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11 months 2 weeks ago #285423 by Blossombliss1
Pip was created by Blossombliss1
Hi I’m new here I’ve just received my MR in which pip did not change their mind, in the original decision and the MR I scored 6 points for daily living 0 for mobility. I am going to challenge the decision with an appeal. The DM for the MR didn’t go into any detail at all about how they came to their decision just how they agreed with the original decision and reminded me about the descriptors. I have a condition that affects my balance system, every day I loose my balance when standing/walking i have had multiple falls, I stumble and trip easily and bump into things easily. I have given pip numerous medical letters, a GP letter saying have significant balance issues and that It has caused me to have had multiple falls, and that my poor balance affects my ability of daily living,OH assessments stating I’m not fit to work due to my poor balance and unsteady gait, a consultant letter stating I need vestibular rehabilitation to try and help me walk safer. In the MR I said I believe I should of been awarded 12 points for mobility as my poor balance and dizziness means I am a falls risk I therefore cannot safely or reliably walk any distance. Am I right in thinking this? Any help on this would be greatly appreciated.
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11 months 2 weeks ago #285456 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Pip
Hi Blossombliss1
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
You need to contact DWP and ask 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 an appeal 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 done and been turned down.
The second stage is the online appeal stage; www.gov.uk/appeal-benefit-decision/submit-appeal, needs to be done within one month of the Decision. Have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip
I would seek help from your local Welfare Rights organisation to produce a submission; advicelocal.uk
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.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
You need to contact DWP and ask 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 an appeal 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 done and been turned down.
The second stage is the online appeal stage; www.gov.uk/appeal-benefit-decision/submit-appeal, needs to be done within one month of the Decision. Have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip
I would seek help from your local Welfare Rights organisation to produce a submission; advicelocal.uk
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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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