Complex PTSD PIP appeal.

Hi Anita

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

You have a number of things going on, so we will take them one at a time.

You talk about going to a PIP tribunal and then say you have been placed in the LCW group PIP and LCW are two different benefits, by the sound of your post I believe you may have had two assessments one for PIP and the other for WCA.

The first thing you need to do is get a copy of the assessors report, for PIP it is called a PA4 and for WCA it is called a UC85.

Once you get the reports you will have a better idea on how you were assessed. When you have the assessment reports 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.

For PIP, 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 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 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; Lastly, make sure that you understand the criteria that you are 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 (MR), 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 The same applies for Work capability assessment, have a look at our WCA MR and Appeal guide; help-for-claimants/esa1 in the members area.

The CRMR1 form is used to initiate your MR for both PIP and WCA; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

In answer to your second question; No the DWP will state that all assessors are adequately qualified to assess an individual.

In answer to your third question; No you will not automatically go over to ESA. If your SSP is ending your employer must send you form SSP1; www.gov.uk/statutory-sick-pay/eligibility.

New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.

The Income Related benefit that goes with NS ESA is Universal Credit.

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