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Appealing PIP

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4 years 10 months ago #230923 by Clare
Appealing PIP was created by Clare
Hi,

I recently asked for some advice about asking for an MR with PIP as I had several reasons I was asking for an MR late. I was assessed 31/05/18.

I know I have genuine reasons for my delayed request, but I'm aware they don't have to accept them. But something I wanted to ask about was if there are any sorts of rules or laws about how you put in a request when it's late.

My specific issue is the 'Going Out' section. I was given 4 points
'Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant.'

However, I genuinely believe I should have qualified for:
'Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points'

I did show psychological distress when asked to talk through a route in my assessment and everything myself and my CPN talked about advised that I can't *reliably* undertake any journey because of overwhelming psychological distress

I'm struggling to explain what I mean but I am wondering how I go about the appeal & explaining my reasons when the assessment was a year ago. Do I explain how I met the descriptor at the time, or do I talk about meeting it in the time that has passed since? Very recently (past 2 months) I've been pushing the boundaries more to go out and I don't want to portray a false image to DWP, but when I was assessed and for a long time after, I was taken everywhere by my mother or my CPN & experienced significant distress even when taken out by them

I hope I've been able to get the point across as I've found it quite difficult to explain

Thanks

Clare

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4 years 10 months ago #230937 by Gordon
Replied by Gordon on topic Appealing PIP
Clare

You need to do two things in your request.

First, you need to explain why it Late, just be honest about what happened.

Secondly, you need to explain why you are challenging the Decision, this needs to be based on your condition(s) as they were at the time of the assessment, any change since then cannot be considered.

Do you have the assessment report as this will help you understand why you failed to score higher?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 10 months ago #230942 by Clare
Replied by Clare on topic Appealing PIP
Thank you for that information Gordon, that's helped a lot as I was really confused about whether I needed to also justify/ talk about present day as well as the assessment a year ago.

I do have the report & the problem is that the assessor completely omitted information that myself and my CPN gave to her and that I actually didn't answer the 'planning a route' question because I got so upset and distressed so she told me I didn't need to answer.

Is there a specific rule/ law that I could cite about it being based on back in the time of the assessment? I have a lot of paranoia about communicating with DWP and am fearful that they'll end up telling me I need to talk about the here and now as opposed to just the time of the assessment even though that's their own rule. So just wondered if there was a specific handbook line I could quote or something like that?

Thanks for your help, Gordon

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4 years 10 months ago #230945 by Gordon
Replied by Gordon on topic Appealing PIP
Clare

Just say in your request that your comments are based on how you were when the assessment was carried out.

Gordon

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

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4 years 10 months ago #230950 by Ellen
Replied by Ellen on topic Appealing PIP
Just tell them the truth and explain things you can/can't do and why- however daft or embarrassing-.
The following user(s) said Thank You: Clare

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