PIP Appeal advice?

Hi,

I find myself in need of a little help, so here is my story

I was awarded PIP in June 2013 after a 9 month delay during which my MP intervened twice. Because of my complex health issues I filled in the PIP 2 form only as necessary and in all the boxes for "Extra Information" my carer wrote "See additional sheets for further information" and the additional sheets, written on a computer, were printed out and sent with the application.

I was awarded Enhanced Mobility (22 points) and enhanced Daily Living (39 points), both for 3 years.

One year before the end of my award (to the exact day) I was invited to re-apply for renewal. I was given an assessment with Capita at home 6 weeks later and received their decision 3 weeks after that.

I kept my Enhanced Mobility (with 14 points) but was only given 11 points for Daily Living, which is only the Standard rate. My state of health has not improved, but I have acquired a new condition affecting both shoulders. I was not happy with the decision.

Using your guides, I submitted a request for Mandatory Reconsideration and also requested a copy of the Capita Health Care Professional's report. This arrived after my request for Mandatory Reconsideration had been sent.

From hard quotes that the HCP (a nurse) made in her report, it became obvious to me that she had used information from my first PIP application, not from the renewal. The list of evidence used detailed in the assessment report in the renewal also included reference to a Blood Glucose report generated from my blood test meter. In fact I had decided not to send one for the renewal (I couldn't remember how to do it) although I had sent one previously for the original PIP application.

Effectively she had used my original PIP 2 information when she completed her report for the renewal PIP application.

The HCP report also contained many untruths about things that I "said", which I hadn't, and regarding tests that she had performed that she hadn't, as well as other inaccuracies. My carer was present throughout because I have cognition and memory issues and she confirms this.

I am going to appeal.

Should I disclose all the detail of the use of incorrect PIP 2 information in the Grounds for Appeal box of the SSCS1 appeal form? I am concerned that despite making quite a significant mistake, the DWP will only offer me another assessment which is glossing over a fair amount of negligence and effectively puts me back to square one.

Alternatively if it goes all the way to the tribunal, they may be more concerned about such poor regard to evidence and I may get a better result.

I would be grateful for any advice which you may have to offer

Many thanks,

Domino

Hi Domino

I hope my answer is the correct one (I'm sure other mods will look and put me right if not!)

If you are going to appeal, then send all the information you have and point out very carefully and clearly all of the misinformation included in the report prepared by your assessor. Include the references she made to your initial PIP application, rather than the current one, giving all relevant examples, and refer to all the 'mistakes. she made in reporting what you said, and the tests she claimed to have done but didn't. You have the support of your carer so there can be no argument about the truth there.

I don't think you will be offered a reassessment. You have the right to appeal.

Good luck.

Hi Domino,

The add to Shelam's excellent advice - You will only be awarded PIP by showing how and why you meet the specific descriptors. Discrediting the report is one thing but, on its own, would only result in a further assessment. You must also point out the criteria that you meet, why and what evidence you have submitted that supports this.

Good luck!

Thank you very much for your advice, I shall use it, along with all the other excellent Benefits & Work information, in my appeal.

Should I be addressing my Grounds for Appeal arguments with respect to the Decision Maker's Reasoning in the Mandatory Reconsideration or the Reasoning they gave in the original renewal application decision (if you see what I mean!)? They both gave different information that would give me ammunition with regards to how they misinterpreted the "evidence" against the descriptors.

In my Grounds for Appeal I intend to clearly show that the HCP (and presumably the Decision Maker) used the wrong evidence in reaching their decision.

I will then effectively not refer to that again while make my case using the up-to-date, correct evidence which i submitted for the renewal, showing where I believe the Decision Maker's Reasoning is not correct for each disputed descriptor with regard to my current state of abilities.

Does that sound about right?

Many thanks to you all, I'll let you know how I get on