the l*** i really dont believe it

Hi i really need your help,my brother had his pips assesment last week,the lady was nearly 2hrs late she told him she would,nt even ask him to get up on the bed it took 10mins in all when he was leaving she said you have my full support then added she was,nt the decis maker hes been awarded standed care nothing for mobility,he can only work a few steps then hes in agony,hes got cauda equina syndrome,osteoarthritis in spine in multiole sites/herniated discs

pamela wrote: Hi i really need your help,my brother had his pips assesment last week,the lady was nearly 2hrs late she told him she would,nt even ask him to get up on the bed it took 10mins in all when he was leaving she said you have my full support then added she was,nt the decis maker hes been awarded standed care nothing for mobility,he can only work a few steps then hes in agony,hes got cauda equina syndrome,osteoarthritis in spine in multiole sites/herniated discs

Hi p,

Welcome to Benefits and Work

I am sorry to hear of this !!

10 minutes would not be enough time to carry out a standard PIP Consultation, and you could bring this and the 2 hour lateness up in any challenge to the adverse PIP decision.

You don't say who carried out The PIP Assessment, but your could also complain about The Assessor as a separate issue :

COMPLAINTS TO CAPITA REGARDING PIP.

In writing :

Capita PIP
PO Box 307
Darlington
DL98 1AB.

email: complaints @capita-pip.co.uk

For ATOS, : E-Mail : customer-relations @atoshealthcare.com

Close the gaps before @ for the e-mail address.

The Assessor was correct in that it is The DWP PIP Decision Maker (Case Manager) who makes the final decision.

However, an important part of this decision making process is the recommendations made by The PIP Assessor as a result of the Consultation.

You have one month from the date of the PIP Decision Notice Letter to make a formal written request for a Mandatory Reconsideration (MR) of the adverse PIP decision.

Sending Documents to the DWP or ATOS

This should be done as a separate issue to any complaint that you might make to ATOS/Capita.

Have a read through our : PIP MR/Appeals Guidance, and our : PIP Claims Guide. (2nd Link on page)

It is important that you reiterate how and why you feel that the adverse decision is wrong and how and why you feel that they should have received a higher award.


See also : Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Please reply to this topic if you have further queries and we will try our best to help.

bro58

Hi first time on bw site my brother had his pip assesment 6 weeks ago hes been awarded standard for daily living no points at all for his mobility needs hes had a mandatory appeal got another 2 points for daily living which still keeps him on standard rate,he told the hp he can only take a few steps without stopping due to pain and the hp have said he can walk than 200mts.why

---

Mod Comment : Merged with other duplicate query.

bro58

Hi thanks b,hes had a mandotary dec still nothing for mobility,extra 2 points for daily living,they say he can walk over 200mts when infact after only a couple of steps hes in severe pain,hes now taking it to appeal he really nee ds help with his appeal x

pamela wrote: Hi thanks b,hes had a mandotary dec still nothing for mobility,extra 2 points for daily living,they say he can walk over 200mts when infact after only a couple of steps hes in severe pain,hes now taking it to appeal he really nee ds help with his appeal x

Hi p,

You need to reiterate how and why he scores the correct amount of points for the relevant descriptors, even if you have already done so at The MR stage.

Just because the reviewing DWP PIP DM has decided not to amend the adverse decision in your favour does not mean that the Tribunal will come to the same decision.

You should review the guidance given from the PIP MR/Appeals Guidance link in my previous post : Here.

It may also help if you review our PIP Claims Guide from the link on the same post.

This will give you a better idea of how best to show that you score the appropriate points.

Taking our : PIP Self Test may also help.

You could quote the actual descriptor, then highlight the relevant medical conditions that limit the activity, then describe how and why the limitations adversely affect their capacity to carry out the activity reliably and safely for more than 50% of the time.

You could then highlight how and why your evidence contradicts the recommendations made by the Assessor, and the subsequent adverse decision made by The PIP DM.

You could do this as a one or two page submission where you could relate your "arguments" in bullet point form, whilst referring/cross referencing to the actual medical evidence that you are presenting.

The easier that you make it for the Tribunal to see that he should score the appropriate number of points for "mobility" etc, the more likelihood of a successful appeal.

You only have one month from the date of The MR Notice to submit your appeal directly to The Tribunal using a copy of the MR Notice, and Form SSCS 1.

All this is explained in the appeals guidance from the links provided.

bro58