× Members

Start 0 points ACCEPTED 11 and 14 points no Appeal

More
6 years 10 months ago #188763 by Sally
I have just received the award for my disabled partner of 28 years, he suffers with mental health and often has suicidal thoughts, but is not harmful to anyone else, and was sectioned for three years two years ago. We now have him at home and under strict medication, we save him from being in a mental health unit again. But the decision he got was not at all correct. So will read your forum and hopefully get some strength to fight on for him. He is sleeps alot as the medication makes him like this, but he is also in alot of pain and cannot put weight on his foot and is a wheelchair user most of the time. We struggle with hygiene and yesterday was in Accident and Emergency with a bad fall in the shower as he cannot walk really without trainers on as he has a fused ankle joint and it does not stand flat. But he was given a reduced rate in both, when he should really be on the enhanced rate. I have power of attorney (full) and when we attended the assessment the lady put her hand up into my space and said please do not say anything I want him to talk. He has been diagnosed with avoidance and would do anything to get out of things, hence he stated many answers that were just not true or even possible. On returning home, I just wanted to cry and my parents told me to complain the next day, which I did. I am yet to face writing even though I know I should, but it was just an awful experience I feel so depressed about it all. Have got to pluck up the courage to fight back. Our doctor is marvelous and wrote a truthful and frank account of my partners life, which is depressing when you read it yourself on paper and yet it is my life. She is backing me all the way and I am at present writing a letter to her to give us another letter to go with the Mandatory Reconsideration I am doing. But it is a depressing thing to be doing and I can understand fully how disabled people and their carers cannot face it all.
I am glad I have joined this site, it is proving very helpful. Any tips from your forum happy to have - thank you

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

More
6 years 10 months ago #188772 by Gordon
Sally

I have moved your post to it's own topic, we ask members not to post their questions in other people's topics as it can lead to the wrong advice being given or taken.

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

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

More
6 years 10 months ago #188792 by moaner
I was under the impression that power of attorney for a person meant that the person was unable to give statements to anyone. I am not sure the assessor was correct in questioning him at all. I would check this out .

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

More
6 years 10 months ago #188830 by Gordon
Moaner

I actually agree but the DWP only refer to appointees in their documentation.

Gordon

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

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

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.