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1 year 9 months ago #278662 by Breacon
Help was created by Breacon
Hi All,

I would appreciate some advice/help, Pip are ringing me in the morning, as I rang the tribunal people, to start an appeal, they advised me to speak to pip first.

What I disagree with is, that I require assistance with dressing/undressing.
Preparing & cooking a meal.
Washing/bathing.

I scored 0 for cooking, as I can use a microwave.
2 for dressing/undressing.
2 for washing/ bathing.
I don't agree with there outcome, as I need physical assistance & not simply aids.
I have my own way of managing, but it seems you have to agree, to what aids they think you should have.
It states I have manual dexterity, so can manage my own medication, i use a knife to take pills out of foil wrapper etc, but due to cutting myself, family put all meds in a plastic dish for me. I actually stated i used a spoon to eat with, she has stated i can use ordinary cutlery, I know I will clam up, when they ring.
I require assistance with dressing ie shoes/ boots & socks. I feel a sock aid would course me more delays & strain my hands & shoulders even more, I can't get down to put socks & shoes on.
I wear loose clothing on top, & no underwear, if I have assistance, I can wear more fitted clothing & underwear.
I need assistance to get/in out of the shower, I hold onto my sister & use the handle on the shower door, I don't use a shower stool, as I'm not in the shower long.
How can I relay all this to them, when they ring.
Any advice would be much appreciated.

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1 year 9 months ago #278677 by Gary
Replied by Gary on topic Help
Hi Jaz

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

The reason why the tribunal informed you to contact DWP first is because you have to request a mandatory reconsideration before you can appeal a decision.

You need to contact the DWP and request 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 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

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1 year 9 months ago #278821 by Breacon
Replied by Breacon on topic Help
Thank you very much.
My case is already going to Tribunal.

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