Withdrawing PIP claim and starting again?

Hi Mitch

Stop apologising for asking questions. That's what we're here for. We may not always be able to answer - but that shouldn't stop you from asking.

Ring the DWP and ask them if you can withdraw it. They may say you have to wait until the decision comes out - but I doubt it. Be aware that when your colleague applies again - which they can do immediately - the DWP will be aware that an application has been put in before. It doesn't matter - but you just want to be aware there is a record.

BIS

Hi Mitch,
It is likely that DWP will refer to a previous claim and simply refuse the new claim. OK so the initial application was poor. That doesn't necessarily mean you need to start again. You can send a Mandatory Reconsideration letter. Basically its just a letter asking for a review, but you need to head with Mandatory Reconsideration to make it clear.

If you send in the MR letter and are successful, you will get backdated money from date if this claim. If you reclaim, apart from the distinct possibility of refusal simply because you were refused before you won't get money backdatedbeyond the date if the second claim, if you do eventually succeed.

Write the letter and and say that you have taken advice and realise that the claim form has missed things out. Perhaps this was because you failed to remember or became confused due to the health condition/s you have. If so say so.

Then go through each descriptor. Perform an analysis- use the guides from our website to help - Look at eachvdescriotor set
can you do any of the activities?
Can you perform the activity to an acceptable standard, (this could include significant pain) is there a risk of harm to you or another- this could be an everyday risk of cutting yourself whilst peeling vegetables, or a more uncommon chance of eg having an epileptic fit in the bath tub. (Unpredictable fits that seldom occur can be sufficient to show a risk of harm.)
Can you dovthe task on a reasonable time? This is more than twice the time of a non disabled person. Finally can you repeat the task across the whole day as many times as required. Consider fatigue, pain etc as a reason for non repetition.
Consider the above 4 criteria over the majority days. Remember that if you can't repeat across the day then it will count towards the majority of days.
Basically you might wish to cook and prepare food 3 or 4 times, toilet needs might occur 10 times per day maybe more if incontinent, each activity will have a different number of reasonably required repeats.
If you do the activity with help from some sort of gadget (Aid/appliance) does this let you fulfil all 4 criteria?
Why do you need the help?
If an aid or person isn't sufficient, why ?
This kind of analysis should help you work out which descriptor is correct from each set. Some overlap. If two or more apply equally for the majority of days then the highest value should be awarded.
Give examples of what goes wrong when you attempt the activity, and of course the help you need etc.
Write this in your letter, and if you wish you can write an opening paragraph giving an overview of your health, diagnoses, surgery etc.
You can if need be criticise the assessment. Just make four or five bullet points of the major criticisms, rather go through every minute detail. You can always refer back to something specific when discussing the individual descriptors if you need to.
Phone DWP when you get the decision and ask for a copy of the assessment report (PA4) this may help show where you went wrong!
This may give you a chance to succeed or you may have to go to appeal, but it is worth it, to get your money backdated to this claim.
Wait until you get the decision, get the PA4 and then send in your MR letter. You have a month, but this can be extended if you have good reason for 13 months.
However do it sooner rather than later as it becomes harder to justify.
I hope this helps.
Have a lovely Christmas.
LL26

M

MR success rates have improved, 57% sounds high if pushed I would say 35% at best but remember, this is a statistic, you cannot apply it to the individual.

If you have a diagnosis for a condition that you were suffering from when assessed then you can include it in the MR.

A new or worsened condition, since the MR, cannot be considered and you would need to report it as a Change, providing the Change is likely to result in a higher award. If it won't then you should carefully consider whether to notify the DWP as doing so will almost certainly result in a new assessment being done.

Gordon