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PIP appeal

  • Lynda Boyle
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8 years 6 months ago #142123 by Lynda Boyle
PIP appeal was created by Lynda Boyle
I was moved to ESA in the Support Group from IS in Dec 2014. My circumstances changed in March and as a result I no longer qualified for ESA in the Support Group. I have since applied for PIP as my daughter thought I would qualify for that. I sent the form in and have been for the assessment. I received my award letter last week and was disappointed to find I had only been allowed the Daily Living component at the standard rate. I was expecting to get more points from the Mobility component as I am not steady on my feet due to a back problem which makes it difficult to get out and about. I was allowed 4 points for mobility, I expected to get more points awarded on this though, as I do not think I can be classed as being able to complete the Mobility activity safely, to a necessary and appropriate standard, repeatedly or in a timely manner. The HP did not state this though and the rest of the 'how your illness affects you' seems to have been disregarded. I did read all the guides and filled the form in as best as I could but I am now unsure of whether to appeal the decision or not. At some point in the future I will have to reapply for ESA and I do not think my situation will get better over time either, it is just going to get worse. I am getting stressed out with what to do for the best. Can any one help please?

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8 years 6 months ago #142127 by Gordon
Replied by Gordon on topic PIP appeal
LB

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?


If yo have received 4 points for Mobility then you have been assessed as being able to stand and then walk more than 50m but less than 200m.

So the first question you need to ask yourself is whether you can show either that you cannot walk 50m or more or that you cannot more than 50m reliably on the majority of days.

If you believe that you can show either of the above the next question to consider is how secure your current award is because the DWP can extend any Reconsideration to both components.

If you want to go ahead then 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

Your primary task is to show that you meet the criteria for a Mobility 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.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Lynda Boyle

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  • Lynda Boyle
  • Topic Author
8 years 6 months ago #142137 by Lynda Boyle
Replied by Lynda Boyle on topic PIP appeal
Thank you for your welcome and your quick response and for informing me about my name, it is all changed now. :)

I can stand and walk as assessed but I would not be able to do that every day, it takes a long time to get any where and I get exhausted and wore out, even on short shopping trips.

I will look at the help for claimants information and have a good read before deciding what to do.

Thank you for all your help.

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