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REFUSED PIP
- DJT71
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2 months 2 weeks ago #294330 by DJT71
REFUSED PIP was created by DJT71
Hi I have been refused PIP. I have COPD, Asthma, Crohn’s disease, Generalised Anxiety Disorder and Depression. I submitted numerous medical info prior to my assessment. I had a telephone assessment and panicked due to my anxiety and became distressed, I found the whole telephone assessment traumatic, intimidating and felt backed into a corner. When viewing my assessment report there were many discrepancies and important info had been missed out. Some examples…. I cannot use public transport due to anxiety, this was entered on report that I ‘can’ use public transport! I cannot travel alone due to anxiety….. this was on report that I could follow a route, travel alone etc. I cannot make a simple meal safely due to fatigue…….on the rejection letter it states that as I can make a cup of tea this means I can prepare a simple meal!…..how is a cup of tea the same as making a simple meal!? I also do not mix with other people due to anxiety and fears of having anxiety attack and being exposed to Athma/COPD triggers…..the list goes on…. How is the best way to challenge this on Mandatory Reconsideration please
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- BIS
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2 months 2 weeks ago #294432 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic REFUSED PIP
Hi DJT71
I'm sorry to hear what has happened. I'm afraid you are not alone in receiving a report that is full of mistakes. Did you ask for the assessment to be recorded?
In terms of what you do next. You have one month from the date on the decision letter to put in for your MR. Have a look at the Guide to PIP appeals (in which you will find the MR information) and this will walk you through the process. Go through every point in the report which was incorrect and refute it.
This is advice from Gary one of the other mods
"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 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; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp"
If you have any further questions - come back and ask and we will try and help
BIS
I'm sorry to hear what has happened. I'm afraid you are not alone in receiving a report that is full of mistakes. Did you ask for the assessment to be recorded?
In terms of what you do next. You have one month from the date on the decision letter to put in for your MR. Have a look at the Guide to PIP appeals (in which you will find the MR information) and this will walk you through the process. Go through every point in the report which was incorrect and refute it.
This is advice from Gary one of the other mods
"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 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; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp"
If you have any further questions - come back and ask and we will try and help
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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