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Too late to appeal for PIP?
- KateW
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2 years 1 week ago #269205 by KateW
Too late to appeal for PIP? was created by KateW
Hi,
I had a telephone assessment early last year (2021) and got the results in April 2021. I had gone from enhanced care and standard mobility to standard care and no mobility.(PIP)
When I received the renewal letter I phoned DWP to let them know that nothing had changed since my last assessment except that I now receive incontinence pads from my district nurse. The man on the phone said all I had to do was write ‘no change’ next to each question and then add notes at the end plus contact details for my district nurse. Which I (stupidly now in hindsight) did.
When I had the telephone assessment I recorded it on my iPad and had my phone on speakerphone as I can’t hold the phone for more than a few minutes.
When I received the new award, there were so many discrepancies e.g. it said I could communicate with no problem and could understand all questions. I distinctly remember asking the assessor to repeat themselves several times on one or two questions because I didn’t understand and told them I was getting really tired so had trouble speaking as well as comprehending their question.
When I received the award I was heartbroken and going through a horrendous amount of stress at that time because I was also going through an assessment of ASD with my youngest child and trying to get them help as they had been suicidal. So I just couldn’t take on any more appeals right then as I couldn’t cope with anything else and the M.E. was so bad I could barely function.
Now it’s almost a year later and I’m in a better place mentally, though the M.E. Is still really bad, but I want to know if I can still appeal - mainly on the point that I was given the wrong information to ‘add no change to all the questions’ when in fact if I had actually filled in the form completely then I wonder if I hadn’t needed the assessment at all?
Or am I just better off calling them because my illness is worse and needs to be reassessed? I really want my claim backdated to the original date, as I was also told that my claim had been extended until October 2021 therefore I shouldn’t have been assessed until after then anyway!
Any help greatly appreciated, thank you.
Kate
I had a telephone assessment early last year (2021) and got the results in April 2021. I had gone from enhanced care and standard mobility to standard care and no mobility.(PIP)
When I received the renewal letter I phoned DWP to let them know that nothing had changed since my last assessment except that I now receive incontinence pads from my district nurse. The man on the phone said all I had to do was write ‘no change’ next to each question and then add notes at the end plus contact details for my district nurse. Which I (stupidly now in hindsight) did.
When I had the telephone assessment I recorded it on my iPad and had my phone on speakerphone as I can’t hold the phone for more than a few minutes.
When I received the new award, there were so many discrepancies e.g. it said I could communicate with no problem and could understand all questions. I distinctly remember asking the assessor to repeat themselves several times on one or two questions because I didn’t understand and told them I was getting really tired so had trouble speaking as well as comprehending their question.
When I received the award I was heartbroken and going through a horrendous amount of stress at that time because I was also going through an assessment of ASD with my youngest child and trying to get them help as they had been suicidal. So I just couldn’t take on any more appeals right then as I couldn’t cope with anything else and the M.E. was so bad I could barely function.
Now it’s almost a year later and I’m in a better place mentally, though the M.E. Is still really bad, but I want to know if I can still appeal - mainly on the point that I was given the wrong information to ‘add no change to all the questions’ when in fact if I had actually filled in the form completely then I wonder if I hadn’t needed the assessment at all?
Or am I just better off calling them because my illness is worse and needs to be reassessed? I really want my claim backdated to the original date, as I was also told that my claim had been extended until October 2021 therefore I shouldn’t have been assessed until after then anyway!
Any help greatly appreciated, thank you.
Kate
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- LL26
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2 years 1 week ago #269215 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Too late to appeal for PIP?
Hi KateW,
There is an ultimate 13 month time limit from the date of the decision letter. This means that you may yet be able to appeal, but will have to act fast! Normally you should appeal within 1 month of the decision date. However a late appeal can be made, but this late on you would need to show a very good reason for such a late appeal. You have told us that it was the perfect storm of dealing with your child's diagnosis/suicidal thoughts, a flare up of your own ME, and no doubt the aftermath of Covid/lockdowns etc. This is all certainly a good reason, and potentially could be enough, as long as you really stress the problems with your child, your health etc.
DWP do not have to accept a late appeal, but they do need to consider it, and you can appeal a decision not to allow an appeal, so all is not lost if they do refuse.
my view is that it is worth a try.
What you will need to do is to write a letter and head it 'Mandatory Reconsideration' - include your name/NI number on all pages.
Tell them you wish DWP to reconsider the decision. Then acknowledge the fact you are late and explain why as above. State that the decision was on eg 14th April, and the maximum 13 month limit runs out on 14th May, and hence you are still in time to apply. You can also explain that you were told incorrectly about how to fill out the form, and you would have filled it out differently if you had known. Your condition had not changed (and/or had become worse) and due to everything that was going on you were not physically/mentally able to begin the appeal process in a timely manner. The new decision was therefore incorrect. By refusing to allow the Reconsideration to take place, then DWP will be denying you your right to access justice, and to revert back to the previous (correct) level of PIP. The denial of your right to access justice is a breach of Article 6 ECHR.
