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Pip Appeal, new medical evidence
- teganbach
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5 years 8 months ago #216470 by teganbach
Pip Appeal, new medical evidence was created by teganbach
I am hoping someone can point me in the right direction.
I had my decision for PIP today and have been given nothing. I am going to appeal because they are so many things I disagree with.
One of the things that has changed since my original form went off (and which DWP are aware of) is that I have a new counsellor under a different provider looking after me. When I saw my assessor, I had only just made the switch.
I know that she would be able to support my application and appeal but I'm guessing I have to do all the leg work since its my appeal.
What would be the best way to go about this? What should I ask for from my counsellor?
I had my decision for PIP today and have been given nothing. I am going to appeal because they are so many things I disagree with.
One of the things that has changed since my original form went off (and which DWP are aware of) is that I have a new counsellor under a different provider looking after me. When I saw my assessor, I had only just made the switch.
I know that she would be able to support my application and appeal but I'm guessing I have to do all the leg work since its my appeal.
What would be the best way to go about this? What should I ask for from my counsellor?
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- Gordon
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5 years 8 months ago #216485 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip Appeal, new medical evidence
applecharlie
There is a GP Notes document in the PIP area, your Counsellor can either complete it or use it to give some structure to their own letter.
www.benefitsandwork.co.uk/help-for-claimants/pip
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 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
There is a GP Notes document in the PIP area, your Counsellor can either complete it or use it to give some structure to their own letter.
www.benefitsandwork.co.uk/help-for-claimants/pip
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 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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- teganbach
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5 years 8 months ago #216494 by teganbach
Replied by teganbach on topic Pip Appeal, new medical evidence
Thanks for your reply.
I've already started my appeal letter based on the decision letter and I'm using the guides you mentioned to help.
I haven't seen the assessor's report yet just the decision maker's but when I called DWP, they said it could take 2 weeks for the assessor's report to arrive with me. That doesn't leave much time for me to get my appeal together and sent to them if I don't do some prep now.
When I read my decision letter, I didn't know whether to laugh or cry. One of the things that counted against me was that I opened a pop bottle unaided but there was nothing about a cough I have and was trying to ease with the drink.
I've already started my appeal letter based on the decision letter and I'm using the guides you mentioned to help.
I haven't seen the assessor's report yet just the decision maker's but when I called DWP, they said it could take 2 weeks for the assessor's report to arrive with me. That doesn't leave much time for me to get my appeal together and sent to them if I don't do some prep now.
When I read my decision letter, I didn't know whether to laugh or cry. One of the things that counted against me was that I opened a pop bottle unaided but there was nothing about a cough I have and was trying to ease with the drink.
The following user(s) said Thank You: Gordon
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- teganbach
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5 years 8 months ago #216593 by teganbach
Replied by teganbach on topic Pip Appeal, new medical evidence
So, I'm writing my letter for a MR and looking that the communicating verbally. I am trying to work out if and where I fall in the points table. Hoping someone can figure it out.
I'm dyspraxic and difficulties with my speech in that I talk too much, often repeatingly information and too fast. I also have some trouble pronouning certain words and have to slow my speech right down while I form the word to the best of my ability. I also have to ask people to reword questions/statements if I'm not sure what they meant first time around.
However, I don't have any aids I use or anything of the sort. It does affect me when it comes to engaging with others face to face so it's relevant in that part but in communicating verbally, I don't see where it would fall.
I'm dyspraxic and difficulties with my speech in that I talk too much, often repeatingly information and too fast. I also have some trouble pronouning certain words and have to slow my speech right down while I form the word to the best of my ability. I also have to ask people to reword questions/statements if I'm not sure what they meant first time around.
However, I don't have any aids I use or anything of the sort. It does affect me when it comes to engaging with others face to face so it's relevant in that part but in communicating verbally, I don't see where it would fall.
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- Gordon
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5 years 8 months ago #216622 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip Appeal, new medical evidence
AC
I'll be honest, I don't see where your problems fit in the Communicating activity either, all I can suggest is that you make your arguments and see what happens.
Make sure that you understand the requirement for basic and complex verbal information and consider how reliably and on the majority of days might apply.
Gordon
I'll be honest, I don't see where your problems fit in the Communicating activity either, all I can suggest is that you make your arguments and see what happens.
Make sure that you understand the requirement for basic and complex verbal information and consider how reliably and on the majority of days might apply.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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