Few questions regarding PIP Appeal

Hi JK2019

When doing an online appeal, it is advisable to complete a submission first.

This sets out what you are appealing against and why.

You do need a copy of the assessors report, if you have not already asked for a copy as you need to state what you are appealing against and why.

Just make sure that you read the Descriptors that you are being assessed against and then follow the formula in the PIP Claim guide. benefitsandwork.co.uk/guides-for-claimants/pip

1. What is the health condition and what are the symptoms that cause you problems with the Descriptor.

2. Describe the problems you have, giving details and examples if you can.

3. If you use any aids or appliances, list them and explain why you use them.

4. If you need physical help, supervision or prompting, whether you actually get it or not, explain what you need and why you need it, including if you need help when using aids or appliances. If you can’t manage even with help from another person and have to have everything done for you, say so.

5. Say when during the day or night you have problems. For example, is it all the time, mostly in the morning or just in the evening?

6. If your condition varies, from day to day or week to week, try to explain how much it varies and what problems you have when you are at your best, worst and average.

Gary

Hi JK2019,

The online appeal form is useful as it will be received directly you submit it, and if you leave your phone number or email you will get confirmation within a few hours or sometimes immediately, depending what time of day you submit.
However, you are right there's not much space in the appeal box, and worse still, if you write too much it comes out as one big long paragraph with no gaps, so very hard to read.

What I generally do is to type a separate page as 'Personal Independence Payment Grounds of Appeal' with your name and NI number on all pages.

OK so DWP award a few points, but perhaps not enough on each descriptor or perhaps they have ignored other descriptors.
Firstly just have a real think - are DWP MR points correct? ( I am playing Devil's Advocate here for a moment, because I don't want you to waste time and effort onto a lost cause if you really can't win.)
Re-reading the B&W Guides can help here.
Think about your disabilities cricitically
What help/aids do you need to have/use? Why do you need the help etc? What happens if the help etc isn't available?
There are 4 criteria that must be satisfied. (All 4!)
Am I safe- is there a risk I might get hurt - cutting or burning myself whilst doing food prep, falling over, not hearing a fire alarm, wandering off alone in a panicked state etc might all suggest PIP activities are not safely done. (These are just a few examples.)
Do I do the PIP activity in a reasonable time? This is more than twice a non disabled person would take.
Do I achieve an acceptable standard? Basically do I do the activity properly, what woukd other people think - do I make a mess, maybe I cause a slip hazard if cooking, consider breathlessness, fatigue and pain, if the activity provokes these or similar health problems then it is NOT acceptable.
Can I repeat the activity as many times as reasonably required throughout the whole day? Cooking a meal could be 3 or 4 times? Eating and drinking perhaps more. Toileting could be several times a day if you have incontinence- which may dovetail which having to dress/undress. But eg unless you have increased needs taking a bath is only likely to be once a day. Communiv could of course be 24/7.
Unless it is only a very trivial amount of the day you fail to repeat. If you can't repeat the activity being safe, timely and acceptable, for the whole day then you should gain points. ( Be aware that pain or fatigue might be the reason you can't repeat.)
You only need to show you can't fulfil all 4 criteria for the majority of days, so having one or two better days every now and again won't prevent points.

What exactly does DWP say? Familiar 'excuses' for not awarding PIP are -
he can drive therefore he can do X Y Z.
Or only on basic medications
Or hasn't seen GP for years hence not serious condition
These stock excuses can easily be challenged
Driving- see the post I made at the beginning of this forum
www.benefitsandwork.co.uk/kunena/10-dla-...8543-pip-and-driving
Maybe you are on basic meds- then state it's because you have allergies or due to side effects etc
As for not seeing a GP - we all know how difficult getting an appointment is - sometimes you don't need to keep visiting a doctor, the pills help, and there's no more to be done.
You can counter DWP in the same way for other reasons.
If the report is wrong say so, again, Assessor's often misreport or misunderstand things!
What did you really say? Or if you accept what's said, why did you say it eg got confused, didn't understand the question etc.
Sometimes the Assessors are listening and write down everything correctly, but just come to inconsistent conclusions!
Whatever is wrong with the report condense it down to 4 or 5 bullet points for the major criticisms. Think of examples. No need to say everything that's wrong.
Now you can write your appeal!
Start off your grounds of appeal explaining in a sentence why you are appealing. Here's an example -
I'm appealing because eg I should be eligible to receive at least the standard rate of daily living and standard rate of mobility.
Then briefly explain you claimed on [ X date] and DWP awarded nil points then at MR awarded X points.
Then a paragraph or two about your illness etc and an overview of what's happened.
Then put down your bullet point criticisms and examples.
Finally you can go through each descriptor and say why the points value is wrong (or that you agree.)
You can specifically criticise the Assessor here - eg 'the assessor clearly misunderstood what I said here, he has recorded that I go to the park 4 times a day, I only go 4 times a year'
It is ok to put the points value.
Refer to any medical reports you have as appropriate.
Just conclude with the points value and the level of benefit you should have got.
Upload the document with med reports etc or statements from carers/family.

I'm not sure if this is a first claim as I noticed the word 'initial review'. The above lettef idea applies equally to first claims and existing claims that are then reviewed and reduced. However if the appeal concerns an existing claim then it is for DWP to prove that there has been a change of circumstances- a real one where you have had better health, not just an optimistic Assessor! If this is the case it is important to set out what award you had before and that nothing has changed, or alternatively your health is now worse.
I hope this helps.
Good luck.
Let us know how you get on.

LL26.

Hi JK2019,
I forgot to mention that there is a box to tick as to the type of hearing. Explain your problem and choose what you would like. You could also add this as a final paragraph in the grounds of appeal, or the any other information box too.
LL26
Ps there is no right or wrong way to do your grounds of appeal, and it's possible to add something later in a fresh document if you need to.
Good luck