PIP NO CHANGE AFTER REQUEST FOR REVIEW

Hi Nelly

I'm sorry to hear about the difficulties you are facing. Was last year the first time you applied for PIP? (It doesn't matter - I am just curious to know how much you are used to dealing with the system.) You say that you asked for a review, and I'm assuming that this was a Mandatory Reconsideration, which they have now denied.

When you originally sent in your claim, did you have a telephone assessment or a paper-based one? If you had a telephone assessment - then I hope you had a copy of the assessment report (a PA4) which should have given you more details of how they reached their decision. I don't know from what you said whether you disagreed with their decision letter or the report.

If you had a paper-based decision, they have stopped producing a report as they used to, and the only way to get any further details is to put in a subject access request, which a couple of our members have done. One reported that it was helpful and they got some notes - and I don't know the result of the other.

If you did get a PA4 (assessor's report) - that's when you get the most information. Generally once someone puts in for a Mandatory Reconsideration - the response very rarely provides any additional information which is frustrating for you. You say that you don't understand how they came to their decision and obviously you need to. You could if you could tolerate it - ring and ask for a call-back from a case number to explain to you why your award remains unchanged. You want the reply from a case manager not one of the normal call handlers who answer the phone. You could write - but there's a good chance that you won't get any sort of response or it will just be a letter confirming what you already know - ie they are not going to change their mind.

Should you put in for an Appeal? That is a decision you will have to make for yourself. It can take up to 52 weeks for your case to be heard - (even longer in some parts of the country). You have far more chance of success at Appeal stage than you do for a Mandatory Reconsideration. One thing that you should not worry about is losing the award you already have. If a Tribunal Panel think that there is a chance that a claimant's award will be reduced, they give the claimant the opportunity to withdraw their appeal, and therefore they are left with what they have already been awarded. (ie You would still be on standard ddaily living until your award was reviewed again).

If you are going to put in for an appeal, consider the strain on you putting your case together, the long wait and having to argue your case in front of a Tribunal Panel (unless you decided to ask for a paper-based decision). Only you know whether you can face that. Plenty of our members have done so and been successful.

My one piece of advice is, if you decide to move forward, try to be objective and see if there are any places where you can improve what you submitted. it's not usually the amount of information that people fall down on - it is often linking their conditions and the impact to the specific PIP criteria. Claimants often expect the medical experts to 'understand' and then are disappointed when they don't. Go through the guide to PIP claims and reviews and look at every question and see if your arguments were strong enough. Also, look at page 17 of the guide and make sure you have applied all information under the 'reliability' heading in your answers. Getting that right is one of the easiest ways to win a case.

If you have any further questions, do come back and ask and we will try and help.

BIS