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PIP Reduced - Next Steps
- Holly
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5 years 9 months ago #214151 by Holly
PIP Reduced - Next Steps was created by Holly
Hello
I am the advocate for my nephew he has mental health issues and I help out in many areas of his life.
Nephew had a PIP review. I attended the meeting with him so was witness to what was said etc.
The report came back and my nephew's PIP had been reduced to the lower rate. The actual report was far from accurate.
I telephoned and asked for the claim to be looked at again, giving my reasons. Throughout the meeting, my nephew was asking me what the lady meant and I had to explain. The assessor had to rephrase questions and also she was prompting my nephew to give specic answers.
The mandatory consideration has come back with no changes saying that 'throughout the assessment 'you heard, understood and conversed well throughout the assessment'. This is blatently untrue. There are many other things in the report that are blatently untrue.
What are my next steps in dealing with this please?
I am the advocate for my nephew he has mental health issues and I help out in many areas of his life.
Nephew had a PIP review. I attended the meeting with him so was witness to what was said etc.
The report came back and my nephew's PIP had been reduced to the lower rate. The actual report was far from accurate.
I telephoned and asked for the claim to be looked at again, giving my reasons. Throughout the meeting, my nephew was asking me what the lady meant and I had to explain. The assessor had to rephrase questions and also she was prompting my nephew to give specic answers.
The mandatory consideration has come back with no changes saying that 'throughout the assessment 'you heard, understood and conversed well throughout the assessment'. This is blatently untrue. There are many other things in the report that are blatently untrue.
What are my next steps in dealing with this please?
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- Gordon
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5 years 9 months ago #214153 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Reduced - Next Steps
Holly
You refer to yourself as your nephew's advocate, are you his official DWP appointee? If not then you may struggle to act on his behalf and you should be careful of declaring yourself as his Representative in regard any appeal as the panel may make assumptions about your capabilities that you will not be able to fulfil.
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 nephew's appeal is accepted the DWP will prepare their submission to the hearing and send him a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare his case, an increased award will only be made by your showing that he should score the points for one, so I would start by going back through his PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
I'm not saying to ignore the report but showing the errors in it wil not directly lead to an award, have a look at the following
www.benefitsandwork.co.uk/news/3783-pip-...7-on-last-year-to-71
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
Gordon
You refer to yourself as your nephew's advocate, are you his official DWP appointee? If not then you may struggle to act on his behalf and you should be careful of declaring yourself as his Representative in regard any appeal as the panel may make assumptions about your capabilities that you will not be able to fulfil.
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 nephew's appeal is accepted the DWP will prepare their submission to the hearing and send him a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare his case, an increased award will only be made by your showing that he should score the points for one, so I would start by going back through his PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
I'm not saying to ignore the report but showing the errors in it wil not directly lead to an award, have a look at the following
www.benefitsandwork.co.uk/news/3783-pip-...7-on-last-year-to-71
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Holly
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5 years 9 months ago #214173 by Holly
Replied by Holly on topic PIP Reduced - Next Steps
Thank you Gordon.
Yes, I used the wrong words - I am my nephews official DWP Appointee.
I'm really shocked that they have miscronstrued the facts and even when pointed out (my telephone call), they have disregarded them. Its as if the assessment just didnt happen.
So in short, we have to go to an official appeal - Tribunal?
Thank you for the links.
Yes, I used the wrong words - I am my nephews official DWP Appointee.
I'm really shocked that they have miscronstrued the facts and even when pointed out (my telephone call), they have disregarded them. Its as if the assessment just didnt happen.
So in short, we have to go to an official appeal - Tribunal?
Thank you for the links.
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- Gordon
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5 years 9 months ago #214199 by Gordon
I'm afraid so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Reduced - Next Steps
Holly wrote: So in short, we have to go to an official appeal - Tribunal?
Thank you for the links.
I'm afraid so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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