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Appeal or re apply?? PIP HELP!!
8 years 2 months ago - 8 years 2 months ago #149565 by bro58
Hi JC,
Welcome to Benefits and Work
Please don't post duplicate posts, there will always be a variable time delay between you posting and your post showing up on the forum.
See : This Topic which is generally near the top of the forum.
Whether you should continue on to The Appeal Stage or make a totally fresh PIP claim is only a decision that you can make.
You can do both, but you should be aware that any decision made as a result of an Appeals Tribunal Hearing would only run from the date of the existing adverse PIP decision that you are appealing until the date of any new PIP decision made as a result of your fresh PIP claim.
As I am sure that you will understand, this could work for or against you.
For : Tribunal gives you a PIP award or no award at all, then fresh PIP claim decision gives you a greater award than the Tribunal's decision.
Against : Tribunal gives you a PIP Award, then as a result of the fresh PIP claim you receive a lesser PIP award or no award at all.
The other thing that you have to take into account is that if you carry on to appeal and receive a PIP award, that award would be backdated to the time of the adverse decision appealed, so you would be owed back payments since then.
Any award as the result of a fresh claim would only run from the date of that decision.
Further, unless you identify how and why this PIP Assessment was unsuccessful, how will you know how to be successful with a fresh claim.
Whatever you decide, you should take on-board that at this time, the vast majority of PIP MR's are unsuccessful.
The success rate improves significantly once claimants go on to appeal.
See : This News Article
One important issue to take into account, is that is not the medical conditions that you suffer that will result in a PIP award, moreover it is the limitations that you suffer as a result of the medical conditions, and whether said limitations score enough points.
PIP and DLA have totally different qualifying criteria.
I am not sure whether you have accessed our Members Only PIP Guidance previously, so here is some generic advice on PIP MR/Appeals :
You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.
Sending Documents to the DWP.
You could also ring the PIP Helpline :
Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm
To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.
If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :
You can do this using a SAR Form :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
You should not miss your one month deadline if The PA4 has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.
Obviously if you have no current PIP Award, there is no risk involved.
See : PIP MR/Appeals Guidance.
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)
You should do this using copy of The MR Notice letter and the : SSCS 1 Form (Download Link)
All this is explained in our PIP Appeals Guidance
In the MR request and any subsequent Appeal you should concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided.
You should take into account that the PIP DM is not medically qualified at all, so the easier that you can make it for them to understand the limitations that you suffer as a result of your medical conditions, and how those limitations score you the required points under the appropriate scoring PIP Descriptor for each applicable PIP Activity, the better your chance of success.
Once you have the PA4, you can pose any counter arguments to the PIP Assessors recommendations in The PA4.
e.g. If they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so Reliably and Safely for The Majority of Days
If the Assessor has stated that they witnessed you Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!
Try and keep you counter arguments relevant to The PIP Activities/Descriptors where you would have expected to score points or more points than you were actually awarded.
See also : PIP Self Test
PIP Points Scoring System
&
PIP Claims Guide. (2nd Link down the page)
You might want to Bookmark/Favourite this page in your Internet Browser so that you can return to your topic easily to pose any further queries that you may have.
bro58
Replied by bro58 on topic Appeal or re apply?? PIP HELP!!
JamesC wrote: Hi, I have been on dla for a few years receiving higher care and lower mobility. I had my assessment in October 2015. I have trouble communicating and understanding people, at the assessment I heard the assessor say i couldn't bring in my carer with me but i had heard wrong. I suffer with memory problems as well and at the time of the assessment i was evidently struggling with trying to recall things as the assessor noticed because she tried to help me but in the report she said i was able to recall things without difficulty. anyway i received the decision in December and scored 0 points in care component and 0 in mobility. I asked for a mandatory reconsideration and again received 0 points for both components. I had sent a 4 page letter stating what problems i have and how they affect me day to day. I used the scoring system and the report to help me write this. I also sent psychiatric reports as well as other medical evidence.
I suffer from chronic back pain, sciatica, fibromyalgia, depression, anxiety, adjustment disorder and borderline personality disorder as well as other illnesses.
I am now debating whether i should appeal or just reapply for pip.
Any help would be welcomed and greatly appreciated.
Thank you
Hi JC,
Welcome to Benefits and Work
Please don't post duplicate posts, there will always be a variable time delay between you posting and your post showing up on the forum.
See : This Topic which is generally near the top of the forum.
Whether you should continue on to The Appeal Stage or make a totally fresh PIP claim is only a decision that you can make.
You can do both, but you should be aware that any decision made as a result of an Appeals Tribunal Hearing would only run from the date of the existing adverse PIP decision that you are appealing until the date of any new PIP decision made as a result of your fresh PIP claim.
As I am sure that you will understand, this could work for or against you.
For : Tribunal gives you a PIP award or no award at all, then fresh PIP claim decision gives you a greater award than the Tribunal's decision.
Against : Tribunal gives you a PIP Award, then as a result of the fresh PIP claim you receive a lesser PIP award or no award at all.
The other thing that you have to take into account is that if you carry on to appeal and receive a PIP award, that award would be backdated to the time of the adverse decision appealed, so you would be owed back payments since then.
Any award as the result of a fresh claim would only run from the date of that decision.
Further, unless you identify how and why this PIP Assessment was unsuccessful, how will you know how to be successful with a fresh claim.
Whatever you decide, you should take on-board that at this time, the vast majority of PIP MR's are unsuccessful.
The success rate improves significantly once claimants go on to appeal.
See : This News Article
One important issue to take into account, is that is not the medical conditions that you suffer that will result in a PIP award, moreover it is the limitations that you suffer as a result of the medical conditions, and whether said limitations score enough points.
PIP and DLA have totally different qualifying criteria.
I am not sure whether you have accessed our Members Only PIP Guidance previously, so here is some generic advice on PIP MR/Appeals :
You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.
Sending Documents to the DWP.
You could also ring the PIP Helpline :
Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm
To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.
If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :
You can do this using a SAR Form :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
You should not miss your one month deadline if The PA4 has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.
Obviously if you have no current PIP Award, there is no risk involved.
See : PIP MR/Appeals Guidance.
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)
You should do this using copy of The MR Notice letter and the : SSCS 1 Form (Download Link)
All this is explained in our PIP Appeals Guidance
In the MR request and any subsequent Appeal you should concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided.
You should take into account that the PIP DM is not medically qualified at all, so the easier that you can make it for them to understand the limitations that you suffer as a result of your medical conditions, and how those limitations score you the required points under the appropriate scoring PIP Descriptor for each applicable PIP Activity, the better your chance of success.
Once you have the PA4, you can pose any counter arguments to the PIP Assessors recommendations in The PA4.
e.g. If they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so Reliably and Safely for The Majority of Days
If the Assessor has stated that they witnessed you Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!
Try and keep you counter arguments relevant to The PIP Activities/Descriptors where you would have expected to score points or more points than you were actually awarded.
See also : PIP Self Test
PIP Points Scoring System
&
PIP Claims Guide. (2nd Link down the page)
You might want to Bookmark/Favourite this page in your Internet Browser so that you can return to your topic easily to pose any further queries that you may have.
bro58
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