× Members

PIP

More
5 years 9 months ago #214577 by ann
PIP was created by ann
Hi there I am at a loss here as my daughter has just been refused PiP after her assessment. We received a one page decision and it certainly did not appear to be a report. My daughter has Aspergers and two of the symptoms relating to this are depression and anxiety and yet not once in this decision has any reference been made to my daughter having Aspergers. The whole decision has been based on inaccuracies . Neither was there any referance made regarding my daughters suicide attempts and they went as far to say that she is able to take care of her own medication. Unbelievable what is going on out there.

Please Log in or Create an account to join the conversation.

More
5 years 9 months ago - 5 years 9 months ago #214590 by Gordon
Replied by Gordon on topic PIP
Ann

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 her 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 she meets the criteria, there are many reasons she 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 she walked 50m, she did but they have failed to document that she 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 her 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
Last edit: 5 years 9 months ago by Gordon.
The following user(s) said Thank You: ann

Please Log in or Create an account to join the conversation.

More
5 years 9 months ago #214636 by ann
Replied by ann on topic PIP
Thank you Gordon and I will ring them tomorrow to request the full report. I have downloaded the Mandatory Reconsideration form and I am at this moment filling this in however I do believe I will have to send this off before I would receive any report back from the DWP as the time scale requires that I have to respond with all the information by the 27th of July.
I received today from a friend the descriptors what the DWP use to assess the claimant and to be honest there are no points for self harmers or suicide risks although many of us are aware that this is considered to be a Mental Health problem the DWP appear to have excluded it from descriptors . I would hope that I am wrong . Would you be able to look into this for me.

Please Log in or Create an account to join the conversation.

More
5 years 9 months ago #214644 by Gordon
Replied by Gordon on topic PIP
Annn

Have you used our PIP Claim guide, this has the PIP Descriptors listed and explained?

DLA had a general requirement for care, PIP does not, points can only be scored for problems with completing the PIP activities, however mental health issues are taken into account as to why the claimant would have difficulties.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ann

Please Log in or Create an account to join the conversation.

More
5 years 9 months ago #214660 by angel*1
Replied by angel*1 on topic PIP
Ann
Hello. I waited until I received the reports on the decision before instigating an MR. You have a month (28 days?) to instigate this. It gives you time to look at the reports and start your MR submission. Call them and tell them you will be sending in more information/evidence and your own submission. Once you instigate an MR, a decision can be made within 2 weeks. You must tell them in writing and by phone that you do not want them to make a decision until they have received the information you are sending. Otherwise, it can happen before you've sent it in.
If possible, send it "signed for". That way, you have proof of sending date and receipt by them.
I did this and when they made an unauthorised decision, without looking at my further evidence, I was able to refer them to the letter I wrote to them, requesting they wait until they recieved my further evidence. They agreed. I then got a phone call, spoke to the DWP and my decision was changed. It's important to do it in writing, if you can. Good luck. :)
The following user(s) said Thank You: ann

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.