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Mandatory Appeal
- nessa_E
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9 years 6 months ago #146290 by nessa_E
Mandatory Appeal was created by nessa_E
Hi,
I am currently going through the process of mandatory appeal for my PIP assessment and was hoping for some advice for which I thank in advance.
Some background.
Like many people I have noticed experiencing difficulties in the process I am diagnosed with ME. I have had it for 15 years and was previously on high rate mobility/ medium rate care DLA.
About the interview.
It lasted about 50 minutes. They had kindly rescheduled as I too unwell to meet my mum for the lunch time slot, allowing time for mum to drive to me, help me get ready and drive me there. I perked up a bit, and like I do when venturing out, went into a hyper mode, which I paid for later by crashing. The lady was polite but would interrupt and rush to the next question and despite explaining the variability of my illness insisted on all the mobility exercises, to which I pointed out I could at that moment, but many days my limbs are too heavy and I am too fatigued to get out of bed.
One point had me worried. On asking on my bad days how I cook for myself, I answered that on my bad days I can't and wouldn't make it to the kitchen. She laughed and asked again, to which I responded the same, and then she rephrased it as a bad day, but I was able to be in the kitchen, so I said if I was able, I would grab anything easy to eat. I didn't feel confident she had fully grasped my condition, and was falling into the trap many do, and taking me at face value, which at that point was a responsive well bodied person.
I was expecting to have to appeal, but never in my mind would I expect to be told I didn't meet either criteria.
The appeal.
I rang the day of my letter in distress, and said I would appeal, asked for the full report, and if they could wait for my evidence. Loosing faith, I rang again a few days later, to which they had no record of me asking for the report, so I asked again and especially requested they note it on the system, taking the ladies name and office. Two weeks later, I rang again, and to my horror they had no record of the report being requested, to which in tears I said if is going to take 14 days, that left me with three days to properly reply, taking into account my illness and hoping I was well to do so.
So I am reviewing the initial report with guidance from the information guides on here. I have brutally examined all the descriptors, agreeing with some, disagreeing with others, and believe rather than being awarded 6 points for care, I should have 33. The person described in the decision letter, is not me, and a complete stranger to my eyes. The mobility I calculate at 18 rather than 4. This is also taking into consideration benefit and works guidance on variable illness, so rather than basing it on how I am my absolute worse, it is a how I am most days.
The report arrived yesterday. They have not recorded most of the information, disregarded everything said by my mother, and because I try and be a positive person, honed in on this. I mentioned there was a job I wanted some months ago, but was still too unwell to applied, they have noted this as I feel near fit to work rather than I have aspirations of work one day. I have a dog who friends and family help walk and has been a source of comfort and love, but they written I have a dog I walk. It is like everything said has been twisted completely out of context. One of the main points is the lack of reliability where this condition is concerned, not being able to plan, and not knowing how I will be tomorrow, yet they have commented because I sat on a chair unaided I can reliably walk and use the toilet. A last one I will point out, though there is more, I don't eat sometimes because I don't have the energy, but when I do eat I don't have help. She has taken this as being able to eat unaided (because apparently starving ones self is an ok thing to have to do it seems).
We have complained to the MP, but being a Labour one, there isn't much they can do. We have also put it a complaint with ATOS and I intend to include the email conversation between my mother and the ATOS managing outlining our concerns.
My friend, also an ME sufferer and president for Welfare at the university I was at has said she will write a supporting letter.
Has anyone had any experience with this? I was going to also write a personal statement about how it will effect me. My GP asked me the other day what I would do if I didn't get the support. It was the first time I really thought about it, as I never dreamt it would be like this. I fear of sounding dramatic in saying it, but when I really think about it, I cannot work, I rely on this money to have some value of life and without it, I don't think I could fight anymore. I cannot see a way forward. My mum is trying to keep me positive, but the more I read, the more terrified I become. I've read many mandatory appeals fail, but finically I am crippled if I have to wait for tribunal, as well as not having the care and support.
Any guidance/ advice would be greatly appreciated.
Thank-you
I am currently going through the process of mandatory appeal for my PIP assessment and was hoping for some advice for which I thank in advance.
Some background.
