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PIP decision received please help
9 years 4 months ago - 9 years 4 months ago #149784 by
Hi te1,
I am sorry to hear that your PIP Assessment was unsuccessful !
I see that you made a similar query Here 3 days ago !
Please try and keep all your related queries to the one topic.
PIP is an "In work benefit" however, they will obviously take any work that you do into account, and whether any actions/activities involved in your work are contradictory to your stated limitations and your scoring of points under the appropriate PIP Activities.
Just to clarify, it is important that you understand that it is the the limitations caused by your medical conditions that may score you the required number of points rather than the medical conditions themselves.
Here is some generic advice on PIP MR/Appeals that I always post for members in similar scenarios:
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.
A SAR should be sent in its own envelope as a totally separate issue to an MR request.
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 that indicates you should have scored points and supports this.
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 on topic PIP decision received please help
te1 wrote: I have received my PIP decision letter one week after my face to face assessment. I received four points daily living and four points mobility.
Despite asking for an assessor experienced in Autism, mental health and the impact of health problems on these conditions the Decision Maker stated no anxiety was observed and there were no cognitive or memory problems.
I told the assessor that I had recently been assessed by the mental health team and had severe anxiety and severe depression. I have a letter confirming this which I can send with the MR request. I was very anxious and was stemming throughout the assessment (an physical action autistic people do to calm themselves) this was clearly visible.
I told the assessor I was uncomfortable with touch and I declined to shake his hand and sound sensitive. The DM said I had no sensory issues. The assessor asked lots of closed questions and failed to communicate in a way that is accessible for people with autism.
The DM was I communicated clearly and unaided. My partner was present and had to explain things to me and to the assess, so I was aided.
He clearly was not competent to assess my needs. I was asked if I can follow a local familiar journey (closed question to which I answered yes). I cannot plan a journey and all journeys are practiced in advance. I am extremely anxious and I can never use public transport.
The mobility points were awarded for stiffness due to my fibromyalgia not to do with my inability to plan and follow a journey. They whole assessment was flawed and oppressive.
Despite saying that I have difficulties with personal space and do not like to be touched the assessor insisted that I had to have a physical examination and if I did not co-operate the assessment would be delayed. He gave multi-step instructions which I could not follow and my partner had to explain them to me.
My problem is that I work (I have had a National Autistic Society access to work assessment that details my anxiety, cognitive and social difficulties and significant adjustments have been made to enable me to work). I mentioned this verbally in the assessment.
Do I stated my reasons why the assessment was so flawed in my MR letter or should I wait until I receive the assessor's report. I do not trust the DWP and fear that they could use this information to alter a report to their advantage before sending it to me? This seems a bit paranoid but they clearly picking on vulnerable people. Any advice would be very welcome. Thank you.
Hi te1,
I am sorry to hear that your PIP Assessment was unsuccessful !
I see that you made a similar query Here 3 days ago !
Please try and keep all your related queries to the one topic.
PIP is an "In work benefit" however, they will obviously take any work that you do into account, and whether any actions/activities involved in your work are contradictory to your stated limitations and your scoring of points under the appropriate PIP Activities.
Just to clarify, it is important that you understand that it is the the limitations caused by your medical conditions that may score you the required number of points rather than the medical conditions themselves.
Here is some generic advice on PIP MR/Appeals that I always post for members in similar scenarios:
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.
A SAR should be sent in its own envelope as a totally separate issue to an MR request.
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 that indicates you should have scored points and supports this.
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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