× Members

Daughter denied PIP after assessment - need help

More
7 years 1 month ago #183423 by sharron
My daughter has been on DLA for the past four years due to her having ME and liver diesase. We have had to transfer over to pip because she is now 16.
The assessor came to the house to asses my daughter, I got my daughter out of bed for the assessment, she was walking with a stick and by me holding her up the other side. We answered her questions to which my daughter couldn't do the memory questions, we explained that someone gets her tablets, she can't cook a meal, can't dress herself etc to find out today that the assessor put the total opposite down to what we said.
We are going to go through the process of appeal, can anyone give me guidance as to what we do and how we go about the process please.
Thank you.

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

More
7 years 1 month ago #183434 by Gordon

sharron wrote: My daughter has been on DLA for the past four years due to her having ME and liver diesase. We have had to transfer over to pip because she is now 16.
The assessor came to the house to asses my daughter, I got my daughter out of bed for the assessment, she was walking with a stick and by me holding her up the other side. We answered her questions to which my daughter couldn't do the memory questions, we explained that someone gets her tablets, she can't cook a meal, can't dress herself etc to find out today that the assessor put the total opposite down to what we said.
We are going to go through the process of appeal, can anyone give me guidance as to what we do and how we go about the process please.
Thank you.


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 her 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 she meets the criteria, there are many reasons she 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 she walked 50m, she did but they have failed to document that she 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

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

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

More
7 years 1 month ago #183490 by sharron
Hi Gordon

Thank you for your reply. We have spoken to DWP about having the PIP M/R, they have said that the case worker will call on Monday to go through the case, discuss what we disagree with and whether we can go through the pip appeal process.

During this call we are going to ask for a copy of the report that the assessor completed when they came out.

Can you or anyone else give me any advice as to what we do during the phone call.

Thank you, sharon

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

More
7 years 1 month ago #183517 by Gordon
sharron

I would go through your PIP2 and the PIP Claim guide to make sure that you have shown that you meet the criteria to score points. Make sure that you have used "reliably" and "on the majority of days" where applicable.

Make notes as you go if there are any discrepancies and of the primary reasons that you should score and keep this by the phone so your can refer to it when they ring.

The DM is looking to see whether there are any misunderstandings in your assessment that might mean that you can score higher.

Gordon

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

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

More
7 years 1 month ago #183519 by Nadya
From my experience it is much better to supply letters from your GP and consultants, where they describe your current health condition and to give this letters to your assessor or to send to DWP to your decision maker .
Again from my experience, my assessor had clear aim to catch me and cut down my points. And she did it for daily living. And she tried do it for mobility, asking me to stand up even I set in my wheelchair and had the letter from Acute Clinic, where my orthopedic consultant wrote the I had a severe pain.
Sharon, I am writing it just to support you. Because I was left very upset, stressed and humiliated after my assessment. I am a new disabled person. ( since October 2016). Assessment made my heath condition definitely worse.

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

More
7 years 1 month ago #183534 by David
I may be wrong but PIP is about what help, assistance or aid The Claimant needs to complete the activity to the best possible standard for theirself. If you said you always do something for your daughter she will score 0 points, likewise if you said she can't do something, look at prompting, supervision and assistance. It is nit picking semantics.

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

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.