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8 years 10 months ago #137258 by sam1982
pip appeal? was created by sam1982
Hello im wondering if anyone could help me, ive signed up here today so im hoping i would be able to get some advice from anyone that has experience of this.

I had my pip decision through and i was awarded 0 points for daily living and 10 for mobility component and I asked for a MR for the daily living points.

I sent a 33 page letter off- i know its a long one! but wanted to get my points across and the face to face assessment was abysmal with how unprofessional she was!

I stated what descriptors i think i should have got and i give evidence for this. I also submitted a new doctors note that i had received after the pip form was submitted and before i had the face to face assessment. The assessment lady who came to my house didn’t even read the doctors note and so didn’t include it on the face to face report and she told me not to send it in either as she had written it down but hadn’t but I only found this out after I had a copy of the face to face report back!

I’ve had a letter back now from DWP, turnaround time of a week! to say that ive now been awarded 3 points for daily and my 10 still stands for mobility so i still don’t reach the 8 points to get a daily living award.

So im not sure whether to appeal now, as im sure alot of you can imagine just to get to this point has really been stressful and im not sure whether i can go through with an appeal. I really wouldn’ttt be able to attend (i have epilepsy but because of my seizures and my anxiety don’tnt go out and my face to face assessment was at home as well and my 10 mobility points were awarded for that as well) so if i was to go through with an appeal it would be have to be a paper one.

Is there any point with going through with a paper appeal does anyone have experience of this and has won? I’ve read a bit this morning that its counted against the person (although not officially) if its paper based and they don’t turn up?

The main descriptorrr i was appealing on was the preparing food one ( I said my situation fell more under the-cant prepare food 8 points) my partner and mum make food for me as i suffer hand and body jerks everyday because of my epilepsy and im unsafe with knives and pans. I have doctorsnotes to say that i experience these jerks in the morning and night but the ddoctorsnotes ddon’tsay how they affect my daily life only that i have them.

I know there is the 50% rule for epilepsy? i suffer major seizures but around 1/2 a week so i know my major seizures wouldn’ttt qualify for the 50% rule but i suffer the jerks in my hands and body which are a different form of seizure (myoclonic) everyday and i would have thought this would have qualified for the 50% rule? They are more pronounced in the morning and evening and i remember reading on the pip guidelines that if someone is is unable to complete the activity on one part of the day it can be read for applying for the whole of the day? If I remember right?

In the MR letter I got back the decision maker has said 'I do not experience extremely frequent fits such as several times a day and I have not been hospitalized for my fits' They then go on to say I could use a chopper and a microwave to make food ( he accepts I cant use a conventional cooker).
I would still find these activities hard to do so safely because of my hand and body jerks and so my partner will do them for me. I thought safety was a main part part of the activity descriptor?
In terms of being hospitalized if I cut or burn myself I deal with it at home I couldn’t be going back and for for every time it happened. I even showed the assessor lady a burn I have on my arm but this wasn’t noted in the report.

One part of my MR letter was to explain that my hand and body jerks where I stay conscious are in addition to my major seizures and that they are a different form of seizures, which I do experience every day. Both my GP letter and consultant letter say that I suffer from myoclonic jerks but like I have said they did not go into detail about how it affects my life, ive told them but I suppose they can only write the medical condition on what they see? So im not sure the face to face assessor or the DWP really understand how these hand and body jerks are different and in addition to my major fits, I even quoted the medical description for the myoclonic jerks from the epilepsy website hoping that they would be able to understand.

If the DWP/capita has requested information from my doctors, do they need to show me them as well or do I need to request all information they hold on me? I requested a copy of the face to face report which I used for my MR letter but I don’t know if they have contacted my doctors as well. Is it worth requesting this? If I phone do they have to tell me if they have done this?

I also asked about the award time frame that they have given me before I can be reassessed again but they haven’t said anything about this nor have they mentioned anything I said about the assessor and her comments during the assessment. Should they have? Should I include these again if I appeal as these might reflect on her professionalism for the whole report?

I really don’t know whether to go through with an appeal. Is there any point, my anxiety has increased which affects my mood and epilepsy im thinking whether it is worth going ahead. I don’t have any more information to give other than what I have sent to the DWP. I don’t agree with their decision on preparing food but wont the tribunal side with the DWP especially if I go paper based?

Also ive read the tribunal can take away points as well? Is this likely would I be worse off again by going through an appeal.

Sorry for this being so long but I feel really lost and im not sure what to do now.

