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Help pls re whether to ask for pip reconsideration or to reapply?
- Esther
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2 years 6 months ago #272067 by Esther
Help pls re whether to ask for pip reconsideration or to reapply? was created by Esther
Hello- new to this site. My daughter is living in supported accommodation autism and adhd among other ‘bits’. She and staff submitted a pip request which we expected as she isn’t self sufficient (hence the supported accommodation) but I think the form was filled in badly by her and the staff as the pip phone person said bits were missing (which illustrates that she needs support). My question is should we appeal or ‘write that off’ (submitted about 12 weeks ago) and I fill in a form with the guidance from here or continue with the appeal even tho the original form isn’t particularly well done? Any advice will be MUCH appreciated. Thanks, Esther.
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- Gary
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2 years 6 months ago #272074 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Help pls re whether to ask for pip reconsideration or to reapply?
Hi Esther
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Sorry to hear the plight of your daughters application, I am not sure from your post if your daughter has been turned down for PIP, if she has then you need to Request a mandatory reconsideration, but before you do you need to get a copy of the assessors report called a PA4.
The first question I would ask is, are you your daughters appointee? www.gov.uk/become-appointee-for-someone-claiming-benefits if you are then you can contact DWP and ask for a copy of the assessors report called a PA4.
When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your daughter scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that your daughter 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;
Lastly, make sure that you understand the criteria that your daughter is being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
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; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
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.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Sorry to hear the plight of your daughters application, I am not sure from your post if your daughter has been turned down for PIP, if she has then you need to Request a mandatory reconsideration, but before you do you need to get a copy of the assessors report called a PA4.
The first question I would ask is, are you your daughters appointee? www.gov.uk/become-appointee-for-someone-claiming-benefits if you are then you can contact DWP and ask for a copy of the assessors report called a PA4.
When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your daughter scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that your daughter 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;
Lastly, make sure that you understand the criteria that your daughter is being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
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; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Waxwing
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2 years 6 months ago #272077 by Waxwing
Replied by Waxwing on topic Help pls re whether to ask for pip reconsideration or to reapply?
Hello Esther
Personally what I would do is to take the advice off Gary and Request a mandatory reconsideration but first get a copy of the assessors report called a PA4. Then I would use the mandatory reconsideration process as though you are filling in a new application. If you write the mandatory reconsideration then you can say that it is written by yourself and explain in detail why you have written the mandatory reconsideration and not the person who is claiming. You did say bits where missing on the form which shows evidence that she needs support. You can highlight that in your MR. When writtin the mandatory reconsideration explain who you are and how you are related to the claimant. You can also use the guides for a new application and read the guide for a MR and combine the two. Also when you write you MR give detailed information about events and problems that have happened when your daughter whas trying to complete the PIP activities. Remember to keep the information closely tied to the PIP descriptors. These are just my thoughts and ideas and if they are wrong I am sure a mod on here will correct me.
Kind Regards
Waxwing
Personally what I would do is to take the advice off Gary and Request a mandatory reconsideration but first get a copy of the assessors report called a PA4. Then I would use the mandatory reconsideration process as though you are filling in a new application. If you write the mandatory reconsideration then you can say that it is written by yourself and explain in detail why you have written the mandatory reconsideration and not the person who is claiming. You did say bits where missing on the form which shows evidence that she needs support. You can highlight that in your MR. When writtin the mandatory reconsideration explain who you are and how you are related to the claimant. You can also use the guides for a new application and read the guide for a MR and combine the two. Also when you write you MR give detailed information about events and problems that have happened when your daughter whas trying to complete the PIP activities. Remember to keep the information closely tied to the PIP descriptors. These are just my thoughts and ideas and if they are wrong I am sure a mod on here will correct me.
Kind Regards
Waxwing
The following user(s) said Thank You: phrank, Gary
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