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PIP Reconsideration Appeal

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5 years 10 months ago #213393 by weasley
PIP Reconsideration Appeal was created by weasley
My Daughter as MS, I have applied for PIP, she received the low rate care/low rate mobility. Myself and her medical team felt this decision was incorrect, so I appealed (mandatory reconsideration) having provided further evidence from her consultant as to her inability to function without much needed help, her mobility is severe, she drags her leg now and has little feeling in her bodily senses, she is also loosing the sight in one eye. After sending the consultants report that he felt this decision was incorrect, and professionally why, we have just received their response, "no change in the award". I would like to know what the next appeal process is, I think it may be a tribunal, her MS Nurse is prepared to attend, along with me, as she feels my daughter is severely disabled. Can you advise or signpost me to the procedure please, also if my daughter is too ill to attend can we attend in her absence, or would that require a written submission,. I don't think they have even read the consultants support letter, and he is one of the top MS consultants in the UK. Can I ask for an in depth report from the DWP as to how they arrived at this decision, and if so, will the appeal process be extended by another month, thanks all.

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5 years 10 months ago #213403 by Gordon
Replied by Gordon on topic PIP Reconsideration Appeal
Catfishman

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

You have already had the Decision Makers Statement of Reasons as part of the Decision Letter. If you have not already requested it then then assessment report will be included in the DWP's submission to the appeal, which you will receive a copy of.


What do you think she should have been awarded and why?

Gordon

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

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5 years 10 months ago #213424 by weasley
Replied by weasley on topic PIP Reconsideration Appeal
Hi Gordan,

We think she should be awarded the high rate of mobility,and care, she is incapable of walking without physical help, and she is prone to chronic fatigue, loss of sensation in her limbs, eye problems (temporary loss of sight in one eye). She has spasms, loss of balance and would be unable to plan any journey, her speech problem presents a very real challenge in communicating with people. She is unable to shuffle around her home with her new born baby, and as she has fallen on 2 occasions with baby in arms due to a spasm, this is all on medical file. Her MS is becoming worse sadly, and she now has infusion for 5 days every month, that is just some of the picture Gordon.

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5 years 10 months ago #213441 by Gordon
Replied by Gordon on topic PIP Reconsideration Appeal
Catfishman

Make sure that you show that she meets the PIP Descriptors as they are written, remembers he needs to do them 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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5 years 10 months ago #213463 by weasley
Replied by weasley on topic PIP Reconsideration Appeal
Thank you Gordon, will do.

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