× Members

Appeals process

More
9 years 4 months ago #148363 by Wriggle
Appeals process was created by Wriggle
Hi everyone,

This is my first post and I could do with a little help please.

I've just received my PIP decision and have been turned down, I received 6 points for the living allowance and 4 for mobility. When I looked at the points awarded they have given me lower than I should have had, e.g. for washing and bathing they gave me 2 points for using an appliance when it should have been 4 points as my husband has to wash my upper body.

There are about 5 descriptors which were wrong (all under scored!)

On the letter it said to ring up if I disagreed so I did that today after carefully writing down what was wrong. The lady I spoke to said that the fact my husband helps me could be counted as an appliance!? she tried to hurry me through the call and seemed to want to put that as my only query, I asked her to wait and let me explain and she said put it all in writing and send it in. I then asked for a copy of the assessors report as he read it back to me on the day and it didn't match how they've assessed me and she said well that can take weeks and you need to get your letter in quickly as they might re assess you without it!

Can anyone advise me on the best way forward, should I send in a detailed letter pointing out the descriptors which are wrong and why?

My decision letter says that as I seem cheerful and intelligent I shouldn't need the help i'm saying I do! I found that rather upsetting.

I have my appointment with a neurologist next week, the last one was cancelled because of the strike, should I wait to see what he says?

I've never had to claim anything before as my condition was manageable and I just don't know the best way forward.

Thank you in advance.

Wriggle

Please Log in or Create an account to join the conversation.

More
9 years 4 months ago #148364 by Gordon
Replied by Gordon on topic Appeals process
Wriggle

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

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

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, 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.

More
9 years 4 months ago #148368 by Wriggle
Replied by Wriggle on topic Appeals process
Thank you :-)

I requested a copy of the report but I will follow it up in writing.

I found this site invaluable and am very grateful for all the advice here.

Wriggle :)

Please Log in or Create an account to join the conversation.

Moderators: GordonlatetrainBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid