Login FormClose

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

TOPIC: Disagree with PIP decision

Disagree with PIP decision 2 months 1 week ago #223958

Hello, I received a decision on my PIP award I do not agree with. The time scale for sending my response has lapsed. Do I go straight to tribunal first, and/or do I contact PIP to let them know what I disagree with?
Kind Regards

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

Disagree with PIP decision 2 months 1 week ago #223966

AshG wrote: Hello, I received a decision on my PIP award I do not agree with. The time scale for sending my response has lapsed. Do I go straight to tribunal first, and/or do I contact PIP to let them know what I disagree with?
Kind Regards


You will have to make a Late request for a Mandatory Reconsideration, in addition to your reasons for the request you will also need to explain why it was not submitted within the normal one month allowed

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.

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

Disagree with PIP decision 2 months 1 week ago #223982

Thank you for your reply Gordon.
I will keep you up dated of my actions and progress
Kind Regards

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

Disagree with PIP decision 1 month 3 weeks ago #224803

Hi Gordon, I have received the report from my resent assessment. There are a number of statements I do not agree with:
1. It states "no side effects reported". I do not recall being asked about side effects, however, throughout the PIP questionnaire I have mentioned the side effects of my medication.
There is no mention of the increase in my stress and anxiety medication.
Assessor reports," functionally everyday is the same with no variability". Throughout the assessment my husband and I talked about anxiety, stress, fatigue and pain affecting me on a daily basis.
The other point I strongly disagree with is, Planning & following journeys. I very rarely go out without my husband and I certainly would not go anywhere I don't know. I do not plan any journeys, let alone travel on my own.
Can you suggest what I do next, pleas?

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

Disagree with PIP decision 1 month 3 weeks ago #224815

Ash

Why are these statements important to you? What conclusions or opinions did the assessor make that is related to them?

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.

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
  • Page:
  • 1
Moderators: GordonIzzy1010