- Posts: 4
× Members
Appeal PIP
- despair
- Topic Author
- Offline
Less More
9 years 8 months ago #139469 by despair
Appeal PIP was created by despair
hi
I'm appealing my PIP as there was no positive response from DWP on Mandatory Reconsideration . I am told that a hearing is due to be listed but the DWP have not made a submission to the Tribunal as to why I should not be awarded the points. Please note I was on DLA Enhanced Mobility and medium care and was switched over to PIP claim. I have only been awarded standard mobility and care . My McMillan Representative has said I should have been awarded the extra points for mobility enhanced rate and in fact extra for care in light of my medical evidence and how my conditions affect my daily living
I'm appealing my PIP as there was no positive response from DWP on Mandatory Reconsideration . I am told that a hearing is due to be listed but the DWP have not made a submission to the Tribunal as to why I should not be awarded the points. Please note I was on DLA Enhanced Mobility and medium care and was switched over to PIP claim. I have only been awarded standard mobility and care . My McMillan Representative has said I should have been awarded the extra points for mobility enhanced rate and in fact extra for care in light of my medical evidence and how my conditions affect my daily living
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
9 years 8 months ago #139475 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal PIP
Despair
Welcome to the forum.
You don't say when you made the appeal?
The DWP normally have one month from the date they receive notification of your appeal to prepare and submit their case to the Tribunal Service, if they have not met this deadline then the Tribunal Service will write to them requiring them to make a submission.
I cannot comment on your award based on the information that you have posted, but you need to be aware that PIP was created with the deliberate intention of reducing the disability budget by 20%, this is particularly the case for Mobility, so I am afraid many claimants will receive reduced awards on transfer,
Also, a Tribunal re-makes the original Decision, so you need to be aware that they can reduce or even remove an existing award, although they should warn you in advance if this is a possibility so that you can withdraw your appeal.
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;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
If we can help you further then please reply to this post and we will do our best to help, however, as you already appear to have assistance from your Macmillan Nurse, they should be your primary source of advice as they will have access to your papers which we do not.
Gordon
Welcome to the forum.
You don't say when you made the appeal?
The DWP normally have one month from the date they receive notification of your appeal to prepare and submit their case to the Tribunal Service, if they have not met this deadline then the Tribunal Service will write to them requiring them to make a submission.
I cannot comment on your award based on the information that you have posted, but you need to be aware that PIP was created with the deliberate intention of reducing the disability budget by 20%, this is particularly the case for Mobility, so I am afraid many claimants will receive reduced awards on transfer,
Also, a Tribunal re-makes the original Decision, so you need to be aware that they can reduce or even remove an existing award, although they should warn you in advance if this is a possibility so that you can withdraw your appeal.
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;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
If we can help you further then please reply to this post and we will do our best to help, however, as you already appear to have assistance from your Macmillan Nurse, they should be your primary source of advice as they will have access to your papers which we do not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David