Pip rejected (again)

Hi Justmehere

I'm sorry to hear that you scored zero points this time. The first thing to do as you know is to get hold of your assessment report (PA4). I would also advise that you look at the most recent guide to PIP Appeals - which contains the information for Mandatory Reconsiderations as well.
www.benefitsandwork.co.uk/help-for-claimants/pip. This will help you structure what to say. (Obviously, you also have your prior experience).

It still seems to be about 12 months for an appeal to take place, but there may be some small variations depending on where in the country you are. I think as more tribunals go online they may happen more quickly.

BIS

Hi Justmehere

When you get the PA4 it will list the evidence that they used to make the judgement (which will hopefully include information you submitted). Usually they look at the evidence you have sent and your answers to their questions. Look out for them, not reading all your evidence, and obviously writing down things that are incorrect, missing things you said or you never said!

BIS

Hi Justmehere,
Delays for tribunals is a bit hit and miss. I sent in an appeal for client on 12th September, using the online form. We have a phone hearing set down for next week! However I know some cases are taking a lot longer.
As you previously had an award of PIP the change of decision is called a Supersession. Although DWP can 'supersede' benefit simply because they have a new assessment report which advises zero points, DWP will still have to properly explain why they have changed the benefit award. If you need to appeal to the tribunal its role is to make the correct award that DWP should have made. If you can make a very full MR letter it can help avoid going to a tribunal. It is therefore really important to explain why the DWP is wrong. As previous posts have explained, pointing out errors in rhe assessment is good, but rather than list each and every error try and group the mistakes into 4 or 5 bullet points. So you could say eg
The assessment report is not reliable, and uses cut and paste throughout. There are several fundamental errors which include:
• the assessor wrongly assumed that I drive and therefore have 'adequate grip' . I do not drive.
• the assessor wrongly states that I spoke clearly and without prompting. I have a speech impediment and never speak clearly. My wife had to prompt me on several occasions.
• the assessor wrongly states that I have no specialist involvement. I am waiting fir an appointment but have been told due to Covid delays I will not be able to get an appointment until next March. Until this time I can not access any further treatment.

Also mention eg if the assessor didn't let you finish answering questions, was rude was hurrying, etc etc
Then, go through each descriptor, what is wrong (or correct!) with what the assessor/decision maker has said.
Eg
You have awarded zero points for Taking Nutrition. I have throat cancer and am therefore prone to choking. I always need to be supervised when eating to minimise the risk of choking. I have been advised by my GP that I should never be alone when I eat or drink. It is not safe for me to eat or drink alone. Last Monday, when my partner was called into work unexpectedly, I was left at home. I made a sandwich, as I was so hungry, although I ate very slowly I started choking. Luckily my neighbour heard me and provided first aid which saved my life.I should been awarded 2 points under Descriptor 2bii.

You can follow the same format for all the descriptors. Using the members guides shoukd provide extra info and more hints.
I hope this helps.
Good luck.
LL26