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PIP Review Report help please
- libran1962
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1 year 9 months ago #278372 by libran1962
PIP Review Report help please was created by libran1962
Hi
My 54 yr old brother who has among other things early onset Alzheimer’s and mixed dementia as well as a serious previous brain trauma plus a previous suicide attempt had a recent PIP review assessment.
After a review assessment in 2019 they gave him 0 points and what followed was a fight to get his benefits reinstated(he was on standard care and standard mobility) It took almost 2 yrs to get to tribunal and was awarded his benefits back.
This time thanks to this site I knew enough to send for a copy of report and as expected it looks like they are taking both elements of his PIP away.He did get 7 points for care but zero for mobility.We know he fulfils many more care points and 10 for not ring able to follow an unfamiliar journey.
At tribunal they awarded 9 points(he does fulfil more)but more worryingly the award was only for 19 months.This seemed unfair when he has a progressive condition with no cure.
Please can I ask what steps I should take next?We haven't had the decision letter yet.Reading other posts it is my understanding that you can write to the decision maker? How do I get their details?
Also do I go through the report and say what is incorrect and why and back it up with evidence?Or do I wait for decision letter and do an MR? Also can I put to them that the length of award should reflect his progressive condition/s?
I truly appreciate your help
Kind regards
Suzanne
My 54 yr old brother who has among other things early onset Alzheimer’s and mixed dementia as well as a serious previous brain trauma plus a previous suicide attempt had a recent PIP review assessment.
After a review assessment in 2019 they gave him 0 points and what followed was a fight to get his benefits reinstated(he was on standard care and standard mobility) It took almost 2 yrs to get to tribunal and was awarded his benefits back.
This time thanks to this site I knew enough to send for a copy of report and as expected it looks like they are taking both elements of his PIP away.He did get 7 points for care but zero for mobility.We know he fulfils many more care points and 10 for not ring able to follow an unfamiliar journey.
At tribunal they awarded 9 points(he does fulfil more)but more worryingly the award was only for 19 months.This seemed unfair when he has a progressive condition with no cure.
Please can I ask what steps I should take next?We haven't had the decision letter yet.Reading other posts it is my understanding that you can write to the decision maker? How do I get their details?
Also do I go through the report and say what is incorrect and why and back it up with evidence?Or do I wait for decision letter and do an MR? Also can I put to them that the length of award should reflect his progressive condition/s?
I truly appreciate your help
Kind regards
Suzanne
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1 year 9 months ago #278397 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Review Report help please
Hi libran1962
There is a small window of time for you to write to the Decision Maker - before the decision comes out. You send a letter addressed to the 'Decision Maker' - and send it to the Wolverhampton address on the letter he received from the DWP. I assume his condition has deteriorated in the last two years, and you should emphasise that in your response. Yes, go through the report and challenge any issue where you think he should have been awarded more points.
Have a look at the PIP guide on how to challenge the medical report.
benefitsandwork.co.uk/guides-for-claimants/pip. You need to send that letter ASAP. Put on the letter that you reserve the right to put in for a Mandatory Reconsideration when the decision comes out. If you have to go to MR - you will repeat the same information.
I am surprised the Tribunal only gave a decision of 19 months - that was strange. However, as he was awarded the standard rate for both elements, you would probably have wanted to contact the DWP at some point for a change of circumstances as his condition got worse anyway, and yet it would be impossible to gauge when that would be. The Tribunal could only respond to where he was at that point - not where he would be in the future. That is the same for the DWP, however, there is nothing to stop you from requesting a longer award.
BIS
There is a small window of time for you to write to the Decision Maker - before the decision comes out. You send a letter addressed to the 'Decision Maker' - and send it to the Wolverhampton address on the letter he received from the DWP. I assume his condition has deteriorated in the last two years, and you should emphasise that in your response. Yes, go through the report and challenge any issue where you think he should have been awarded more points.
Have a look at the PIP guide on how to challenge the medical report.
benefitsandwork.co.uk/guides-for-claimants/pip. You need to send that letter ASAP. Put on the letter that you reserve the right to put in for a Mandatory Reconsideration when the decision comes out. If you have to go to MR - you will repeat the same information.
I am surprised the Tribunal only gave a decision of 19 months - that was strange. However, as he was awarded the standard rate for both elements, you would probably have wanted to contact the DWP at some point for a change of circumstances as his condition got worse anyway, and yet it would be impossible to gauge when that would be. The Tribunal could only respond to where he was at that point - not where he would be in the future. That is the same for the DWP, however, there is nothing to stop you from requesting a longer award.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 9 months ago #278402 by libran1962
Replied by libran1962 on topic PIP Review Report help please
Thank you so much for your kind and very helpful reply.This site is invaluable and myself and others do appreciate the guidance and hard work.
Yes 19 months was a very odd award length, it all went on during covid and was paper ward by a judge only.We were just so glad to have his PIP reinstated and the huge back payment so just accepted it
Will act on the good advice and will update you when we get a response
Thank you again
Kind regards
Suzanne
Yes 19 months was a very odd award length, it all went on during covid and was paper ward by a judge only.We were just so glad to have his PIP reinstated and the huge back payment so just accepted it
Will act on the good advice and will update you when we get a response
Thank you again
Kind regards
Suzanne
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1 year 9 months ago #278423 by libran1962
Replied by libran1962 on topic PIP Review Report help please
Dear BIS
I am going to start my brother’s PIP response to Decision maker as per your kind advice.Please could I trouble you to ask if I should write it as in “Ian struggles” or “I struggle” bearing in mind he is unable to do the response himself as he has Alzheimers?
When we did his PIP tribunal my husband was down as his helper but we don’t have the timescale to have him put down as this for DWP due to the small window we have
Thank you again
Kind regards
Suzanne
I am going to start my brother’s PIP response to Decision maker as per your kind advice.Please could I trouble you to ask if I should write it as in “Ian struggles” or “I struggle” bearing in mind he is unable to do the response himself as he has Alzheimers?
When we did his PIP tribunal my husband was down as his helper but we don’t have the timescale to have him put down as this for DWP due to the small window we have
Thank you again
Kind regards
Suzanne
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1 year 9 months ago #278435 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Review Report help please
Hi libran1962
I would absolutely use "Ian struggles." If you use "I struggle..." the non-medical person reading you rebuttal - will think that he is quite capable of writing it himself.
If you have the time I would also write a letter from yourself - saying what you have observed - keeping in mind the specific PIP criteria. It doesn't have to be long (one side of A4 will be enough). If you do a letter you may feel that you are just repeating the same information, but you can say how much help he needs and the impact that his condition is having on any other family members.
BIS
I would absolutely use "Ian struggles." If you use "I struggle..." the non-medical person reading you rebuttal - will think that he is quite capable of writing it himself.
If you have the time I would also write a letter from yourself - saying what you have observed - keeping in mind the specific PIP criteria. It doesn't have to be long (one side of A4 will be enough). If you do a letter you may feel that you are just repeating the same information, but you can say how much help he needs and the impact that his condition is having on any other family members.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 9 months ago #278439 by libran1962
Replied by libran1962 on topic PIP Review Report help please
Dear BIS
Again many thanks for your invaluable advice
Currently trawling through it with difficulty as I myself am registered disabled with a rare condition… will get there!
Kind regards
S
Again many thanks for your invaluable advice
Currently trawling through it with difficulty as I myself am registered disabled with a rare condition… will get there!
Kind regards
S
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