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TOPIC: P.I.P APPEAL

P.I.P APPEAL 1 month 8 hours ago #227884

Hi I am new to this website and wished I had joined earlier. |I am going to appeal my P.I.P award as I was given zero points for mobility when to be honest that was my main physical disability. I was awarded standard care award for the other descriptors.

I did not get a good report from the assessor and the decision maker went by her report word for word. Also I put in about some mental health issues and haver received care from psychologists for eight months which although not the best of results from that treatment it at least helped with getting me into a better frame of mind and on the way to begin to get more focus on day to day things. The assessor wrote that I had received no specialist input for depression or anxiety but that was why I had contact with the psychologist, and I am not sure how to word this in my appeal letter. Any help appreciated. I cannot get an appointment with C.A.B for over a month and I need to get this appeal in for the deadline.

P.I.P APPEAL 1 month 4 hours ago #227908

Pauline

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

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

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

P.I.P APPEAL 4 weeks 1 day ago #227985

Hi Gordon
Thank-you for your reply and pointing out where to find the guides I can use.

I am sorry but I forgot to mention that I did ask for a mandatory reconsideration and it came back
without any change. Also the reason I am in somewhat of a hurry to get my appeal in is because although the mandatory notice was dated 5th March it did not arrive to me until the 12th March so I do not have much time.

I fully understand what you are saying about criticising the H.P. s report but the thing is the report was a complete fabrication from start to finish and whatever i answered to her questions something different was typed and put in her report. I am critical about the fact she
wrote certain things in her observations of me that were somewhat trivial and things that were obvious and i feel should have been documented were not mentioned.
I must mention that for several weeks before the assessment that one of my conditions was causing me alot of pain (I do have a lot of conditions) the condition was the De Quevains which is in the joint of left thumb and middle finger, in the past i have had to have steroid injections into the site of those areas and they are painfull. The area has now got osteoarthritis
and i do strruggle with it particularly in the cold winter weather which it was when i had my assessment. Those times i wear a moulded hand /wrist brace for support which i was given from the hand clinic and so movement of fingers and wrist is inhibited but the joints feel comfortable as they are supported. Anyway in the musculo-skeletal examination box the health assessor has written up about movement and flexion in left hand and wrist even giving

maths equivalent about how my wrist moved backwards and forwards. In fact she did not do tests for the left wrist as i had the brace on. I told the DWP about this but they did not say any-
thing. Also i told them about my walking for my other condition and i know this has nothing to do with DLA and the PIP is a different benefit but i have been on lfietime award of DLA and they have moved me to the P.I.P. From having the high rate mobility DLA and making the use of mobility car for last 9 years the assessor has ended that Motability access for me by the worst report i could ever have had. I know that by appealing i could lose whatever they gave me but at the moment i still have my car and have been told i can keep it up until the appeal. I have not used public transport for nine years and my car gets me to all hospital, G.Ps appoinments etc. This is the last chance at the PIP for me as i am now at pension age and i will not be able to claim PIP again which is why i feel they have made this transition so difficult for me and completely falsified my assessment report. I was left so upset because when i done my claim pack i said i could walk 20 metres but no more than 50. Also i said on occasions i have stumbled and fallen over. The assessor said she saw me walk 20 metres to her room but she said her musculoskeletal examination (which took no more than 4 minutes)
said in her opinion i would be able to walk 200 metrs The worst thing of all a few weeks after the assessment and before i even heard from DWP about any awards i fell over injuring the left knee once again the one already injured in a previous fall and it has arthritis in it, had an x-ray and no fractures but it was fully swollen and bruised all the way down the leg so two weeks with the leg elevated and putting on ice packs and trying to stay comfortable as possible. The day i had been to the hospital for the leg my brother came over he is good and is like an unpaid formal carer even though i keep telling him do not worry about me he always is around although when i had the depression particularly bad last year on many occasions i would tell him go home as i just felt unable to talk and communicate. The post arrived and there it was a letter from Motability saying they had been informed i had lost my high rate benefit and had to contact them about the car. Talk about rubbing salt into the wounds. I had not even heard from DWP and when i rang them they said their letter must have got lost, and they would resend it. To me this whole process has been a bad experience and although i want to give up and stay in a darkened room and never get out of bed which sometimes seems a good option i still have a bit of survival instinct and want to fight on . Somehow this post has become very long so will close now but any advice you can give is more than appreciated, and of course the sooner the better as trying to motivate myself to get this appeal in a.s.a.p. I am thinking is it possible to just put the basics in the first letter saying i will send in my submissions later. thank-you for now.

