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PIP review how to report changes after appeal award

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1 year 8 months ago #279875 by SallyT
I have 2 questions:
1. My enhanced award was given on appeal after the medical assessment awarded me almost no points. For some activities the position now is still in accordance with the tribunal award ( and my original evidence) rather than the medical assessment which the appeal overturned. On the PIP review form how do I ensure that the DWP decision maker infers from my saying the position is still the same, that I intend to refer to the position and points as found on appeal?
2. For other activities, the position is the same or similar to before (which I felt justified points) but I was not awarded any by the assessment or the tribunal. How do I deal with these on the form? Is there any point in describing any difficulties at all?
Any assistance greatly appreciated. Thank you

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1 year 8 months ago #279880 by Gary
Hi Sally T

1) If your condition has not changed from the Tribunal then I would state that on the review form and enclose a copy of the Tribunal Decision Notice.

2) 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.

Have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 8 months ago #279904 by SallyT
Thank you. I hadn't thought of attaching the Tribunal decision notice. If I do as you suggest where there are no changes do I still need to fill in the section " Tell us how you manage this now including any aids" or just leave that blank?

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1 year 8 months ago #279906 by Gary
Hi SallyT

You need to fill in the review form as if it was a new claim, remember the assessor will probably not have assessed your original claim or even read your original claim.

If you kept a copy of your original claim then use that as a template.

It is perfectly OK for you to type your answers and attach them as extra pages to the form, just make sure that each page has your full name and NIN at the top and that they are numbered, we recommend "page X of Y" so that it is easy to see if pages are missing. Make sure you clearly mark on the form where your answers are and on the relevant page that you are answering question X.

I would not split your answers across the form and attached pages, do one or the other for each activity (not question), splitting it risks the second part of your answer not being read.

Attach the pages to the back of the form using a staple or make a hole in the top left corner and use a treasury tag, string or ribbon to the form. The pages need to be easily detached so that they can be scanned by the DWP.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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