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Mig's PIP appeal

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8 years 11 months ago #158552 by Mig
Pip was created by Mig
Went for my medical assessment on the 12th April took more painkillers as I new I was going to have to walk with the aid of elbow crutches and my assistant to help me.Thought it went good how wrong was I and I did take my anxiety tablets to keep me calm and this is what they they said in my reply.1 didn't show any axeiety .the gave mee standard
Rate/ same for the mobility and didn't get any points for being a being able to plan a route and got this last I got 4points for this I can't I need help to do this

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8 years 11 months ago #158584 by Gordon
Replied by Gordon on topic Pip

Mig wrote: Went for my medical assessment on the 12th April took more painkillers as I new I was going to have to walk with the aid of elbow crutches and my assistant to help me.Thought it went good how wrong was I and I did take my anxiety tablets to keep me calm and this is what they they said in my reply.1 didn't show any axeiety .the gave mee standard
Rate/ same for the mobility and didn't get any points for being a being able to plan a route and got this last I got 4points for this I can't I need help to do this


If the award is not what you expected then you need to look at the next steps and whether you want to pursue them or not.

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

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. 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.

Gordon

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

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8 years 10 months ago #160683 by Mig
Replied by Mig on topic PIP appeal - waiting for a diagnosis?
I am waiting for a date for my appeal for my pip as I went to assesment in April and was awarded standard rate care and standard rate mobility.i was getting enhanced rate until this assessment where I was short of one point for enhanced .As I got 4 points for planning and following journeys when I applied in 2013 .Now they have taken the 4 points away they say I was relaxed and had eye contact and I wasn't anxious or agitated and that I had adequate rapport and eye contact and was fully oriented with good insight and normal cognition.Also no sensory or learning impairment was identified.I never leave house and need supervision and prompting to take a journey to the doctors I did ask for mandatory reconsideration and came back same result so this is why I put in for appeal I am so stressed and adjitated im dreading on going through all this can anyone help me as how to approach appeal board don't have a representative only my son and daughter as these are the ones that look after me everyday.Thank You

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8 years 10 months ago #160692 by Gordon
Replied by Gordon on topic Pip
Mig

I've merged your posts, please don't post in other people's topics; it's not fair to them and it can easily lead to the wrong advice being given. If you want to find your recent posts then all you have to do is click on your name.

The four points you have lost are given because you are considered to need prompting in order to follow a route, so you will need to show that this is the case.

The Going Out activity looks at your ability to plan and follow a route and is concerned with the mental health, cognitive or sensory issues that would prevent you from doing this, your post suggests that you have no problems with the latter two so I assume it was a mental health issue such as agoraphobia or social anxiety.

Have your conditions changed since you were last assessed?

You need to go back to basics and show why you believe that you should score the four points, sit down with your PIP2, the claim guide and the assessment report and work out how you have failed to prove this.

Remember to use "reliably" and "on the majority of days" wherever appropriate.

Gordon

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

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