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Appealing a PIP decision
- Concerneddaughter
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8 years 8 months ago #166938 by Concerneddaughter
Appealing a PIP decision was created by Concerneddaughter
Good Morning All,
My mum was in receipt of DLA for over 16 years and was awarded a lifetime award for lower rate care and higher rate mobility. Her disability has gotten worse over the last couple of years and as result she has a number of other conditions. She recently has been diagnosed with severe depression and anxiety but is refusing to take medication as she believes it will make it worse.
We recently applied for PIP and I used your guides to help with completing the form and attending the assessment. I included a detailed GP report of mum's conditions and her support worker wrote a supporting letter. We received the decision 3 weeks after her assessment and she's been awarded lower rate for both components (she got 11 points for daily living and 10 points for mobility). I want to challenge this decision and I know I need to request a mandatory reconsideration first.
I want to ask what to include with this? Do I ask the GP to write a second report discussing the descriptors where she has not been given any points or given low points? I have spoken to mum's support worker who said she'll write a second letter for mum.
I feel that because she isn't on any medication for her depression and anxiety they aren't really taking it into consideration as the decision letter mentioned this, which is really unfair as she is really struggling.
Please advise me on what to do next and what to include when requestioning the mandatory reconsideration.
I have previously received great help from you guys when I was helping my mum with her ESA application and with your help she has been put in the support group after a long battle.
Thank you in advance.
My mum was in receipt of DLA for over 16 years and was awarded a lifetime award for lower rate care and higher rate mobility. Her disability has gotten worse over the last couple of years and as result she has a number of other conditions. She recently has been diagnosed with severe depression and anxiety but is refusing to take medication as she believes it will make it worse.
We recently applied for PIP and I used your guides to help with completing the form and attending the assessment. I included a detailed GP report of mum's conditions and her support worker wrote a supporting letter. We received the decision 3 weeks after her assessment and she's been awarded lower rate for both components (she got 11 points for daily living and 10 points for mobility). I want to challenge this decision and I know I need to request a mandatory reconsideration first.
I want to ask what to include with this? Do I ask the GP to write a second report discussing the descriptors where she has not been given any points or given low points? I have spoken to mum's support worker who said she'll write a second letter for mum.
I feel that because she isn't on any medication for her depression and anxiety they aren't really taking it into consideration as the decision letter mentioned this, which is really unfair as she is really struggling.
Please advise me on what to do next and what to include when requestioning the mandatory reconsideration.
I have previously received great help from you guys when I was helping my mum with her ESA application and with your help she has been put in the support group after a long battle.
Thank you in advance.
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- Gordon
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8 years 8 months ago #166956 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing a PIP decision
Concerneddaughter
Just so it is clear, a Standard award of PIP Daily Living is equivalent to DLA Medium Rate Care.
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, the PIP area also has 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
Just so it is clear, a Standard award of PIP Daily Living is equivalent to DLA Medium Rate Care.
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, the PIP area also has 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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- Concerneddaughter
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8 years 8 months ago #167293 by Concerneddaughter
Replied by Concerneddaughter on topic Appealing a PIP decision
Hi Gordon,
Thank you for your response.
I have contacted the DWP on my mum's behalf to request a copy of the assessment report and they asked if she wanted to request for a mandatory reconsideration. I told them that's what she wanted but we need to see the assessment report to argue her case. I also informed them that we would be getting further evidence from her GP and support worker.
They have informed me that they will put this on the system and that she has 4 weeks from 31st August to submit request in writing and any additional evidence. I have also sent them a letter confirming what was discussed during this call.
Is this normal practice for them?
We will wait for the assessment report and I will let you know further info then.
Many thanks
Thank you for your response.
I have contacted the DWP on my mum's behalf to request a copy of the assessment report and they asked if she wanted to request for a mandatory reconsideration. I told them that's what she wanted but we need to see the assessment report to argue her case. I also informed them that we would be getting further evidence from her GP and support worker.
They have informed me that they will put this on the system and that she has 4 weeks from 31st August to submit request in writing and any additional evidence. I have also sent them a letter confirming what was discussed during this call.
Is this normal practice for them?
We will wait for the assessment report and I will let you know further info then.
Many thanks
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- Gordon
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8 years 8 months ago #167309 by Gordon
Yes it is, it's one of the reasons we recommend that claimants make the MR request in writing, that way they control when the process is initiated so that it fits in with their ability to manage the process.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing a PIP decision
Concerneddaughter wrote: Is this normal practice for them?
Yes it is, it's one of the reasons we recommend that claimants make the MR request in writing, that way they control when the process is initiated so that it fits in with their ability to manage the process.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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