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A negative appeal result. What the next?
- GTurrell
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5 years 5 months ago #240503 by GTurrell
A negative appeal result. What the next? was created by GTurrell
My son is 28 diagnosed with Asperger and Psychotic episode.
Recently he has been signed out from Meltal Health team support.
In April after face-to-face assessment my son lost his PIP. I knew about it in July from a letter, which PIP team addressed to and informed me about end of my son PIP award.
I have spoken a few time with PIP team members and sent them a letter with my concerns regarding their decision.
Yesterday my son showed me the letter with conformation that decision has been made not on his favour.
But it not reduce the problems my son experiences in his life and he still needs the same amount of care and supervision as he needed all these years.
Please advise what else I can do to try to change the decision has been made?
Recently he has been signed out from Meltal Health team support.
In April after face-to-face assessment my son lost his PIP. I knew about it in July from a letter, which PIP team addressed to and informed me about end of my son PIP award.
I have spoken a few time with PIP team members and sent them a letter with my concerns regarding their decision.
Yesterday my son showed me the letter with conformation that decision has been made not on his favour.
But it not reduce the problems my son experiences in his life and he still needs the same amount of care and supervision as he needed all these years.
Please advise what else I can do to try to change the decision has been made?
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- Gary
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5 years 5 months ago - 5 years 5 months ago #240505 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic A negative appeal result. What the next?
Hi Galyna Turrell
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work www.benefitsandwork.co.uk/help-for-claim...q/general-faq#Gen140
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? www.benefitsandwork.co.uk/help-for-claim...q/forums-faq#Forum10
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 Mandatory Reconsideration & 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
If you have already requested a mandatory reconsideration and been turned down then the next stage is to appeal on a form called SSCS1, remember time limits, you need to appeal within one month of the mandatory decision but you can do out of time appeals with good cause, have a look at our guides for help.
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.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work www.benefitsandwork.co.uk/help-for-claim...q/general-faq#Gen140
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? www.benefitsandwork.co.uk/help-for-claim...q/forums-faq#Forum10
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 Mandatory Reconsideration & 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
If you have already requested a mandatory reconsideration and been turned down then the next stage is to appeal on a form called SSCS1, remember time limits, you need to appeal within one month of the mandatory decision but you can do out of time appeals with good cause, have a look at our guides for help.
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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 5 months ago by Gary.
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