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Fixed term PIP ending. Told to reapply

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3 years 4 months ago #274654 by BingoBill
Replied by BingoBill on topic Fixed term PIP ending. Told to reapply
I was partially successful, I am going to ask for the Statement of Reasons.

Thanks

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2 months 1 week ago #311553 by BingoBill
Replied by BingoBill on topic Fixed term PIP ending. Told to reapply
I am currently going through my PIP review, for this claim. The telephone assessment was nearly 2 hours long.

They asked me lots of questions about driving and work, even though I am currently not able to do either (and said so in my form). It seemed like the assessor had me on zero points, instead of where I was starting from.

I feel as though I will need to go through the extremely exhausting process, of MR and tribunal, again. I said "never again", after the last one, but unfortunately, my health has deteriorated further.

Why can't we just have a fair and just system, that supports vulnerable people?

These people have caused hardship and death.

Sorry for the outburst.

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2 months 1 week ago #311558 by latetrain
Replied by latetrain on topic Fixed term PIP ending. Told to reapply
Hi BingoBill

Have you asked for a copy of the assessors report called a PA4?

When you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

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.

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this you have already which has resulted in the same result. The next stage is to appeal the decision. You have one month from the date of the MR decision in which to do an in time appeal, the absolute time limit is 13 months with good cause in which to appeal, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip

Contact the benefits office that gave you the decision. The contact details will be on your decision letter.

Don't use grey words such as 'likely to worsen over time', or sometimes, when completing a form it should be in black and white.

Has there been a change in your condition from when previous assessed? If it has changed for the worse then say so and explain what has changed, does any one support you, if they do then ask them for a support letter outlying what support they give and why, the why part is the important part.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: BingoBill

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1 month 2 weeks ago #311579 by BingoBill
Replied by BingoBill on topic Fixed term PIP ending. Told to reapply
I now have the award letter and writing up my MR. In the AR1, it said not to send in any evidence that I had already sent, but the HP report refers back to the old PA4 and PIP form. This doesn't make sense, as they are using that older evidence, but none of the stuff I had sent in, supporting my previous claim.

I am not going to send all the evidence in, from before, as well as the newer stuff.

There are some contradictions and descrepencies, in the HP report, so I will highlight those.

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1 month 2 weeks ago #311584 by BingoBill
Replied by BingoBill on topic Fixed term PIP ending. Told to reapply
Is there any guidance on appealing the length of the award?

Thank you

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1 month 2 weeks ago #311597 by BIS
Replied by BIS on topic Fixed term PIP ending. Told to reapply
Hi BingoBill

If they are looking at old information, make it very clear in your response that they were not looking at the most up-to-date information. It's true that they ask you not to send it again, and it should be on the system, but plenty of people do send it again. You have to do what feels right for you.

As far as the length of the award, just write in your evidence that you would like them to reconsider the award length and give the reasons why. Concentrate on your medical conditions, not that you might find it stressful to be assessed again so early.

BIS

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