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Strategies for challenging PIP no points

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9 years 3 weeks ago - 9 years 3 weeks ago #132412 by elaine pyrke
Strategies for challenging PIP no points was created by elaine pyrke
Just got the news that I have not been awarded PIP – no points at all.

My DLA will therefore end – I got no mobility and only low-rate care on the grounds of the cooking test. I wasn’t expecting a PIP Daily Living award; but I thought I made a good case for a PIP Mobility award, on grounds of reliability/repeatability moving around at any time, and specifically that I can’t reliably/repeatably walk more than 20 metres before about 11.00am.

I’ve looked at the Guide to Mandatory Reconsiderations and Appeals, but I’m not sure of the best strategy.

I want to request the Assessor’s Report, so should I delay requesting a Man Recon till nearer the deadline? I understand I’ve got four weeks after requesting the Man Recon to send further evidence, so if I delayed the request it would increase my chances of getting the Assessor’s Report within the time, so I can then write a better-informed submission – that’s my reasoning anyhow, what do you think?

Or should I request a Man Recon at once, and do the best I can? I’m not sure how much detail to go into.

The decision maker’s reasoning re mobility is ‘I accept you have difficulty in the morning but this is not the majority of the time’.
B&W Guide to PIP Claims quotes DWP guidance ‘If a descriptor applies at any point during a 24 hour period, it is considered to apply for the entire day, whereas in DLA it would have to apply for ‘the majority of the day’ in order to apply.’ So I can challenge that.

Re cooking, which I cannot do because of cognitive problems, she says as I can sometimes walk to Marks and Spencer in the afternoons she considers I can cook a main meal in the afternoons. Bizarre logic. Is it worth challenging the nil points, even though if I got the points it wouldn’t be enough for an award?

All advice gratefully received
Last edit: 9 years 3 weeks ago by .

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9 years 3 weeks ago #132418 by Gordon
Replied by Gordon on topic Strategies for challenging PIP no points
elaine

As long as you request the MR within the one month normally allowed then there should be no problem and as you say it will potentially allow you the opportunity to receive the assessment report before you need to make a submission to the DWP, make sure that it is clear on your request that you will be sending in additional evidence as part of the MR.

I am a great believer in fighting battles that you can win, scoring 2 points for the Daily Living component would be something of a pyrrhic victory, unless you can show that aspects of your being unable to prepare and cook a meal has relevance to your mobility problems I would be tempted to forego the pleasure of jousting with the DWP, but it is of course your decision.

Gordon

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9 years 3 weeks ago #132427 by Bryando
Replied by Bryando on topic Strategies for challenging PIP no points
The decision maker’s reasoning re mobility is ‘I accept you have difficulty in the morning but this is not the majority of the time’.

What basis if any has the DWP to write that comment?

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9 years 3 weeks ago #132430 by slugsta
Replied by slugsta on topic Strategies for challenging PIP no points

Charlie123 wrote: The decision maker’s reasoning re mobility is ‘I accept you have difficulty in the morning but this is not the majority of the time’.

What basis if any has the DWP to write that comment?


Probably this comment from the OP

I can’t reliably/repeatably walk more than 20 metres before about 11.00am.


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9 years 3 weeks ago #132431 by Gordon
Replied by Gordon on topic Strategies for challenging PIP no points
Charlie

Forgive me but I am not sure that I understand the context to your question.

Gordon

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9 years 3 weeks ago #132458 by Bryando
Replied by Bryando on topic Strategies for challenging PIP no points
I was under the impression that to qualify for PIP you don't need to meet the majority of the time criteria.

So from the wording the DWP used it's either wrong or indeed people need to meet the majority of time criteria.

So was rather taken back by the word choice of the DWP provided to Elaine the orginal poster.

Charlie.
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