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Hi PIP declined and have Bipolar
- Paul
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5 years 4 months ago #241577 by Paul
PIP declined and have Bipolar was created by Paul
Hello I have just received my PIP declined letter. Obviously I’m going to appeal and have to start to start with mandatory reconsideration process. I actually didn’t score any points. I only recently spent a month in an acute unit on a section but the letter made me sound absolutely perfect. Most people, particularly those with bipolar, really wonder about the interview and the outcome. I have a job but haven’t worked for 5 months. I don’t expect any change from the reconsideration so will then appeal. My main question is what is the best form of support or guidance for the appeal. There’s so much information available but I don’t think reading through any FAQ’s will help me much. Is there anyone with Bipolar who has had success with an appeal and had any help?
Thanks
Thanks
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- BIS
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5 years 4 months ago #241579 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Hi PIP declined and have Bipolar
Hi Paul
As you are aware 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, 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.
I would not assume that you cannot win at the MR stage. It can be hard but you want to try rather than have to wait for nearly a year for an appeal.
BIS
As you are aware 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, 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.
I would not assume that you cannot win at the MR stage. It can be hard but you want to try rather than have to wait for nearly a year for an appeal.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Paul
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5 years 4 months ago #241609 by Paul
Replied by Paul on topic Hi PIP declined and have Bipolar
Thanks BIS
OK I’ll start with the letter and I’ll ask for a copy of the assessment. Can I do it in one letter or should I send 2 separate letters? Also, should I ask for a copy of the assessment by phone then follow with a letter? Once I’ve done that I’ll take it one step at a time and no doubt I’ll come back for some more help. I’m absolutely flabbergasted by the fact I got 0 points. They tie you up in nots and only highlight bits that makes you sound amazing. If they don’t know you how can they make the assumptions that they do. As I said I have Bipolar which is quite complex. If you can answer a question then they state you have no issue. I don’t think the assessor had any understanding of bipolar or mental health in general. Sorry to rant but I only got the letter yesterday and I just can’t believe the wording
OK I’ll start with the letter and I’ll ask for a copy of the assessment. Can I do it in one letter or should I send 2 separate letters? Also, should I ask for a copy of the assessment by phone then follow with a letter? Once I’ve done that I’ll take it one step at a time and no doubt I’ll come back for some more help. I’m absolutely flabbergasted by the fact I got 0 points. They tie you up in nots and only highlight bits that makes you sound amazing. If they don’t know you how can they make the assumptions that they do. As I said I have Bipolar which is quite complex. If you can answer a question then they state you have no issue. I don’t think the assessor had any understanding of bipolar or mental health in general. Sorry to rant but I only got the letter yesterday and I just can’t believe the wording
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5 years 4 months ago #241610 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Hi PIP declined and have Bipolar
Hi Paul
Ring and ask for a copy of the assessment report. At the same time you could tell them you are putting in for a Mandatory Reconsideration.
Then write immediately confirming your conversation saying that you want the assessment report and you are putting in for an MR. (and keep a copy).
You'll find it easier to fight once you have their reasoning. I suspect you will get things like: showed no signs of distress, presented well, made eye contact and communicated well!
Have you got any medical evidence? - if you did you should use it again to highlight your difficulties.
Apart from any medical evidence - I don't know if you have a friend or relative who wrote or could write a statement, who knows your difficulties against the PiP criteria. If you didn't do this originally you should add it as additional evidence in your MR submission.
BIS
Ring and ask for a copy of the assessment report. At the same time you could tell them you are putting in for a Mandatory Reconsideration.
Then write immediately confirming your conversation saying that you want the assessment report and you are putting in for an MR. (and keep a copy).
You'll find it easier to fight once you have their reasoning. I suspect you will get things like: showed no signs of distress, presented well, made eye contact and communicated well!
Have you got any medical evidence? - if you did you should use it again to highlight your difficulties.
Apart from any medical evidence - I don't know if you have a friend or relative who wrote or could write a statement, who knows your difficulties against the PiP criteria. If you didn't do this originally you should add it as additional evidence in your MR submission.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Remix
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5 years 4 months ago #241612 by Remix
Replied by Remix on topic Hi PIP declined and have Bipolar
Paul I share your pain. As BIS says they make casual observation and this forms part of the report. It is outrageous, but hopefully you get somebody understanding who looks at your MR, and should it go to Tribunal you can expect to be facing two authentic doctors who aren't trained to tick boxes, and a judge who will no doubt have seen many a case like yours and feels similarly aggrieved by the process as you.
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- Paul
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5 years 4 months ago #241650 by Paul
Replied by Paul on topic Hi PIP declined and have Bipolar
Hello BIS
Thanks for clarifying although I need to be annoying and double check something with you. When I call and then follow up with a letter, would I be right in assuming that’s not actually going to include the MR. I just wanted to check as it’ll take me a little while to prepare the further information. I hope this makes sense and sorry for being a pain.
Thanks
Paul
Thanks for clarifying although I need to be annoying and double check something with you. When I call and then follow up with a letter, would I be right in assuming that’s not actually going to include the MR. I just wanted to check as it’ll take me a little while to prepare the further information. I hope this makes sense and sorry for being a pain.
Thanks
Paul
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