PIP Reconsideration & Med Report Dispute

I'm supporting a neighbour through his PIP claim. He's got general anxiety & agoraphobia, although is able to go out locally some of the time. He also has an industrial injury which causes him problems.

He received ZERO points on his PIP medical and we've just got a copy of the report. The Paramedic appears to have gone totally on observations and not taken anything my neighbour actually said into consideration. Especially missing are any references to his detailed descriptions of the difficulties he faces getting out and about, coping with anything out of his routine or problems in life. Even said he has no problems with food when in fact he needs prompting and said very clearly he rarely eats because he doesn't feel hungry so doesn't think about it.

Grrrrr

My question is can we appeal the medical report as part of the Mandatory Reconsideration which we are obviously going for or does this have to wait until appeal stage?

We will also be asking for a letter from his GP and his MHY Social Worker who spent 2 1/2 hours assessing him in November, around the time he submitted the claim form.

There's no way I would have put someone with anxiety issues through this process if I didn't think they deserved an award of some level.

Is it appropriate to challenge the medical report as part of the MR or should such a challenge only be made if the MR decision is taken to appeal?


MERGED WITH DUPLICATE QUERY : bro58

Lymie wrote: I'm supporting a neighbour through his PIP claim. He's got general anxiety & agoraphobia, although is able to go out locally some of the time. He also has an industrial injury which causes him problems.

He received ZERO points on his PIP medical and we've just got a copy of the report. The Paramedic appears to have gone totally on observations and not taken anything my neighbour actually said into consideration. Especially missing are any references to his detailed descriptions of the difficulties he faces getting out and about, coping with anything out of his routine or problems in life. Even said he has no problems with food when in fact he needs prompting and said very clearly he rarely eats because he doesn't feel hungry so doesn't think about it.

Grrrrr

My question is can we appeal the medical report as part of the Mandatory Reconsideration which we are obviously going for or does this have to wait until appeal stage?

We will also be asking for a letter from his GP and his MHY Social Worker who spent 2 1/2 hours assessing him in November, around the time he submitted the claim form.

There's no way I would have put someone with anxiety issues through this process if I didn't think they deserved an award of some level.

Hi L,

Welcome to Benefits and Work

I am sorry to hear of your neighbour's "Zero points" PIP decision.

Although you can draw reference to the Med Report, and try and discredit any information therein, the important issue is to concentrate on reiterating where, how and why your neighbour should have been awarded points.

You can tie in any supporting medical evidence to the limitations suffered, then cross-reference this information with the PIP Descriptors that are applicable to your neighbour.

So you can actually cite the descriptors.

The easier you make it to understand why your neighbour should have received points, the more likely of a successful Mandatory Reconsideration (MR) therefore doing away with the need of appealing direct to The Tribunal Service. (TS)

You should therefore include all and any evidence that you have at The MR stage.

If you are to gain fresh evidence, try to ensure that it references the applicable descriptors, rather than being generic.

If you wanted to make a complaint to ATOS/Capita about the quality of The Med Report, you should do this as a separate issue to The MR Request to The DWP.

Do not miss your one month deadline from the date of the PIP Decision Notice to make the written request for The MR :

Sending Documents to the DWP or ATOS

See : PIP MR/Appeals Guidance.

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

bro58

That's great information. Thank you.

I spoke to his MH Social Worker today and already planned to copy her the denial letter and medical report. She asked for these as well so she could do exactly what you have suggested above.

We're seeing his GP tomorrow and will do the same.

Month ends on 4 March so we have a little over two weeks to get this in.

(Apologies for starting a second topic on this, couldn't see this one on the mobile earlier).