× Members

Pip refused, am very disappointed and feel let down

More
11 months 2 weeks ago #285990 by Jane
Hello everyone, I’m new here, I have recently applied for PIP because of my osteoarthritis which affects me daily
I had my phone accessment 4 weeks ago and today have had a letter stating I have zero points in daily living and mobility
On my application and on the phone accessment , I said about being in pain and unable to walk or stand most days and how I have to be helped in and out of shower and help to get dressed most days and unable to make a simple meal so I am shocked that after everything , I feel really low as I’ve had this condition since 2018 but this is the first time I’ve asked for help
I know I need to appeal and ask for mandatory reconsideration but I thought I had done and said enough as when I did the pip test on this site it came up with standard for daily living and enhanced rate for mobility
It has knocked me down , any help or advice would be great thank you for reading
The following user(s) said Thank You: KimABT

Please Log in or Create an account to join the conversation.

More
11 months 2 weeks ago #285994 by BIS
Hi Jane

Welcome to the forum. You can find information here about navigating the site and frequently asked questions. benefitsandwork.co.uk/guides-for-claimants/faq

I'm sorry you find yourself in this position and I understand why you are disappointed after trying to take the test. Unfortunately, the test can only give an indication of what you might score - but in reality, many people find they come out with something different and this can be due to a variety of factors.

The first thing you want to do (if you haven't already) is ring the DWP and ask for a copy of your assessment report. It's called a PA4. This will give you more of an idea of why the health professional decided to award you zero points. As sad or angry as you are feeling at the moment, try to put that to one side an remember they are simply offering an opinion - albeit it one you firmly disagree with. Use all your energy to fight the decision through the MR process.

I know you said you are new, but I don't know whether you used our guides to fill out your original application. If you haven't had a look at the Guide to PIP claims and reviews, It is a large document, but there is lots of information about the best way to answer questions. I'm not saying you didn't write a good application, but it's worth having a look to see if there is anything you missed out.
You have to understand that the person who did your review may only have limited knowledge and experience of osteoarthritis, so it can be challenging to get someone else to understand just how debilitating it is.

When you get the PA4 - go through every question and see what they said and how you can contradict it. Do not focus on anything that is not about scoring points - it's the points that will get you the award. No one will care if there are typos. ( as maddening as that might be). Don't fall into the trap of call the assessor a liar (which a lot of claimants want to do) - you say that they were "mistaken" or "missed something..." "forgot I said..." etc etc.

You have said in this post that you need help. Can the person who gives you help write a letter detailing what they do for you and what they have observed (sticking to the PIP criteria)? One size of A4 should be sufficient.

When it comes to pain, many assessors find it difficult to understand. I don't know what you said - but you need to make sure that you have given them enough description of the pain. So you say that you can't walk or stand most days - so first thing they are going to think is how does she get to the toilet and what distance is the toilet from the bed? Make sure that you are clear on the fact that it takes you much longer to move than it does someone without the condition. What happens when you are in pain,? Is your balance affected, do you suffer from shortness of breath? Do you have to grab onto a person, an aid or furniture. Do you have to stop because of the pain? How long does it take you to catch your breath before you can move again? When you've had a shower - how quickly can you return to your bedroom? How long does it take you to get dressed? Do you just have to lie down again? Do you feel nauseous? Do you lose your grip? If you do lose your grip, what have you dropped? Are there any side effects to the meds you take? Is your pain worse at different times of the day, or is it constant?

I'm not suggesting that you sit down and answer all these questions. These are just ones that came randomly out of my head because I have done a lot of this for people with long-term pain conditions. You may have put in lots of detail - but often, people don't put in enough or say enough for someone who isn't familiar to understand. And make sure that you always link anything you say back to the PIP criteria.

You have one month from the date on the decision letter to put in for a Mandatory Reconsideration. Try and get hold of the PA4 - it normally takes 7 - 10 days to arrive. Do have a look at our Guide to PIP Appeals (which also has the information for Mandatory Reconsideration). Try and get the report - because you will have a better idea of what you're fighting against - not just the decision letter. benefitsandwork.co.uk/guides-for-claimants/pip (Scroll down the page to see the different guides)

If you have any further questions - do come back and ask and we will try to help.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KimABT, Jiffy, Painter84, Jane

Please Log in or Create an account to join the conversation.

More
11 months 2 weeks ago #286001 by Jiffy
I can empathise with Jane’s disappointment. I’m absolutely devastated right now, albeit for different reasons.

My current PIP award is Enhanced Daily Living and Standard Mobility for reasons relating to mental health issues and anxiety.

I had my PIP Review assessment last week with IAS (ATOS) and it didn’t go well. First up, the arranged telephone call was 59 minutes late! This had a negative effect on my anxiety and stress levels even before the assessment began.

I also requested a copy of the Assessment Report (PA4) last week because I wanted to give myself more time to prepare for a likely Mandatory Reconsideration. I received that report today and my worst fears have been confirmed. The health assessor (a Physiotherapist) has recommended that I lose 20 points, down from 22 points to just 2 points.

Right away, I noticed several comments by the assessor which are deliberately designed to ensure that I score no points for several PIP descriptors. Examples are…

1. He showers about 4 days per week. (I said twice a week on average).
2. He has 3 bad days per week in terms of low mood.
3. He has 3 bad days per week in terms of anxiety.
4. He gets dressed about 4 days per week into clean clothes due to low mood, lack of motivation.

Note how the assessor above has gone out of her way to state that my issues with depression and anxiety affect me less than 50% of the time, just sufficient to deny me any points.

There are also comments which infer that my issues stem from low mood and ‘not being bothered’. Apparently, I try to avoid leaving the house on a bad day, when I don’t venture out at all without family members.

I now expect a decision from the DWP very soon withdrawing my entitlement to PIP entirely.

To BIS: Thank you for the valuable advice above. When I’ve calmed down, I shall focus on asking for a Mandatory Reconsideration along with reasons why.

To Jane: Best of luck with the Mandatory Reconsideration but prepare yourself for an appeal and Tribunal afterwards. The Judges and lay people on the panels are much nicer than the Health Assessors and DWP decision makers because they actually listen to what you have to say rather than stitch you up.
The following user(s) said Thank You: KimABT

Please Log in or Create an account to join the conversation.

More
11 months 2 weeks ago #286005 by BIS
Hi Jiffy

I am sorry that you look like you may find yourself in a similar position to Jane. That is potentially a catastrophic drop. You could write to the decision maker ASAP and say where you disagree and what you think you should have scored. You will have a very small window to do so - but it might be worth a try, and you say in that letter that you reserve the right to put in for an MR at a later date if necessary.

BIS

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

Please Log in or Create an account to join the conversation.

More
11 months 2 weeks ago #286029 by Jiffy
Thanks for the advice BIS which I’ve taken onboard.

I’ve not been to bed yet. Been up all night composing a response letter to the DWP. I just hope it arrives for consideration before a decision has been made.

The letter will be posted today by special delivery. They’ll receive it tomorrow.


Jiffy

Please Log in or Create an account to join the conversation.

More
11 months 2 weeks ago #286031 by Chris
Morning Jiffy,

I too struggle with days and nights like this at times when something is worrying you so much, that you end up with sleep deprivation. It's very difficult deciding what to write, because no matter how much you have done, you can guarantee that after you've sent it, you be thinking "oh no, should I have wrote this ? or, man, I forgot to include this" beating yourself up, but all you can do is your best, and sit bit and wait, and then deal with each step as it comes.

Hope you manage to get a few ZZZZZZZ's soon.

Regards, Chris.

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid