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PIP review, disallowance, reconsideration, appeal
- tkb
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9 years 7 months ago #141440 by tkb
PIP review, disallowance, reconsideration, appeal was created by tkb
Hello,
My husband was awarded PIP at the higher care and mobility rates last year after an initial disallowance which we won on reconsideration. He has suffered some deep brain damage after a series of TA (mini strokes) and although he can walk and talk, his motor skills are poor and his memory really affected. He is still able to drive although he has had to switch to an automatic. We were sent a form for review in July and, without asking for the latest medical information,since April 2014 when we won the reconsideration, DWP have disallowed PIP totally from 12/2/14, the date of the original disallowance. There is no mention anywhere in the decision of the evidence provided for the original reconsideration which was accepted in April 2014. The decision maker (reconsideration Sept 2015) states that he has used the most suitable evidence to make the decision but, as I say, he has not and neither has Capita, asked for the latest reports from the hospital and doctor. He also seems to have ignored everything we stated on the form in favour of a very short (45 minute) face to face assessment by the health professional. I would be grateful for any advice, especially on how to word the appeal.
My husband was awarded PIP at the higher care and mobility rates last year after an initial disallowance which we won on reconsideration. He has suffered some deep brain damage after a series of TA (mini strokes) and although he can walk and talk, his motor skills are poor and his memory really affected. He is still able to drive although he has had to switch to an automatic. We were sent a form for review in July and, without asking for the latest medical information,since April 2014 when we won the reconsideration, DWP have disallowed PIP totally from 12/2/14, the date of the original disallowance. There is no mention anywhere in the decision of the evidence provided for the original reconsideration which was accepted in April 2014. The decision maker (reconsideration Sept 2015) states that he has used the most suitable evidence to make the decision but, as I say, he has not and neither has Capita, asked for the latest reports from the hospital and doctor. He also seems to have ignored everything we stated on the form in favour of a very short (45 minute) face to face assessment by the health professional. I would be grateful for any advice, especially on how to word the appeal.
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- Gordon
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9 years 7 months ago #141461 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP review, disallowance, reconsideration, appeal
tkb
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Have a look at our PIP Appeal guide on the following link
www.benefitsandwork.co.uk/help-for-claimants/pip
It explains the process, has links to the form you need to complete in order to lodge an appeal and explains how to complete it.
You might also want to have a look at our PIP Claim guide to make sure that you have fully understood the criteria against which your husband is being assessed and the best way to explain his problems .
You should write to the DWP asking for an explanation of why the award has been removed from last year given that an MR of that Decision made an award.
The DWP and the Assessment Provider are not specifically required to seek further information from the claimants doctors, if you relied on them doing this then it may well be a contributing factor to the Decision.
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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.
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.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Have a look at our PIP Appeal guide on the following link
www.benefitsandwork.co.uk/help-for-claimants/pip
It explains the process, has links to the form you need to complete in order to lodge an appeal and explains how to complete it.
You might also want to have a look at our PIP Claim guide to make sure that you have fully understood the criteria against which your husband is being assessed and the best way to explain his problems .
You should write to the DWP asking for an explanation of why the award has been removed from last year given that an MR of that Decision made an award.
The DWP and the Assessment Provider are not specifically required to seek further information from the claimants doctors, if you relied on them doing this then it may well be a contributing factor to the Decision.
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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.
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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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