Login FormClose

Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: PIP Decision

PIP Decision 4 months 1 week ago #243249

I have recieved the decision for the PIP and have been awarded standard rate for daily living only. I feel totally devastated as was expecting enhanced rate for both.

I know I should be grateful and I could request a mandatory appeal but I don’t have a lot of fight left in me and what I do have I need for day to day life.

I went in to great detail on the form, hoping that and the assessment would give me the help I need.

I would appreciate any advice, I feel like I am at breaking point and don’t know if I have got enough in me to put myself together yet again

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

PIP Decision 4 months 1 week ago #243251

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

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

Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP Decision 3 months 3 weeks ago #243847

Thank you for your reply BIS.

I have been awarded 2 points each for the following activities –

Preparing Food
Washing & Bathing
Managing Toilet Needs or Incontinence
Dressing & Undressing

I was also awarded 4 points for Moving Around but feel I should have been awarded 10 points
I have decided to apply for the mandatory reconsideration, and am going to ask for reconsideration for the following activities –

2. Taking Nutrition
3. Managing Therapy or Monitoring A Health Condition
8. Reading & Understanding Symbols & Words
9. Engaging With Other People Face To Face
Planning & Following Journeys
Moving Around

I have followed the guidance in the Personal Independence Payment Appeal Submissions guide, is there any other guidance that maybe helpful. Also I know that some people have cited case law like In the case (CE/3883/2012), about Employment and Support Allowance, the Judge held; “where…the disability analyst is a physiotherapist and the problems she is dealing with are mental health problems. Are there any resources around that I can look at that may be helpful.

Thanks

Lucy

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

PIP Decision 3 months 3 weeks ago #243848

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

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

Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP Decision 3 months 2 weeks ago #244157

Hi there,

Thank you for your advice Gordon, I won’t cite case law. I was worrying about that. I have also had a look at the guides and they have been very helpful.

I have had another go at doing my letter (it’s hard eh!) and wanted to query a few things.

The assessor I saw was a registered Nurse, can I assert the point that she does not have any specialist / professional mental health knowledge etc.

On the first page in the other box under section “List all evidence considered alongside the consultation findings” it says “All FME visited.” Does anyone know what this means please?

Also in the physical examination section it has a lot of medical jargon that i don’t believe a non health professional would know can I bring this up as well?

I guess my main worry is that I am putting to much information in to the Mandatory Reconsideration and I won’t have anything to add if it goes to tribunal. I guess I am hoping if I put in enough it won’t go tribunal. Sorry for wittering on just feel very scared as I don’t feel confident in my abilities.

Thanks
Lucy

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

PIP Decision 3 months 2 weeks ago #244159

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

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

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: GordonGaryBIS

Free, fortnightly PIP, ESA and UC Updates

Our fortnightly bulletin, with over 80,000 subscribers, is the UK's leading source of benefits news. Find out what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.

Form Heading