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PIP mandatroy reconsideration/appeal
- pipsqueak
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5 years 4 months ago #242210 by pipsqueak
PIP mandatroy reconsideration/appeal was created by pipsqueak
Hi
After 3 cancelled appointments by the DWP, the PIP assessment finally took place. As others have found it was a joke and the outcome, well, even more of a shock than I thought/feared. I got nil points. So I am starting the appeal process. Two questions:
1)
I have been told to keep the blurb for the reconsideration quite simple and keep my powder dry for the actual appeal.
- Is this correct?
2)
In their report, the assessor noted that I do not take medication for my anxiety/depression. The fact that she pointed that out of the whole list of meds I take suggests that she regards this as a mark that I don't have anxiety/depression and that I am making it up.
- I thought there had been a ruling against this kind of negative assessment? Is this correct and is there a link to it I could use?
Many thanks for your replies.
After 3 cancelled appointments by the DWP, the PIP assessment finally took place. As others have found it was a joke and the outcome, well, even more of a shock than I thought/feared. I got nil points. So I am starting the appeal process. Two questions:
1)
I have been told to keep the blurb for the reconsideration quite simple and keep my powder dry for the actual appeal.
- Is this correct?
2)
In their report, the assessor noted that I do not take medication for my anxiety/depression. The fact that she pointed that out of the whole list of meds I take suggests that she regards this as a mark that I don't have anxiety/depression and that I am making it up.
- I thought there had been a ruling against this kind of negative assessment? Is this correct and is there a link to it I could use?
Many thanks for your replies.
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5 years 4 months ago #242221 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mandatroy reconsideration/appeal
pipsqueak
1. There is no value in your holding anything back for the appeal, for want of a better phrase, your testimony and evidence does not go stale, a Tribunal panel looks at everything from scratch.
2. Sorry but it's not clear from your post whether you do take medication for your mental health issues or not. If you don't and there is a reason for that? If not, then I'm afraid you may struggle to argue that your conditions are severe enough to impact on your completing the PIP activities.
There is Case Law in this area, see
pipinfo.net/conditions/anxiety-and-depression
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.
Gordon
1. There is no value in your holding anything back for the appeal, for want of a better phrase, your testimony and evidence does not go stale, a Tribunal panel looks at everything from scratch.
2. Sorry but it's not clear from your post whether you do take medication for your mental health issues or not. If you don't and there is a reason for that? If not, then I'm afraid you may struggle to argue that your conditions are severe enough to impact on your completing the PIP activities.
There is Case Law in this area, see
pipinfo.net/conditions/anxiety-and-depression
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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- pipsqueak
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5 years 4 months ago #242227 by pipsqueak
Replied by pipsqueak on topic PIP mandatroy reconsideration/appeal
Thank you.
I don't take meds for anxiety and depression because they have been either useless, be counterproductive or put me at all kinds of risks.
This was explained in detail in the original claim form but the assessor, who asked to see my list of meds noted in her report that I was not taking any meds for anxiety and depression.
I thought I had heard that not taking these meds should not go against the applicant and that there was a recent ruling about this. I could not see it in the link you provided.
Overall, the report points to the decision maker having only focused on physical aspects and ignored the psychological issues and how they impact on my daily life, including mobility.
I also suffer from severe chronic migraines which also have a severe impact on my life. The assessor concluded that having meds for the migraines equated with migraines are well managed. Again, the effects of the migraines as much as the side effects of the meds I take for them were well detailed in the original application where I also explain that they don't always work or can take a very long time to work (after several doses) and what happens then. All this was ignored in the report.
Taking meds should not necessarily mean problem sorted and not taking meds should not necessarily mean there is not a problem.
I don't take meds for anxiety and depression because they have been either useless, be counterproductive or put me at all kinds of risks.
This was explained in detail in the original claim form but the assessor, who asked to see my list of meds noted in her report that I was not taking any meds for anxiety and depression.
I thought I had heard that not taking these meds should not go against the applicant and that there was a recent ruling about this. I could not see it in the link you provided.
Overall, the report points to the decision maker having only focused on physical aspects and ignored the psychological issues and how they impact on my daily life, including mobility.
I also suffer from severe chronic migraines which also have a severe impact on my life. The assessor concluded that having meds for the migraines equated with migraines are well managed. Again, the effects of the migraines as much as the side effects of the meds I take for them were well detailed in the original application where I also explain that they don't always work or can take a very long time to work (after several doses) and what happens then. All this was ignored in the report.
Taking meds should not necessarily mean problem sorted and not taking meds should not necessarily mean there is not a problem.
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- Gordon
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5 years 4 months ago #242235 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mandatroy reconsideration/appeal
pipsqueak
If anything, the DWP can assume the benefits to the claimant of taking medication, however, you appear to have Good Cause for not doing so and you should emphasise this in your MR.
I agree with you that taking medication or having treatment does not mean that the claimant's problems are solved. You say that these were detailed in the original application, was this a review? If it was then I'm afraid it is possible that your original form was not read with the attention it should have been and you may need to go back through this issue in your MR.
Gordon
If anything, the DWP can assume the benefits to the claimant of taking medication, however, you appear to have Good Cause for not doing so and you should emphasise this in your MR.
I agree with you that taking medication or having treatment does not mean that the claimant's problems are solved. You say that these were detailed in the original application, was this a review? If it was then I'm afraid it is possible that your original form was not read with the attention it should have been and you may need to go back through this issue in your MR.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 4 months ago #242239 by pipsqueak
Replied by pipsqueak on topic PIP mandatroy reconsideration/appeal
Hi,
No it wasn't a review. Like many, I was on DLA and was asked to apply for PIP. This is the original application form I am referring to. This was in May or June.
Then the 3 cancelled (by them) appointments for the assessment which finally took place on 8 Nov and the decision letter with the report in it from the assessor.
What I worry about is that the guidance for MR states to NOT say what you've already said before ("Please don’t send Information you have already provided")
1- But what if they, as in this case, seem to have taken no notice of the information already provided that explains my case?
2- Should I just take every point of the report and reply to it?
Will that be discarded because, as it will be a repeat of what I put in my application, it will not meet the criteria of the guidance document?
It's really tricky....
3- Finally, best to send the form recorded delivery?
Thank you
No it wasn't a review. Like many, I was on DLA and was asked to apply for PIP. This is the original application form I am referring to. This was in May or June.
Then the 3 cancelled (by them) appointments for the assessment which finally took place on 8 Nov and the decision letter with the report in it from the assessor.
What I worry about is that the guidance for MR states to NOT say what you've already said before ("Please don’t send Information you have already provided")
1- But what if they, as in this case, seem to have taken no notice of the information already provided that explains my case?
2- Should I just take every point of the report and reply to it?
Will that be discarded because, as it will be a repeat of what I put in my application, it will not meet the criteria of the guidance document?
It's really tricky....
3- Finally, best to send the form recorded delivery?
Thank you
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- Gordon
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5 years 4 months ago #242245 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mandatroy reconsideration/appeal
pipsqueak
You can submit whatever you want for your MR the DWP cannot dictate what you can or cannot include.
1. All you can do is point them back to it.
2. I would deal with the most important ones and certainly ignore the more trivial, also, think about presentation, try and keep your sentences short and to the point
3. I would if you can afford it.
Gordon
You can submit whatever you want for your MR the DWP cannot dictate what you can or cannot include.
1. All you can do is point them back to it.
2. I would deal with the most important ones and certainly ignore the more trivial, also, think about presentation, try and keep your sentences short and to the point
3. I would if you can afford it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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