PIP appeals

Hi CFremont

I think I can see a couple of potential issues for the DWP. Please don't think I am in any way being critical - just being Devil's advocate for a moment so you understand the arguments you may have to overcome.

Has your partner been diagnosed with a specific mental health condition? If he has, then it is easier to argue that he needs support when going out. If he hasn't been diagnosed with a specific mental health condition and his anxiety, nervousness and overwhelm stem from his heart condition and subsequent surgery, then you will need to argue slightly differently and talk about any safety issues the importance of having support in case of any incidents. I suspect at the moment, they may be thinking that he's had the surgery and he's making a choice not to go out alone. They are already trying to argue that if your partner offers you mental health support - then either he cannot fulfil his caring duties - in which case his carer's allowance could be at risk - or he does not have the need you say he does.

I had a friend in exactly the same position as you, and they argued that the support they offered as a carer was entirely different from their own mental health problems and subsequent needs. They didn't have to go for an MR, but it was something that came up during the PIP assessment of the carer. They were still awarded enhanced care and mobility. On the other hand, I do know that several members of Benefits & Work have lost their carer's allowance because the DWP said they could not fulfil the carer's role if they were as ill as they described.

You say that your partner can't plan a journey - but you need to make it clear why that is. Planning is separate from actually being able to take the journey. So you'll need to say why he can't do it. I imagine, again, they are going to use the carer's argument.

They are supposed to ring and explain why he was refused the MR. You could always ring and ask them to set up the call because it will make it easier to plan an appeal if you decide to put one in, knowing in detail what they are using to justify their argument.

The majority of claimants who challenge their PIP awards do not win MRs, but the majority win appeals - mainly because Tribunal panels have people with more knowledge of health conditions and are generally more understanding of the impact
Do what feels right for both of you, and if you think you should appeal and have the time and energy to do so - go for it.

BIS.

Hi CFremont

Usually you appeal with one month, I have on numerous occasions made out of time appeal, in which case you have up to 13 months, the latest I have put one in in is 12.5 months, we did have a very good reason.

I have not yet had an out of time appeal turned down, but you do need a good cause such as waiting for a report, mental health is another I frequently use as I deal with a lot of mental health clients, waiting for an appointment to see an adviser, that me in my day job, our waiting lists can be quite long at times.

Gary