soon as possible – do not wait for the hearing. Her Majesty's Courts and Tribunals Service (HMCTS) will acknowledge your appeal by sending you a letter. HMTCS will send a copy of your appeal to the DWP who can change their decision if they choose. They have to respond to the HMCTS within 28 days. DWP will send you and HMCTS copies of their response and all paperwork relating to your claim. Your appeal will be sent by HMCTS to the regional office who will arrange an appeal hearing. The appeal

You can choose to go to the hearing; this is called an Oral Hearing. You can choose not to go to the hearing; this is called a Paper Hearing. In very exceptional cases an 'Out of Centre' hearing can be arranged. You can claim reasonable travelling expenses if you go to the hearing. The appeal hearing

If you have asked for an Open hearing, you will receive a letter giving 14 days' notice. This letter will include details about claiming travelling expenses. Take any new evidence, such as a letter from your doctor or support worker. You will be greeted by the Clerk to the Tribunal who will explain the process to you, answer any questions and deal with travel expense claims. There will be up to three people on the panel. You will be given the opportunity to give information about your circumstances, ask questions and also answer the panel's questions. The appeal decision

You will be asked to wait in another room whilst a decision is made. In most cases you will be given the decision the same day. A copy of the decision letter will be sent to the DWP. Unless the DWP wishes to challenge the decision, it will implement the Tribunal's decision. All further queries regarding the decision should be directed to the DWP. If you need advice on completing this you may call HMCTS on 0300 123 1142.

Form SSCS1 can be downloaded or obtained from local Citizen's Advice Bureaus and Jobcentre Plus offices. If you are finding it hard to get hold of a form call us on 0808 800 3333.

You must complete sections 1, 2, 5, 6 and 8. Use black ink and block capitals.

Section 5 is where you must state your reasons for your appeal. You must write down the reasons why you think the decision is wrong. Your reasons do not have to be lengthy or written in legal language, but you need to say more than just 'I disagree'. Explain simply why you think the decision is incorrect and what you believe the correct decision should be.

Send your appeal to HM Courts and Tribunals Service. If you live in England or Wales you should send your appeal to:
HMCTS SSCS Appeals Centre PO Box 1203 Bradford BD1 9WP

Don't forget to sign the form and enclose your mandatory reconsideration decision letter.

Hi. A similar thing happened to me in my ESA medical 2 1/2 years ago. The HP stated she saw me walk 'slowly and with difficulty' 9 meters from the waiting to the examination room' and that she 'found this consistent'. But she choose the descriptor point 'can walk more than 50 meters but no more than 100 meters', even though I had stated I couldn't walk more than 50 meters. I have come to believe she must of got the 100 meter figure from the DWP guidance on M.E./C.F.S as published in 2007. I highly expect that assessors are reading the following guidelines:

Functional restrictions

27. The disabling effects of CFS/ME in individuals is variable (see para 9). The following describes the typical problems a with daily living activities for the majority of the time.


28. Mild condition

The person would normally to be able to wash, dress, bathe, use the toilet, get up and downstairs without difficulty. The ability to plan a meal is not impaired and the tasks involving in preparing and cooking food are unlikely to be restricted in any way. The ability to walk long distances may be reduced, but the person is likely to be able to walk short distances on an unrestricted basis most of the time. Their judgment, thought processes and means of communicating are not affected to the extent that they would be unable to find their way around in familiar and unfamiliar places.

29. Moderate condition

Those with a moderate level of disability would be expected to be able to manage some personal care and preparation of food without help from another most of the time. Tasks may take longer than normal and may need to be followed by a period of rest. Although the level of fatigue and symptom severity may vary during the day or from day to day, the ability to maintain personal hygiene and nutrition is likely to be unimpaired. The ability to walk more than 100 metres consistently may be restricted in moderate cases, but severe restriction of walking is unlikely.

30. Severe condition

People with a severe level of disability, who spend most of the day in bed or otherwise immobile, and who may have clinically evident muscle wasting, may well need help with personal care and preparing food. Such claimants may be severely restricted in their ability to walk. There may a requirement for supervision either at home or out of doors as a result of significant cognitive impairment, but it would be uncommon.




Of course, you do not get muscle wasting in M.E. unless exceptionally severe and only after many years completely bedridden!