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PIP Appeal
- bluemoose
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5 years 8 months ago #235868 by bluemoose
PIP Appeal was created by bluemoose
This is my first post and I hope you can help me please. I have to provide evidence for the Appeal. I have asked my GP, but all he can provide is a list of my medications and dates of my diagnosis. This has already been provided when I completed my PIP application and I do not feel it will add anything to assist my Appeal.I used to get DLA at the lower rate for care but as my condition got worse I applied for PIP. When I went for my PIP assessment the lady was writing notes on paper and assured me she would transfer them to her computer. However I was awarded nil points on all sections, and nothing I mentioned was recorded.I am suffering with depression,anxiety. arthritis, sciatica and calcium deposits on my knee(CPPD). My son helps me and suggested I write a diary for a week on how my conditions effect my daily living. I am not sure if this will help but I will try it. I Am very anxious about the Appeal I do not know how I can provide any more evidence to support my Appeal. If anyone can help or advise please let me know. Thank you.
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- BIS
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5 years 8 months ago #235872 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Appeal
Hi bluemoose
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
I am unsure of whether you are putting in an appeal or whether you are going for a mandatory reconsideration.
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
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
I am unsure of whether you are putting in an appeal or whether you are going for a mandatory reconsideration.
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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- phrank
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5 years 8 months ago #235875 by phrank
Replied by phrank on topic PIP Appeal
I've been thinking a lot lately about my last PIP review just over a year ago in which I scored zero points.
Of course, I appealed at the MR stage and won giving me exactly the same award as pre the assessment.
Now, I had always been on higher mobility and lower daily living up until this awful assessment and as I said it has now been reinstated.
My point is this, when you put in for a MR the Decision Maker looks at your argument, but surely they must look through your previous PIP assessment records and if they see a pattern emerging and use this to base their decision.
Lastly, I have always (more or less) scored on the same activities and every assessment has come up with the same result.
I may be wrong, but my argument that the assessor got it completely wrong surely alerted the DM and alarmed them given my previous PIP records.
So what I'm saying is blatant misreporting by the assessor CAN be picked up on if it's that obvious as mine was.
Don't know if anyone feels the same?
Anyway, that's got that off my chest.
Phrank.
Of course, I appealed at the MR stage and won giving me exactly the same award as pre the assessment.
Now, I had always been on higher mobility and lower daily living up until this awful assessment and as I said it has now been reinstated.
My point is this, when you put in for a MR the Decision Maker looks at your argument, but surely they must look through your previous PIP assessment records and if they see a pattern emerging and use this to base their decision.
Lastly, I have always (more or less) scored on the same activities and every assessment has come up with the same result.
I may be wrong, but my argument that the assessor got it completely wrong surely alerted the DM and alarmed them given my previous PIP records.
So what I'm saying is blatant misreporting by the assessor CAN be picked up on if it's that obvious as mine was.
Don't know if anyone feels the same?
Anyway, that's got that off my chest.
Phrank.
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