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8 years 10 months ago #137284 by Gordon
Replied by Gordon on topic pip appeal?
Cleocat

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

I can understand your trepidations about an appeal but if you want a Daily Living award then it is your only option at this time.

You are correct in thinking that a Paper hearing (which you do not attend) has a far lower success rate than an Oral one (which you do), this is not because of any bias in the panel, but is because they cannot question you about your problems and can only consider your submission.

An appeal based on your scoring points in only one descriptor is risky as it presents only one route to an award and if there is any dissention as to the points you should score then you will likely be unsuccessful.

Before you making a decision on what to do next, I would recommend that you spend some time going trough our PIP Claim guide, the PIP criteria are complicated and many have multiple elements, all of which must be met for a claimant to score points.

You should also have a look at the usage of the word "reliable" when documenting your limitations, this is defined in the PIP legislation and is very important is regard to what you can and cannot do, it may allow you to score points in other Descriptors that you might not otherwise expect to score on.

The PIP section also has documentation on appealing and how to write a submission, See

www.benefitsandwork.co.uk/help-for-claimants/pip

If you have any questions then please reply to this post 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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8 years 9 months ago #137399 by sam1982
Replied by sam1982 on topic pip appeal?
Thank you so much for your reply. Ive just started reading the guides and they look so helpful.

I wanted to ask, my face to face assessment was carried out at home and it was terrible to be honest, there was medical evidence she had not noted down it just said further evidence and the date nothing about the contents. She hadnt read them and also advised me not to send them in either as she said she couldnt take them away with her.

She also advised me to get the no worry cure book as my form was 90% anxiety! And put my memory problems down to mum brain where mums brains 'dumb down' to the childs level as according to her this had been proven! This honestly happened.
Although none of this was noted in the report would you still put all of that in the submission to challenge the assessor?

Also how many pages would you max do for the details part on the submission form for appeal? I dont want it too long in case its not all read but I also want to get everything across as I really dont think im going to be able to attend.

Also the not attending the appeal part, I have unpredictable epileptic seizures and I also had a home pip assessment and she gave me 10 points for mobility for not being able to go out without another person do you think this would help with me only doing a paper appeal?

Thanks in advance!

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8 years 9 months ago #137421 by Gordon
Replied by Gordon on topic pip appeal?
Cleo

There is no right or wrong number of pages for an appeal submission, to a considerable extent it will depend on the quality of your original form and the information you attached to it, whilst shorter is usually better you should not restrict yourself simply for the sake of it, if it takes a lot of words to describe your problems then that is fine.

Remember to score points you must show that you meet the PIP criteria as described in the PIP Claim guide, so you should look at your original form, the assessment report and the guide together, try and explain why you meet each of the Descriptors that you think you should score points for, what issues you have with the task, how your evidence supports what you are saying and where the report disagrees why any assumptions are wrong.

The primary issue with a Paper hearing is that the panel cannot talk to you, that means that they are totally dependant on your submission to form a view of how you are affected, your accepted mobility problems certainly go towards explaining why you have opted for not attending but it will not help you score points for the Daily Living component.

You might want to make a complaint to the Assessment Provider about the assessor refusing to read your additional evidence on the day of the interview, our understanding is that assessors should both read and include in your file any additional information that your have. See

ATOS complaints

www.atoshealthcare.com/pip/after_your_Consultation

Capita Complaints

www.capita-pip.co.uk/contact-us.aspx

Gordon

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

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8 years 9 months ago #138335 by sam1982
Replied by sam1982 on topic pip appeal?
HI, just wanted to ask for some more advice, ive decided to send in an appeal but via a paper hearing as it is all i am able to do.

Just wanted to ask, ive seen some of the template letters but they include the tribunal number etc.

What is the best way to do the timeframe so to speak?

Would you do a complete letter under the grounds for appeal section on the sscs1 form or would you do a very basic sort of ' im appealing against their decision for a and i believe i should be awarded b and then wait for the court to contact me? and then send a more detailed letter?

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8 years 9 months ago #138341 by Gordon
Replied by Gordon on topic pip appeal?
Cleocat

It's up to you can provide detailed information with the SSCS1 or you can wait until you have received the DWP's submission and then do your own submission, if you wait then you will have a full understanding of the DWP's evidence.

If you are opting for a Paper hearing, then you should ensure that all of your documentation is with the Tribunal Service within one month of the date of the letter accompanying the DWP bundle, this is because you will not be notified of when your hearing will be carried out, you will only receive the Decision Letter following the hearing.

Gordon

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