PIP Appeal

Hello! I'm hoping somebody can help me out. I'm appealing the decision not to award PIP on behalf of my partners mother. I was not there during the assessment and she is not able to remember most details I need. Furthermore, the only letter she's been able to give me is the "Mandatory Reconsideration Notice" with the decision (showing 0 points awarded).

Should we have a copy of the medical report by now? Because I'm reading through other peoples letters of appeal and they state things like "I told her I could walk 50 meters with crutches and all the HP recorded was I was able to walk 50 meters" (just an example). How do they know what the HP recorded? Can I find a copy of the medical assessment anywhere? Or can I request a copy?

I have printed off the points system to better understand what we think she should have been awarded so I can include this in my letter of appeal (which I will enclose with the SSCS1). During this process I came across something that said if someone is diagnosed with cancer they automatically meet the disability definition, does this still count if she had surgery to remove the cancer back in 2006? She had to have yearly scans to check the cancer had not come back, and her last check-up scan was last year.

Other than that, this is a 66yr old lady is riddled with cervical spondylosis and arthritis which the doctors advised is progressive. In 2000 she also had to have a full hysterectomy and an 18lb fibroid removed which has left her with bladder and bowel problems. As you can imagine this combined with the cancer scare has resulted in what was originally depression, but over the last few years she has become increasingly agoraphobic (doctors letter supporting this was submitted) which is why I persuaded her to apply for PIP in the first place.

I really want to help this lady as this is the exact type of person this benefit is designed for! But I am struggling as I only have the 1 letter to work from, and she was so anxious during the medical she cant add much. Any help or advice will be very gratefully received!!

Thank you in advance.

The members guide to appeals is excellent. I won my appeal this week, it literally took 3 minutes. The judge remarked how good my statement was, I used the advice in the guide to write it. They didn’t even send me out of the court to discuss the case.

The first thing you need to do is ask for a mandatory reconsideration, and quickly! Look at the decision and state what’s wrong about it. Also, contact dwp and tell them you want a copy of the assessment (I asked them to send me everything in my file). Chances are, dwp will just rubber stamp the original decision when they carry out the mandatory reconsideration, quoting further ‘medical evidence’ from the assessment. When you’ve got that, you’ll have a good idea what you need to submit to the tribunal. Get help from CAB, Age Concern or another charity that offers assistance with tribunals, you should have plenty of time. Get as much actual medical evidence as you can, use it to show that the dwp evidence f on the assessment is wrong. It needs to show how she meets the descriptors you’re disputing. Do a good job and the dwp might even change their descision before the tribunal.

Having terminal cancer qualifies for automatic award on enhanced daily living (see www.citizensadvice.org.uk/benefits/sick-...m-if-terminally-ill/) . Since she’s had a face to face I guess I that’s not the case.