P.I.P APPEAL 4 weeks 1 day ago #227992

Pauline

If you have had a Decision on an MR then the next stage in the process is for you to request an appeal.

Our PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

www.benefitsandwork.co.uk/help-for-claimants/pip

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

To be clear, I am not saying that you should not address the issues in the report but you must do it tactically to avoid getting into a he says - she says argument. That said the need to deal with the report is much reduced at appeal although not completely removed, see

www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge

The PIP walking test is much stricter than the DLA one, you mention that you assessed your walking a 20m-50m, this will not score you the points you need for an Enhanced award that you need for access to the Motability scheme. Did you hope to score also for the Going Out activity?

Gordon

P.I.P APPEAL 4 weeks 1 day ago #227997

Gordon thank-you for your reply, and it is very helpful In many ways I am thank-full to get any award as I know it is difficult to get through the PIP criteria. I know I would not get enhanced rate for moving around/mobility however I feel that I should have scored some points for that one. A zero total was harsh. The descriptor for going out was also something that I was unsure about , I said I could not travel anywhere unfamiliar alone as I feel anxious and panic it is more to do with mental issues I suppose and the fact as I said because of mobility I have not been able to walk to bus stops or access train stations for many years because of pain in walking and the accompany of anxiety so all a vicious circle. I have had to use mental health services in the past and worked through my problems but when I contacted them last June it was because I had stopped going out of the house and keeping up a few activities I used to enjoy and I had started to suffer from agrophobia which I have never had in the past which is why I say my brother was a great help to me. After much C.B.T. therapy and then counselling I was feeling a bit better to at least function although as yet not doing the outside activities I used to. I was once again penalised by assessor because I went to assessment alone, that was because it was under ten minutes from where I live and my daughter organised the taxi for me and prompted me that morning to be dressed and ready. My eldest daughter is good like that but she needed to be at her job as the contract is not going well and I did not want her to take time off work, I never told them I could not find my way about outside locally anyway, also I do take anti-depressant but not anti-anxiety tablets so I got penalised on that also and my mindset is still delicate to the fact I keep to routines and need to have that routine or else I start to feel overwhelmed. It is all complicated and hard to explain particularly when people cannot see a sign pointing out I have mental health issues, I can acknowledge people working in shops but I cannot get into a lot of communication with them and anyway lately I get my shopping needs done and then delivered, as always asking my brother to visit the supermarket is unfair to him. That is why I say to appeal is a bit frightening as mental health is something I feel embarrassed about and also ashamed and at first telling my G.P I could not cope was hard and even harder still to say to mental health professionals I am struggling made me feel weak and inadequate although once in the treatment it helped a lot. Getting a bit brain foggy thinking about it now and still not sure where I stand on getting that across in my appeal letter and do not want to write a lot of irrelevant information in it. Any more help really appreciated.
thank-you..

P.I.P APPEAL 4 weeks 1 day ago #228001

Pauline

For the Moving Around activity consider the following

You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.

Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.

The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.

If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.

You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.

I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example; what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?

You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide

www.benefitsandwork.co.uk/help-for-claimants/pip

So you need to explain what you can, how you are limited and why.

The Going Out activity looks at three things.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.

Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.

You cannot score directly for physical issues, so your being unable to get to a bus stop, as an example, will not help you score but your being unable to go out will, although your attending the assessment on your own will argue against this.

Gordon
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