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PIP BROWN ENVELOPE RECEIVED TODAY

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6 years 1 month ago #205969 by Daisyc3cjs
PIP BROWN ENVELOPE RECEIVED TODAY was created by Daisyc3cjs
Hi all, well it arrived today and I guess no big surprise after what I have read. My PIP was refused totally. In fact I only scored 2 points in total, these being for use of an aid to manage toilet needs i.e. incontenenace pads. Naturally I intend to appeal this decision. My question is do I just write a letter stating why I would like a mandatory reconsideration, or is there another form to fill in. ? Virtually everything in "the decision" in the letter was contradictory to what was discussed at my assessment, again no big surprise I guess !

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6 years 1 month ago #206018 by Gordon
Replied by Gordon on topic PIP BROWN ENVELOPE RECEIVED TODAY
Daisy

Sorry to hear this.

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, there is no form so just write a letter, 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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6 years 1 month ago #206036 by Daisyc3cjs
Replied by Daisyc3cjs on topic PIP BROWN ENVELOPE RECEIVED TODAY
Hi Gordon many thanks indeed. I'm not actually sure whether asking for a copy of the report would help as under the heading "My decision" it is quite lengthy inasmuch as it says why I am not awarded any points. I won't copy the whole thing on here but just an example:

"You said you have difficulties taking nutrition etc.," I decided you can eat/drink unaided.

You said you have difficulty planning and following journeys. I decided you can plan and follow the route of a journey unaided.

These are just two factors.

What I fact said was my husband hate to make sure I eat and drink as otherwise I would not. Asfaras journey is concerned, I made it quite clear this was impossible for me to do safely as my concern was only with finding a toilet and have on numerous occasions had to stop on the road leaving the engine running to find a convenient tree or bush.

It also says I engaged well with my assessor displaying adequate interaction rapport, eye contact and did not require prompting. Quite honestly what this has to do with incontinence is beyond me. It also states.....

The evidence shows you have no functional restrictions preventing you from planning and following journeys, moving around, taking nutrition, engaging with other people face to face safely repeatedly, reliably to an acceptable standard and within a reasonable time period unaided, most of the time. You were observed to walk at a normal pace with a normal gait unaided and no physical conditions were reported.

I did actually make it quite clear, or so I thought that I had difficulty meeting other people especially shopping and as for planning journeys, please see above.

Just wondering whether this is worth pursuing at all really. Thank you for the link anyway, just wondered if you had any other thoughts.

Daisy

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6 years 1 month ago #206055 by Gordon
Replied by Gordon on topic PIP BROWN ENVELOPE RECEIVED TODAY
Daisy

Only you can decide whether to challenge the Decision or not, what I can say from your latest post is that you misunderstood the criteria against which you are being assessed, that does not mean that you do not meet that criteria, just that you have not explained your problems well.

So as a starting point I would go back through our PIP Claim guide and your PIP2 to make sure that you have answered against the criteria and if not, think about how you might. Remember that the activities have to be complete "reliably" and "on the majority of days"

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 1 month ago #206682 by Daisyc3cjs
Replied by Daisyc3cjs on topic PIP BROWN ENVELOPE RECEIVED TODAY
Hi and thanks Gordon, apologies for the late reply to this thread but I have been thinking about the best thing to do. After having a good think and seeing the latest news on this subject I have decided to go for a MR - it will only cost me a stamp after all. Also as said I do consider I have been assessed and scored incorrectly. As you suggest, I have also gone back over my original form and also gone over the various descriptors. All in all I consider I should be awarded 4 points for needing prompting with nutrition, 3 points for help with showering, 8 points for incontineance and 8 points for planning a journey. In the letter obviously I have stated the reasons but I won't go into all of them on here. My question is.........do I mention the various descriptors in my letter and say what I think I should get or just say I think the fact that I have been scored 2 points is incorrect and inappropriate. Thoughts please ?

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6 years 1 month ago #206697 by Gordon
Replied by Gordon on topic PIP BROWN ENVELOPE RECEIVED TODAY
Daisy

Explain why you think you meet the criteria, it's all about leading the Decision Maker to the right conclusion.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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