× Members

You cannot get PIP because;

More
5 years 1 month ago #245958 by chookey
You cannot get PIP because; was created by chookey
Hello, I joined/subscribed to this most helpful site after applying for PIP. My claim form was filled in by my McMillan adviser, she has done this many times and she spent around 2 hours completing it.
Without too much detail my problems are arthritis (30+years and knee replacement 2016) and most recent cancer surgery (oral and neck, radio +chemotherapy) last September.
Today I received a letter saying I wasn't entitled to claim PIP because I wasn't eligible for it in the 12 months leading up to my claim. At least, that's what I think it says.

It goes on to say that my claim has been passed to Attendance Allowance. I am 64 and not 65 till Feb next year. Shouldn't it change to 66 anyway in line with my extended retirement date? I have contacted my McMillan adviser as she copied my claim form so I can have ammunition before making the dreaded phone call to them.

My speech isn't great following my surgery and I'm distancing at the moment due to the virus. The letter say's I need to take action before 27th April 2020, doesn't tell me what action I should take though.

I always expected problems with my claim but this I didn't expect. Admittedly during my home assessment both my daughter and I were surprised when the assessor stated how recent my arthritic problems were. We quickly corrected her that I have suffered to different degrees for more than 30 years.

Please Log in or Create an account to join the conversation.

More
5 years 1 month ago #245966 by BIS
Replied by BIS on topic You cannot get PIP because;
Hi Ian C

The first stage to challenging a Decision (if you want to) 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.

Re your eligibility to PIP, it does not change because of your extended retirement date.

Did you send in any additional medical information with your claim, re arthritis or cancer? If you didn't, you should do.

BIS

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

Please Log in or Create an account to join the conversation.

More
5 years 1 month ago #245971 by chookey
Replied by chookey on topic You cannot get PIP because;
I'll wait until hearing from the McMillan adviser regarding a Mandatory Reconsideration. The problem being that if they overturned it and actually looked at my claim then decided I didn't have enough points, would I be able to ask for another?
I never included any further evidence with my claim. Mainly because I don't have any and secondly besides giving details of health professionals I expect it all to be in my medical records. I didn't even know what PIP was until my adviser suggested I should try and claim.

Please Log in or Create an account to join the conversation.

More
5 years 1 month ago #245973 by BIS
Replied by BIS on topic You cannot get PIP because;
Hi Ian C

Regarding the medical evidence - although it says in the DWP information they will contact your GP for further information they very rarely do this and in reality, they hope claimants will send in some information. So it sounds as if your PIP assessor may not have had enough corroborating evidence (certainly for the arthritis as I assume your McMillan advisor has only been involved in your care since your cancer diagnosis). You can always access your own records or ask your GP for a report.

While you wait to make contact with your McMillan adviser you would do as well to ask the DWP for your assessment report. I can take up to ten days to arrive and unless you can see how the decision was reached, it's almost impossible to challenge how the decision maker came to their conclusion. You can have your report without ever saying you are putting in for a mandatory reconsideration.

BIS

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

Please Log in or Create an account to join the conversation.

More
5 years 1 month ago #245979 by chookey
Replied by chookey on topic You cannot get PIP because;
I'm on hold with DWP as we speak, 1hr 23m so far, lol. Been on too long now to cancel. Just to ask for my report.

What other evidence of Arthritis can I submit? I have shown evidence of medications but all else is GP and Hospital records. I'm not sure how I would fare in trying to obtain my records in light of the Coronavirus we are experiencing. Perhaps wouldn't get access in an acceptable time frame to meet the April 27th deadline.
Funny there's no mention of appeals or reconsideration on this letter which is also unsigned

Please Log in or Create an account to join the conversation.

More
5 years 1 month ago #245981 by chookey
Replied by chookey on topic You cannot get PIP because;
Well after just under 2 hours on hold I have good news and bad news, lol.

The problem was my date of birth. Don't know how but they had me as a 70 year old born in 50 rather than 56. She said to ignore the letter and she will re-open my case.

I thanked her and before I could ask for my assessment report she was gone. :laugh:

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.