Strategies for challenging PIP no points

Just an update. I received a copy of the assessor’s report, well actually I received two – one from Blackpool, and one from Wolverhampton.

The narrative evidence recorded in the first part of the report, under functional history, is reasonably accurate as far as it goes. The nurse does note that my problems are worse in the morning, but doesn’t get very specific.

But then in the second part of the report, in the descriptors chosen, she chooses the no-points option even when it contradicts the evidence.

I am tempted to think she was unaware that ‘If a descriptor applies at any point during a 24 hour period, it is considered to apply for the entire day’.

And then of course the decision maker has simply adopted the nurse’s choice of descriptor, possibly without reading the evidence or perhaps also being unaware of the ‘at some stage of the day’ business.

I sent off my Mandatory Reconsideration request, with a detailed statement, on Monday and they received it today, so we’ll see.

Thanks again for all the help and advice.

Got the result of my Man Recon – nil points. They received my request 22 April and posted the response 29 April, so it was a fast turnaround.

The Decision Maker’s reasoning is not very enlightening. It asserts that all the evidence has been reviewed and the choice of descriptors is correct, but it doesn’t specify the evidence that causes them to reject my evidence that I can’t walk more than 20m in the morning, and it doesn’t say whether they have taken into account the rule about a descriptor applying at any point in the 24 hours.

So it isn’t personalised, specific, doesn’t say what evidence they are using in preference to mine, and doesn’t give any legal framework – all of which the Guide says it should do.

So I have to appeal. As far as I understand it, if I appeal the DWP will do another recon before it gets to a tribunal. I shall have to pin my hopes on that, as I don’t think I could face a tribunal, I feel I’ve had enough humiliation.

Since they’ve had all the evidence three times, should my statement on the appeal form focus on why the recon is unsatisfactory? Or should I give the evidence again - at length or briefly?

I wish I felt someone had actually read my PIP form at some point.

Hi Elaine
I'm at the same stage as you, and have had similar experiences to you thus far. I wish you luck and will follow your journey with interest. I know it's stressful, and seems like too high a mountain to climb at times, but it's reading stories like yours on here that keeps me going!
Kind regards
Amanda

Hi Elaine,

Its awful getting the "no points" letter and feeling like you've got no more fight left in you but Amanda's right ... reading stories like yours keeps us going ... I've got my tribunal coming up soon, so please let us know how you get on.

Deanne

Thanks Gordon for the info and to Amanda and Deanne for your messages, it’s good to know I’m not alone.

I’m still putting together my appeal. I’m trying to keep it brief, a one page submission referring to where I’ve explained stuff before.

A couple of things I’m not sure about – with the moving around descriptor, does this explicitly refer to moving around out of doors (it seems to be implied), or is moving around indoors included?

The nurse’s report says over and over again that I walk to Marks and Spencer, even though I very clearly spelled out to her that I couldn’t do it reliably and repeatedly, or at all before 2pm, and I pointed that out in the mandatory reconsideration.
But it didn’t occur to me that I should also have said in the man recon that the key point of M&S is that it has a cafe, so I go there have a cuppa and a sit down and then walk back. (I said that to the nurse too.)
‘Going to M&S’ could be taken to mean I make regular major shopping expeditions, which is not the case - do you think I am better challenging this up front?

Also, in the B&W Guide it says that man recon decision should be personalised, specific, say what evidence they are using in preference to mine, and give the legal framework – but is this laid down somewhere as an official standard? (My man recon decision doesn’t abide by any of these.)

Thanks again