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TOPIC: PIP review

PIP review 2 months 1 week ago #169733

HI Everyone
I have been awarded 8 points for daily living and 4 for mobility. There were major mistakes on my HP assessment and since then I have additional medical evidence from my GP and consultant. I really feel I should appeal the decision, but deeply worried that my 8 points may be taken away.
Any advise very welcome.
x
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PIP review 2 months 1 week ago #169777

  • Gordon
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Pamela j wrote:
HI Everyone
I have been awarded 8 points for daily living and 4 for mobility. There were major mistakes on my HP assessment and since then I have additional medical evidence from my GP and consultant. I really feel I should appeal the decision, but deeply worried that my 8 points may be taken away.
Any advise very welcome.
x

They will look at both components and there is a risk that they could remove points from your Daily Living award, it doesn't happen very often, but it does happen.

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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

PIP review 2 months 1 week ago #169792

Hi Gordon
Thanks for the quick reply. I phoned today and asked for the review, and I intend to put it in writing with the extra evidence I have.
I have fibromyalgia, osteoarthritis in my shoulder as well as impingement in both shoulders, bursitis and tendinitis and a torn tendon in my right shoulder , disc replacement and degenerated discs in my neck, insomnia, bladder problems ( especially at night) and chronic venous insufficiently in my legs. I have had a recent diagnoses of carpal tunnel in both hands, I also suffer now from anxiety. I am submitting a supporting letter from my GP plus the specialist letter saying I have carpal tunnel.
My assessment was terrible. The HP said I had full movement in my neck and right shoulder so could use aids for washing, cooking etc. I was so upset as the DWP didn't seem to even take into account the MRI report of my shoulders, if they had they would have seen this was not correct. The 8 points was basically for the use of aids. In fact I need a lot of physical help now. My husband is my carer but he works full time and he has diabetes with problems and is finding it difficult to cope. Hence the claim in the first place and the appeal.
I have 28 days to forward any evidence, but I am still worried sick that they will take those points away.
Any advise very welcome.
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PIP review 2 months 1 week ago #169799

  • Gordon
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  • Forum Moderator
Pamela

Did you explain on your PIP2 why you cannot use suitable aids? I'm afraid you need to spell these things out, there will be no assumption that problems with your shoulders mean that you cannot use those aids

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

PIP review 2 months 1 week ago #169815

I didn't put that on there, Does that mean my appeal will not carry any wait?
Thank you.
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PIP review 2 months 1 week ago #169827

  • Gordon
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Pamela j wrote:
I didn't put that on there, Does that mean my appeal will not carry any wait?
Thank you.

If your contention is that you cannot use the aids that those assessing have said you can, then you need to explain why you cannot to have any prospect of your overturning the Decision, however, it's not too late for you to do this, write a letter to the DWP explaining your problems for each activity., it needs to be sent to the DWP office handling your claim and marked for the attention of the Decision Maker.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
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