Like many people I have noticed experiencing difficulties in the process I am diagnosed with ME. I have had it for 15 years and was previously on high rate mobility/ medium rate care DLA.
About the interview.
It lasted about 50 minutes. They had kindly rescheduled as I too unwell to meet my mum for the lunch time slot, allowing time for mum to drive to me, help me get ready and drive me there. I perked up a bit, and like I do when venturing out, went into a hyper mode, which I paid for later by crashing. The lady was polite but would interrupt and rush to the next question and despite explaining the variability of my illness insisted on all the mobility exercises, to which I pointed out I could at that moment, but many days my limbs are too heavy and I am too fatigued to get out of bed.
One point had me worried. On asking on my bad days how I cook for myself, I answered that on my bad days I can't and wouldn't make it to the kitchen. She laughed and asked again, to which I responded the same, and then she rephrased it as a bad day, but I was able to be in the kitchen, so I said if I was able, I would grab anything easy to eat. I didn't feel confident she had fully grasped my condition, and was falling into the trap many do, and taking me at face value, which at that point was a responsive well bodied person.
I was expecting to have to appeal, but never in my mind would I expect to be told I didn't meet either criteria.
The appeal.
I rang the day of my letter in distress, and said I would appeal, asked for the full report, and if they could wait for my evidence. Loosing faith, I rang again a few days later, to which they had no record of me asking for the report, so I asked again and especially requested they note it on the system, taking the ladies name and office. Two weeks later, I rang again, and to my horror they had no record of the report being requested, to which in tears I said if is going to take 14 days, that left me with three days to properly reply, taking into account my illness and hoping I was well to do so.
So I am reviewing the initial report with guidance from the information guides on here. I have brutally examined all the descriptors, agreeing with some, disagreeing with others, and believe rather than being awarded 6 points for care, I should have 33. The person described in the decision letter, is not me, and a complete stranger to my eyes. The mobility I calculate at 18 rather than 4. This is also taking into consideration benefit and works guidance on variable illness, so rather than basing it on how I am my absolute worse, it is a how I am most days.
The report arrived yesterday. They have not recorded most of the information, disregarded everything said by my mother, and because I try and be a positive person, honed in on this. I mentioned there was a job I wanted some months ago, but was still too unwell to applied, they have noted this as I feel near fit to work rather than I have aspirations of work one day. I have a dog who friends and family help walk and has been a source of comfort and love, but they written I have a dog I walk. It is like everything said has been twisted completely out of context. One of the main points is the lack of reliability where this condition is concerned, not being able to plan, and not knowing how I will be tomorrow, yet they have commented because I sat on a chair unaided I can reliably walk and use the toilet. A last one I will point out, though there is more, I don't eat sometimes because I don't have the energy, but when I do eat I don't have help. She has taken this as being able to eat unaided (because apparently starving ones self is an ok thing to have to do it seems).
We have complained to the MP, but being a Labour one, there isn't much they can do. We have also put it a complaint with ATOS and I intend to include the email conversation between my mother and the ATOS managing outlining our concerns.
My friend, also an ME sufferer and president for Welfare at the university I was at has said she will write a supporting letter.
Has anyone had any experience with this? I was going to also write a personal statement about how it will effect me. My GP asked me the other day what I would do if I didn't get the support. It was the first time I really thought about it, as I never dreamt it would be like this. I fear of sounding dramatic in saying it, but when I really think about it, I cannot work, I rely on this money to have some value of life and without it, I don't think I could fight anymore. I cannot see a way forward. My mum is trying to keep me positive, but the more I read, the more terrified I become. I've read many mandatory appeals fail, but finically I am crippled if I have to wait for tribunal, as well as not having the care and support.
Any guidance/ advice would be greatly appreciated.
Thank-you
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- Gordon
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9 years 6 months ago #146301 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Appeal
thirty
Welcome to the forum.
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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
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.
I have to warn you that the turnover rate at MR is low unless you can provide new and significant evidence however, the rate at appeal is quite high, in excess of 60%, but they can take some time to be heard.
Gordon
Welcome to the forum.
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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
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.
I have to warn you that the turnover rate at MR is low unless you can provide new and significant evidence however, the rate at appeal is quite high, in excess of 60%, but they can take some time to be heard.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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