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Limit on PIP Appeal for Mental Health?
- Clare
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5 years 3 months ago #224157 by Clare
Limit on PIP Appeal for Mental Health? was created by Clare
Hi,
I wonder if someone could help me out with a question about PIP & the time limits there is on appealing if it was for mental health. I remember reading before that for a benefit (can't remember if it was ESA or PIP) that rules on dates of forms returned etc could be lenient if the applicant had mental health problems & that was the reason for the delay.
I had a PIP assessment in May in my home & my CPN was present. I was extremely distressed & when I was asked to give directions to a local shop I absolutely lost it because I got so angry with myself for not being able to do it. It was quite a significant emotional outburst.
I received my decision in June that I'd been awarded Daily Living enhanced, but not mobility. My CPN (and I) believe that I should've been awarded standard mobility also. When I found out I was too upset and distressed to appeal and my CPN's workload meant she wasn't able to do it on my behalf either.
Does anyone know of any legislation or rules that would indicate if I could or could not still appeal when the decision was in June 2018?
I'd appreciate any advice,
thanks
Clare
I wonder if someone could help me out with a question about PIP & the time limits there is on appealing if it was for mental health. I remember reading before that for a benefit (can't remember if it was ESA or PIP) that rules on dates of forms returned etc could be lenient if the applicant had mental health problems & that was the reason for the delay.
I had a PIP assessment in May in my home & my CPN was present. I was extremely distressed & when I was asked to give directions to a local shop I absolutely lost it because I got so angry with myself for not being able to do it. It was quite a significant emotional outburst.
I received my decision in June that I'd been awarded Daily Living enhanced, but not mobility. My CPN (and I) believe that I should've been awarded standard mobility also. When I found out I was too upset and distressed to appeal and my CPN's workload meant she wasn't able to do it on my behalf either.
Does anyone know of any legislation or rules that would indicate if I could or could not still appeal when the decision was in June 2018?
I'd appreciate any advice,
thanks
Clare
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- Gordon
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5 years 3 months ago #224177 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Limit on PIP Appeal for Mental Health?
Clare
You can challenge the Decision up to 13 months after it was made.
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, as your request will be Late you will also have to explain why you have not requested an MR before, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has 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
You can challenge the Decision up to 13 months after it was made.
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, as your request will be Late you will also have to explain why you have not requested an MR before, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has 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
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- Clare
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5 years 3 months ago #224201 by Clare
Replied by Clare on topic Limit on PIP Appeal for Mental Health?
Thank you for your response Gordon
I have the report filed away as I requested it after my assessment before the decision had even been given to me. I noticed that the assessor gave me the minimum possible points to get enhanced DL when arguably I should have scored more & I'm worried this is a deliberate tactic so it's easier to deny me when I'm next assessed.
I haven't looked at the report again yet but the gist of it was that they recognised I had mental distress at planning journeys etc, I can't remember the exact wording of the criteria now so I'll have a look into it but it's that they scored me lower in points than myself & my CPN thinks they should have. The mobility score was purely based on distress/ mental health problems.
I have the report filed away as I requested it after my assessment before the decision had even been given to me. I noticed that the assessor gave me the minimum possible points to get enhanced DL when arguably I should have scored more & I'm worried this is a deliberate tactic so it's easier to deny me when I'm next assessed.
I haven't looked at the report again yet but the gist of it was that they recognised I had mental distress at planning journeys etc, I can't remember the exact wording of the criteria now so I'll have a look into it but it's that they scored me lower in points than myself & my CPN thinks they should have. The mobility score was purely based on distress/ mental health problems.
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