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Claim Refused
- Diane Sullivan
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7 years 5 months ago #173507 by Diane Sullivan
Claim Refused was created by Diane Sullivan
Hi. I have just had my PIP refused by the DWP. I am planning on making an appeal. I have a disability and also suffer depression and anxiety. My disability has been scored very low and my depression and anxiety has not been taken into consideration at all according to their explanation in the letter I received.
I have been reading the protocols that the decision makers have to consider when making their decision and depression is one of those protocols but this was in 2010 so are the same protocols in place now ? I know they keep changing things and making it more difficult for people to make a claim.
Any help anyone can give me with this would be very much appreciated.
Thank you
Diane
I have been reading the protocols that the decision makers have to consider when making their decision and depression is one of those protocols but this was in 2010 so are the same protocols in place now ? I know they keep changing things and making it more difficult for people to make a claim.
Any help anyone can give me with this would be very much appreciated.
Thank you
Diane
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- Gordon
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7 years 5 months ago #173557 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Claim Refused
DS
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Forgive me but I am not sure what you mean by "protocols", PIP can only be awarded because the claimant meets the criteria for points.
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
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Forgive me but I am not sure what you mean by "protocols", PIP can only be awarded because the claimant meets the criteria for points.
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
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- Chris77
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7 years 5 months ago #173667 by Chris77
Replied by Chris77 on topic Claim Refused
Hello Diane
The system is broken down and not working, which is why mentally ill people are not
getting PIP even if on DLA and even if have long standing conditions, because they are deliberately trying to get people off benefits, the cases are growing daily.
I would not bother with protocols and to be honest they don't even consider disabled peoples rights.
Do not get sidetracked with the DWPs shambollic assessors, just concentrate on proving each individual question, don't get bogged down with the appalling assessors. Some of my more serious mental episodes I told the assessor he did not put in his report and broke his RGN rules as he was a nurse and owed me a duty of care.
The system is broken down and not working, which is why mentally ill people are not
getting PIP even if on DLA and even if have long standing conditions, because they are deliberately trying to get people off benefits, the cases are growing daily.
I would not bother with protocols and to be honest they don't even consider disabled peoples rights.
Do not get sidetracked with the DWPs shambollic assessors, just concentrate on proving each individual question, don't get bogged down with the appalling assessors. Some of my more serious mental episodes I told the assessor he did not put in his report and broke his RGN rules as he was a nurse and owed me a duty of care.
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