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PIP Disallowed.
- David Muncaster
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1 day 4 hours ago #305724 by David Muncaster
PIP Disallowed. was created by David Muncaster
Hello All,
Well this is fun. I've just found out a few minutes ago that my PIP has been disallowed following a review.
This is despite me informing them of a change of circumstances last September.
Since my initial claim, my conditions have deteriorated dramatically. While initially for anxiety and depression, in 2023 I had at least two heart attacks and an Aortal Valve Replacement.
Since then I have developed what the GP and I believe is Fibro with a side helping of Psoriatic Arthritis thrown in, all of which I presented during my review call.
Since developing what are probably lifelong and debilitating conditions needless to say my mental health hasn't improved at all.
I've gone from being a keen fell-walker and occasional climber to barely being able to walk a mile, very slowly, with rests.
It took me about 40 minutes to walk a mile to the dentist. A good rest then a mile back - then off to bed for a sleep.
I feel like I've aged about 40 years overnight (I'm only 53) - my active life has been destroyed and now they pull this.
I haven't mentioned a Mandatory Consideration yet, but I have asked for a copy of the assessors report. I also have a recording of the assessment from which I intend to make a transcript.
Even though I was expecting this, it's still come as a bit of a shock. How I'm going to survive financially while all this is going on escapes me.
Please, does anyone have any advice?
David.
Well this is fun. I've just found out a few minutes ago that my PIP has been disallowed following a review.
This is despite me informing them of a change of circumstances last September.
Since my initial claim, my conditions have deteriorated dramatically. While initially for anxiety and depression, in 2023 I had at least two heart attacks and an Aortal Valve Replacement.
Since then I have developed what the GP and I believe is Fibro with a side helping of Psoriatic Arthritis thrown in, all of which I presented during my review call.
Since developing what are probably lifelong and debilitating conditions needless to say my mental health hasn't improved at all.
I've gone from being a keen fell-walker and occasional climber to barely being able to walk a mile, very slowly, with rests.
It took me about 40 minutes to walk a mile to the dentist. A good rest then a mile back - then off to bed for a sleep.
I feel like I've aged about 40 years overnight (I'm only 53) - my active life has been destroyed and now they pull this.
I haven't mentioned a Mandatory Consideration yet, but I have asked for a copy of the assessors report. I also have a recording of the assessment from which I intend to make a transcript.
Even though I was expecting this, it's still come as a bit of a shock. How I'm going to survive financially while all this is going on escapes me.
Please, does anyone have any advice?
David.
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- latetrain
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21 hours 58 minutes ago #305747 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic PIP Disallowed.
Hi Nex
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
When you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
When you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: David Muncaster
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- lesley
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21 hours 40 minutes ago #305748 by lesley
Replied by lesley on topic PIP Disallowed.
Do not give up. I am 77 and many years ago I had my D.L.A. (sorry I know it's a different benefit) stopped and was told I no longer qualified for it, so I went to Citizen's Advice Bureau. They sent me to a Law Centre and the advocate accompanied me to a tribunal and argued my case and I had my D.L.A. re-instated.
The following user(s) said Thank You: latetrain, David Muncaster
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- David Muncaster
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7 hours 4 minutes ago #305770 by David Muncaster
Replied by David Muncaster on topic PIP Disallowed.
Thanks Gary,
I also have a recording of the interview with the assessor - I'm working on getting a transcript produced.
If it's anything like the last assessment, I'll just colour the whole thing in. I dismantled every single statement they made.
My mental circumstances haven't changed since the last assessment when it was first awarded - and that took a tribunal.
Since then I've had two heart attacks, open heart surgery and developed Fibromyalgia and possible Psoiratic arthritis due to the physical shock to the system of the surgery. I can barely walk a mile, and that's with severe discomfort and several rests - a bit of change from the keen fell-walker I once was.
Wouldn't it be nice if the assessors were held accountable for the 'inaccuracies' in their reports.
Thanks again for the support. I have no doubt I'll be back.
David (aka, Nex).
I also have a recording of the interview with the assessor - I'm working on getting a transcript produced.
If it's anything like the last assessment, I'll just colour the whole thing in. I dismantled every single statement they made.
My mental circumstances haven't changed since the last assessment when it was first awarded - and that took a tribunal.
Since then I've had two heart attacks, open heart surgery and developed Fibromyalgia and possible Psoiratic arthritis due to the physical shock to the system of the surgery. I can barely walk a mile, and that's with severe discomfort and several rests - a bit of change from the keen fell-walker I once was.
Wouldn't it be nice if the assessors were held accountable for the 'inaccuracies' in their reports.
Thanks again for the support. I have no doubt I'll be back.
David (aka, Nex).
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- BIS
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2 hours 5 minutes ago #305797 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Disallowed.
Hi David
When you are doing your MR, stop saying that you can walk a mile! From the DWP's point of view, you have just excluded yourself from the mobility award as they must have said you can walk more than 200m. I know here that you said you walked it very slowly, but that is not going to be an issue for them.
When does your pain start? At what point do you have to rest? If you already have pain, and you are impeded immediately, that is the distance you should say you can walk. If you have been saying that you walked a mile in your form or in the assessment, you should say that you misunderstood what you were being asked. (which is true!) I also would question your reliability and safety issues - have a look at page 17 of the Guide to PIP Claims and Reviews.
Have a look at How to Challenge a PIP Medical Report.
BIS
When you are doing your MR, stop saying that you can walk a mile! From the DWP's point of view, you have just excluded yourself from the mobility award as they must have said you can walk more than 200m. I know here that you said you walked it very slowly, but that is not going to be an issue for them.
When does your pain start? At what point do you have to rest? If you already have pain, and you are impeded immediately, that is the distance you should say you can walk. If you have been saying that you walked a mile in your form or in the assessment, you should say that you misunderstood what you were being asked. (which is true!) I also would question your reliability and safety issues - have a look at page 17 of the Guide to PIP Claims and Reviews.
Have a look at How to Challenge a PIP Medical Report.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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