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My copy of my PIP assessment report awards me 0 points should I appeal?

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2 years 5 months ago #272638 by welshval
Just received my copy of the PIP assessment report completed on 26/7/22 it has awarded me 0 points .Two questions should I appeal and will it affect my universal credit award for LCWRA which was granted after an assessment on 26/5/22 ? I know the assessments for both use different criteria but I am astonished that such wildly different conclusions could be reached !

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2 years 5 months ago #272650 by LL26
Hi welshval ,
I'm sorry to hear that you were awarded 0 points. It is obviously your decision whether to appeal, but it seems very unlikely that someone with LCWRA would gain no points on PIP!!!
Am I right in assuming that you have put in a claim( or renewal) and have yet to receive the actual decision?
You have a small window if opportunity to write in to DWP to complain about the report. You could also try phoning as well but back this up with a letter. Say you disagree with the report and it does not reflect your true disability. I would refer to the UC report and yes whilst the 2 benefits are different there are a lot of common factors which have been agreed by the judges! Mobility, engaging with others, are very similar. Not being able to use a pen or lift a box etc might indicate problems getting dressed, or maybe an inability peel or chop veg. Etc
If you have already had the decision then you will need to make a Mandatory Reconsideration ( or you could wait for the letter if it hasn't yet appeared just on the off chance the decision may not reflect the PIP assessment report!)
Appealing PIP should not affect your UC. If it does then you would be entitled to do MR and appeal to a tribunal if required

You have a month from the actual decision date to enter an MR.
I hope this helps.
LL26

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

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2 years 5 months ago #272672 by welshval
no I have not yet received the decision letter but my suspicions were aroused when I rang DWP for a copy of the report when I received a text from DWP telling me they had received the report- the man I spoke to was very reluctant and kept insisting that I could not make any appeals until I had the decision letter! he seemed to be more concerned with running down the clock on me as if he knew the decision already so maybe its too late already

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2 years 5 months ago #272682 by BIS
Hi Welshval

You might not want to, but you could write to the decision maker before the decision letter is sent to you, objecting to the report. This does not stop you from putting in for a Mandatory Reconsideration when you receive the decision letter if it confirms the zero points. If you want to do this, you need to act quickly - there is a very small window of time. Address it to the 'decision maker'

BIS

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

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2 years 5 months ago #272696 by denby
Dear welshval, I'll put personal experience to back what BIS says. Objecting to the report with a letter before the decision got Enhanced on both for our daughter. The report certainly would not have given that if the Decision Maker had gone by it without my intervening. The report was quite sneaky. If you do write, be sure to avoid using the 'lie' word.
Got to be worth a try as in our case it saved all the hassle we had had twice before, of going all the way to Tribunal to get the award.
Best wishes,
Denby
The following user(s) said Thank You: SUE C C, LL26, welshval

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