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Just been refused PIP applied for reconsideration
8 years 2 months ago - 8 years 1 month ago #152151 by
Replied by on topic Just been refused PIP applied for reconsideration
Hi,
Welcome to Benefits and Work
If your forum name is also your real name, you may wish to change it to maintain some anonymity.
This can be done quite easily by following the instructions in this FAQ :
My full name is showing, how can I stop it?
I am sorry to hear of this, but you are not at all alone in this issue !!
Your only option other than making a totally fresh PIP Claim is to request a Mandatory Reconsideration of the adverse PIP decision and here is some generic advice that I always offer under this scenario :
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 or any other supporting evidence that you may be awaiting has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
Once you have The PA4, you can then pose any counter arguments to the PIP Assessors recommendations.
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 !!
You should also 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 which indicates that you should have.
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 one copy of The MR Notice letter (keep the othercopy) and the : SSCS 1 Form (Download Link)
All this is explained in our PIP Appeals Guidance
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
Welcome to Benefits and Work
If your forum name is also your real name, you may wish to change it to maintain some anonymity.
This can be done quite easily by following the instructions in this FAQ :
My full name is showing, how can I stop it?
I am sorry to hear of this, but you are not at all alone in this issue !!
Your only option other than making a totally fresh PIP Claim is to request a Mandatory Reconsideration of the adverse PIP decision and here is some generic advice that I always offer under this scenario :
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 or any other supporting evidence that you may be awaiting has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
Once you have The PA4, you can then pose any counter arguments to the PIP Assessors recommendations.
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 !!
You should also 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 which indicates that you should have.
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 one copy of The MR Notice letter (keep the othercopy) and the : SSCS 1 Form (Download Link)
All this is explained in our PIP Appeals Guidance
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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