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Pip appeal help
- Sad cat
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5 years 7 months ago #217356 by Sad cat
Pip appeal help was created by Sad cat
Hi
I moved from do a to pip because I faint without warning. I scored 2 points for washing and bathing and 2 points for cooking and 0 points for everything else even though I passed out at the end of my assessment and needed carried out to the car by my husband. The dm said I can satisfy planning a journey as I can use pedestrian crossing to keep myself safe outside. How can I defend this ?
Thanks in advance
I moved from do a to pip because I faint without warning. I scored 2 points for washing and bathing and 2 points for cooking and 0 points for everything else even though I passed out at the end of my assessment and needed carried out to the car by my husband. The dm said I can satisfy planning a journey as I can use pedestrian crossing to keep myself safe outside. How can I defend this ?
Thanks in advance
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- Gordon
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5 years 7 months ago #217359 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip appeal help
Sad cat
The first thing you need to do is use the right terminology, this is about your Following a Route not about your planning one which is a separate activity, I realise that this sounds like I am being pedantic but that is exactly what PIP is.
Following a Route is exactly about your doing this and the reasons that prevent you from doing so. These reasons fall into three categories; you have sensory problems, for example, you cannot see the route to follow, you have cognitive issues, you cannot understand the route you need to follow and lastly you suffer from overwhelming psychological distress that prevents you from following or navigating the route.
Your passing out is not going to meet one of these requirements directly.
You may be able to argue that concerns about your passing out when out lead to your suffering overwhelming psychological distress and that this would leave you so cognitively impaired that you cannot continue with the route.
As to the Daily Living component, if your arguments are again based on your passing out then you should have a look at our PIP Claim guide and the sections on completing the activities "safely".
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.
Gordon
The first thing you need to do is use the right terminology, this is about your Following a Route not about your planning one which is a separate activity, I realise that this sounds like I am being pedantic but that is exactly what PIP is.
Following a Route is exactly about your doing this and the reasons that prevent you from doing so. These reasons fall into three categories; you have sensory problems, for example, you cannot see the route to follow, you have cognitive issues, you cannot understand the route you need to follow and lastly you suffer from overwhelming psychological distress that prevents you from following or navigating the route.
Your passing out is not going to meet one of these requirements directly.
You may be able to argue that concerns about your passing out when out lead to your suffering overwhelming psychological distress and that this would leave you so cognitively impaired that you cannot continue with the route.
As to the Daily Living component, if your arguments are again based on your passing out then you should have a look at our PIP Claim guide and the sections on completing the activities "safely".
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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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