- Posts: 51130
× Members
PIP Appeal
- Jill Asher
- Topic Author
8 years 11 months ago #135604 by Jill Asher
PIP Appeal was created by Jill Asher
I received my rejection letter in February for PIP. I was informed that in order to appeal I would need more medical evidence. As I have only just managed to see my consultant, and apparently she can't write any comments to support my claim, will I be able to appeal? At what point can I submit a new application as collecting evidence from different health professionals takes time?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
8 years 11 months ago #135641 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal
JA
Welcome to the forum.
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?
I'm afraid that you have misinformed, there is no requirement for a claimant to have new evidence in order for them to challenge a Decision, although having new evidence may make it more likely that an appeal will be more likely to succeed.
Let me answer your easy question first! You make a new claim for PIP immediately, there is no waiting time.
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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
As you are now outside of the one month normally allowed you will need to provide Good Cause as to why your request is late, the advice you received may be sufficient, but it is now at the discretion of the DWP as to whether they accept the MR
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 for a PIP award, 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.
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?
I'm afraid that you have misinformed, there is no requirement for a claimant to have new evidence in order for them to challenge a Decision, although having new evidence may make it more likely that an appeal will be more likely to succeed.
Let me answer your easy question first! You make a new claim for PIP immediately, there is no waiting time.
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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
As you are now outside of the one month normally allowed you will need to provide Good Cause as to why your request is late, the advice you received may be sufficient, but it is now at the discretion of the DWP as to whether they accept the MR
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 for a PIP award, 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
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris