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Review of downgraded PIPS from High to Standard
- m3carlino@yahoo.com
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1 year 9 months ago #278446 by m3carlino@yahoo.com
Review of downgraded PIPS from High to Standard was created by m3carlino@yahoo.com
MAYBE HARD TO FIGHT THIS ONE ?
I got my PIPS reconsideration results and detailed reasons and explanations of why they gave those points.
It appears to use an expression shot myself in the foot. I was on Premium for mobility and standard for daily living now
on standard for both.
When I wrote detailed reasons as to why I thought I was entitled to extra points. They quoted from a visit in September when I visited Local Crisis team where I though psychiatrist was heaping praise on me and I think when I am face to face come across as stable rather than suicidal which I think was how I was feeling. He filled in a report. When questioned by CAPITA I made the mistake of TELLING THEM ABOUT THIS VISIT. WARNING to others. Careful what you share. This meeting was in Sept 2022. So in the reconsideration it said when you visited crisis time you said you enjoyed driving your car and you could manage your therapy. DWP did seem to be empathetic in their reconsideration but have not changed the award so my money has gone down from approx £505 to £345
and I thought arguing the opinion of a health professional at tribunal would be very hard and not worth the hassle or risk loosing what I am getting now. But it seems a hard pill to swallow.
1/ Do you agree with me about it been hard to argue against a health professional of someone I saw once about managing therapy. When I have previously said I can manage therapy. I got 2 points but explained that I have exercises to do as well
to avoid heart attack or stroke so this would take 1 hour a day 7 hours a week. Also got my Brother to write letter to say this to.
But they still would not increase from 2 points which may have given me the higher rate.
2/ Is there a special fund councils have to help people with cost of living in addition to the national amount paid out by government and how to find out whether it would help me.
Writing to know what you think as its about 2 weeks and had dismissed the idea of an appeal as think would be hard to move my money up at this time. Wanted to see if that was your conclusion. As I been getting this for 7 years it does seem like I have lost out big time at a time when money is tight.
At least I have got an award, so thanks for all your advice and the guides. One thing I would say is the DWP is treating managing treatments therapy as tablets only and not any other treatments advised by a Doctor such as exercise when you have a heart problem. Not sure why they doing this as that would have pushed me over the line.
THANK YOU IN ADVANCE
I got my PIPS reconsideration results and detailed reasons and explanations of why they gave those points.
It appears to use an expression shot myself in the foot. I was on Premium for mobility and standard for daily living now
on standard for both.
When I wrote detailed reasons as to why I thought I was entitled to extra points. They quoted from a visit in September when I visited Local Crisis team where I though psychiatrist was heaping praise on me and I think when I am face to face come across as stable rather than suicidal which I think was how I was feeling. He filled in a report. When questioned by CAPITA I made the mistake of TELLING THEM ABOUT THIS VISIT. WARNING to others. Careful what you share. This meeting was in Sept 2022. So in the reconsideration it said when you visited crisis time you said you enjoyed driving your car and you could manage your therapy. DWP did seem to be empathetic in their reconsideration but have not changed the award so my money has gone down from approx £505 to £345
and I thought arguing the opinion of a health professional at tribunal would be very hard and not worth the hassle or risk loosing what I am getting now. But it seems a hard pill to swallow.
1/ Do you agree with me about it been hard to argue against a health professional of someone I saw once about managing therapy. When I have previously said I can manage therapy. I got 2 points but explained that I have exercises to do as well
to avoid heart attack or stroke so this would take 1 hour a day 7 hours a week. Also got my Brother to write letter to say this to.
But they still would not increase from 2 points which may have given me the higher rate.
2/ Is there a special fund councils have to help people with cost of living in addition to the national amount paid out by government and how to find out whether it would help me.
Writing to know what you think as its about 2 weeks and had dismissed the idea of an appeal as think would be hard to move my money up at this time. Wanted to see if that was your conclusion. As I been getting this for 7 years it does seem like I have lost out big time at a time when money is tight.
At least I have got an award, so thanks for all your advice and the guides. One thing I would say is the DWP is treating managing treatments therapy as tablets only and not any other treatments advised by a Doctor such as exercise when you have a heart problem. Not sure why they doing this as that would have pushed me over the line.
THANK YOU IN ADVANCE
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- Gary
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1 year 9 months ago #278452 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Review of downgraded PIPS from High to Standard
Hi Carl77
This does happen quite frequently, we quite often inform members even though they may have an additional condition it does not mean that they will increase their award.
We cannot answer your question as only you know yourself, what I would advise you to do is get a copy of your 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 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, 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
This does happen quite frequently, we quite often inform members even though they may have an additional condition it does not mean that they will increase their award.
We cannot answer your question as only you know yourself, what I would advise you to do is get a copy of your 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 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, 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
The following user(s) said Thank You: davis, m3carlino@yahoo.com
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- davis
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1 year 8 months ago #279213 by davis
Replied by davis on topic Review of downgraded PIPS from High to Standard
Thank you as i did not know about the PA4 form i have just had mine back and its all assumptions i have a layers mind and have already picked most of it but i still can not grasp how a review can decide that your getting better so you lose part of the PIP benefit even though you said nothings changed then confused even more because they gave you high rate care and backdate it when before you got the lower then take away the full rate care you was getting and lower it all i got as a reason was not even half a page i can shred those assumptions but it would be better if i have exactly why they did it in more details as you said once you know that you can go through everything and explain in more detail
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- BIS
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1 year 8 months ago #279253 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Review of downgraded PIPS from High to Standard
Hi Davis
On page 131 of the Guide to PIP claims and reviews - there is an explanation of what can happen if you write 'no change' on your form. I don't know if this applies to you, but it might do. At the end of the day, it can be difficult to understand why the DWP makes certain decisions. Try not to fixate on what seems an illogical decision - try and work out how you can fight them to overcome it.
BIS
On page 131 of the Guide to PIP claims and reviews - there is an explanation of what can happen if you write 'no change' on your form. I don't know if this applies to you, but it might do. At the end of the day, it can be difficult to understand why the DWP makes certain decisions. Try not to fixate on what seems an illogical decision - try and work out how you can fight them to overcome it.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: davis
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