Then you can criticise the assessment report - rather than nit pick find four or five major flaws (you can group things together into bullet points. - eg lack of understanding of my condition/cut and paste approach/incorrect assumptions etc - and provide an example of the worst occasion when each of these things occur.)
Then you can go onto to the descriptors - refer to the members guides to help - and then say what descriptor is correct - so if nothing has changed - say whatever you said on the previous claim form and repeat this - 'I still have difficulties with...' or 'I still can't do...'
Explain what has become worse. Do remember that even if say you are less mobile - you still may not fit within a higher points band. EG if you could walk 150m, and now it's 75m. Yes 50% less ability but you still fit within the 50-200m bracket under Mobility 2b. Same for dressing - if you took over ' a reasonable time' last time, but now it's even slower - still no more points.
Be aware that DWP could reopen the whole of the award (if they agree the MR can go ahead.) However, of course if they do that, then you can appeal to the tribunal . If MR is allowed, but DWP make no revision, again you can go to the tribunal.
But, as I said earlier, speed is of the essence!
Good luck.
Please let us know how you get on.
LL26
There is an ultimate 13 month time limit from the date of the decision letter. This means that you may yet be able to appeal, but will have to act fast! Normally you should appeal within 1 month of the decision date. However a late appeal can be made, but this late on you would need to show a very good reason for such a late appeal. You have told us that it was the perfect storm of dealing with your child's diagnosis/suicidal thoughts, a flare up of your own ME, and no doubt the aftermath of Covid/lockdowns etc. This is all certainly a good reason, and potentially could be enough, as long as you really stress the problems with your child, your health etc.
DWP do not have to accept a late appeal, but they do need to consider it, and you can appeal a decision not to allow an appeal, so all is not lost if they do refuse.
my view is that it is worth a try.
What you will need to do is to write a letter and head it 'Mandatory Reconsideration' - include your name/NI number on all pages.
Tell them you wish DWP to reconsider the decision. Then acknowledge the fact you are late and explain why as above. State that the decision was on eg 14th April, and the maximum 13 month limit runs out on 14th May, and hence you are still in time to apply. You can also explain that you were told incorrectly about how to fill out the form, and you would have filled it out differently if you had known. Your condition had not changed (and/or had become worse) and due to everything that was going on you were not physically/mentally able to begin the appeal process in a timely manner. The new decision was therefore incorrect. By refusing to allow the Reconsideration to take place, then DWP will be denying you your right to access justice, and to revert back to the previous (correct) level of PIP. The denial of your right to access justice is a breach of Article 6 ECHR.
Then you can criticise the assessment report - rather than nit pick find four or five major flaws (you can group things together into bullet points. - eg lack of understanding of my condition/cut and paste approach/incorrect assumptions etc - and provide an example of the worst occasion when each of these things occur.)
Then you can go onto to the descriptors - refer to the members guides to help - and then say what descriptor is correct - so if nothing has changed - say whatever you said on the previous claim form and repeat this - 'I still have difficulties with...' or 'I still can't do...'
Explain what has become worse. Do remember that even if say you are less mobile - you still may not fit within a higher points band. EG if you could walk 150m, and now it's 75m. Yes 50% less ability but you still fit within the 50-200m bracket under Mobility 2b. Same for dressing - if you took over ' a reasonable time' last time, but now it's even slower - still no more points.
Be aware that DWP could reopen the whole of the award (if they agree the MR can go ahead.) However, of course if they do that, then you can appeal to the tribunal . If MR is allowed, but DWP make no revision, again you can go to the tribunal.
But, as I said earlier, speed is of the essence!
Good luck.
Please let us know how you get on.
LL26
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- KateW
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1 year 11 months ago #270425 by KateW
Replied by KateW on topic Too late to appeal for PIP?
Thank you, I was able to get an extra four weeks to do the MR and I’m going to read all the guides first. I’m actually worse now than I was a year ago so should I mention that or leave it as how I actually was last year?
Kate
Kate
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- peter
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1 year 11 months ago #270438 by peter
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Replied by peter on topic Too late to appeal for PIP?
Hi KateW,
I’m glad you got the extra time for your MR.
I think you should include everything you originally said again with the addition of how your condition has worsened including any reports from professionals and others.
After all, if they approved your original claim but at middle rate for example, you would probably report a change in circumstances to get yourself moved to the higher rate.
Hope this helps and good luck
Regards
Pete
I’m glad you got the extra time for your MR.
I think you should include everything you originally said again with the addition of how your condition has worsened including any reports from professionals and others.
After all, if they approved your original claim but at middle rate for example, you would probably report a change in circumstances to get yourself moved to the higher rate.
Hope this helps and good luck
Regards
Pete
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