PIP Decision

Hi Lucy

I am sorry this has happened to you. Only you can decide whether you have the energy to fight the decision.

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.

BIS

Lucy

There are a number of documents in our PIP section under the Appeal heading that may be helpful including one that covers dealing with the assessment report.

I would be cautious of citing Case Law during an MR, especially ESA Decisions in regard to a PIP claim, they are not binding on the DWP and may distract from your showing that you actually meet the criteria for a higher award.

Gordon

Hi Lucy

You cannot say that the assessor has no 'specialist/professional mental health knowledge' - unless you have irrefutable knowledge of their entire working life. Better to say that you believe their knowledge may be 'limited'. All assessors undergo mandatory training including being able to assess mental health issues. Yes, I know that's not good enough - just saying what their argument will be.

FME = Further Medical Evidence.

There's not point in debating what you think a non-professional may or may not know. Your whole focus should be on the areas where you didn't score points and you think you should have done. The rest is just noise and if you're not careful could distract from your main points.

You can do this!

BIS