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Appeal Process

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6 years 8 months ago #192971 by shycharlieace
Appeal Process was created by shycharlieace
My dad received 11 points for pip although he has been on DLA for mental health problems mainly depression since 2005. can anyone help me to get his points higher , when I appeal against the original decision he doesn't use cooker as it is dangerous and has burned himself before and nearly set kitchen on fire ,which I told them yet he got 2pts out of 8 in that category, I was made his appointee in 2016 mainly because of budgeting decisions etc , yet he only received 2pts out of 6 for that category, also its a face to face assessment he had yet he was looking at the floor the whole time as he doesn't mix with others and was out of his comfort zone, he also broke down in tears about 5mins into the assessment, yet he only got 2 pts out of 8 in that category , so can anyone out there help me

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6 years 8 months ago #193016 by Gordon
Replied by Gordon on topic Appeal Process
shycharliace

You seem to have good arguments for Preparing Food and Making decisions about money, I don't think his reaction at the assessment is a good argument, Mixing with other people is about social interaction and I doubt that the assessment will be counted as this, although the DWP may try to.

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

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