total confusion

chellex4 wrote: my other half has had health issues for a while now but a year ago it came to him going on sick from work duties ,, over the space of th next 6 month hes lost his job due to been unable to do the job , we applied for pip in may and just been turned down last week as our answers didnt match the form , things worsened over the months , yet in september he got a 0 points , yet in meantime he had a esa assessmant in october which give him 21 points , how can 1 assessor who came to a home visit at 9am say 0 points yet another says 21 points based on a 3pm appointment

I'm afraid ESA and PIP have different assessment criteria so it is possible that someone could successfully claim ESA and legally have no entitlement to PIP.

I see you joined in July, did you use our guides for the PIP claim?

You have two options going forward.

You can make a new claim for PIP immediately

and/or

you can appeal the Decision you have just received.

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 for details of the process and template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, even if you do not intend to make an appeal, 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

chellex4 wrote: i filled the forms in for my other half based on how it was then , he was assessed for pip from his bed but managed to get to esa assessment ,things have changed since we put forms in , n id already sent the forms off before i came acroos this site

Thanks for the additional information, whatever you decide to do get a copy of his PIP assessment report, this will indicate where the assessor and likely the Decision Maker felt that he failed to meet the criteria.

You can then go through it with our PIP Claim guide so that you understand whether he meets the criteria or not, you need to be literal with the criteria for each Activity and where there are multiple criteria, he needs to meet all of them to score points.

You should also have a look at the definition of reliably in the guide and consider the use of "on the majority of days". You should expect to score points for an Activity that cannot be performed reliably on the majority of days.

If you need help of have further questions then come back to the forum by replying to this post (you might want to bookmark it) and we will do our best to help.

Gordon

chellex4 wrote: i recieved the copy of the assessors report and i total in shock to what she has put on , 30%truth 70% lies , so annoyed to what was put to the decission maker even tho some of the truths are decided that certain things can be done by him when clearly its a daily struggle

ive done a letter of mandatory reconsideration do i need to correct the points and wording on the PA4 at this time

You don't need to go into detail when making the request but if you do not then you need to make it clear on the request that you will be sending in further information later, they should give you four weeks to do this, but if you can send it sooner then that would be better.

There are template letters you can use for the request in the PIP section.

www.benefitsandwork.co.uk/help-for-claimants/pip

Gordon