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PIP claim denied after review

Commanded2bwell

I've just had my PIP withdrawn after a telephone interview review. I scored 6 points! That's less than half what I scored in my first review.

I'm going to do mandatory reconsideration but I'm so stressed out right now I don't think I'm thinking right. I'm just getting over the flu as well and can't even talk, yet, so no phone calls. According to citizens advice I have to download a form and write a detailed response and post it within a month of the date.

The date on the letter is the 21st January and I only just got it, this morning, on the 28th!

I'm losing it now. Not well enough to face this. How did they get it down to 6 points?

What's the best approach to this?

I think I have my last review letter. Do I use that for comparison? How do I structure this response?

Do I still get paid while they're reconsidering?

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Comments

OverlyAnxious

Hi,

I'm afraid you won't get any more PIP payments now.

You can download the MR form or just write it like a letter. Both will be accepted.

You can use the previous review report though that's not the best evidence as health & abilities change over time. The best way to structure the letter is to explain why you believe you should have been awarded more points for each descriptor that you disagree with. Ideally adding in a recent real world situation as proof.

Commanded2bwell

I've just tried using the Benefits and Work PIP appeal outline creator (free). Seems useful. It's given me an overview of where I disagree with the assessor and insight into how this review is different compared to the last one (which I passed).

https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals

poppy123456

You can use this form here or just write a letter.

https://assets.publishing.service.gov.uk/media/656088523d7741000d420162/if-you-disagree-with-a-decision-made-by-dwp.pdf

You have 13 months to request the MR. If you're outside of the first month you will need to give a reason why you didn't request it within that time. If they refuse you can proceed to Tribunal.

For the MR you need to state where and why you think you should have scored those points. When you filled out the form did you give as much relevant information as possible? or did you just write no change and no further information?

If you didn't give a couple of real world examples of exactly what happened the last time you attempted each descriptor that applies to you then you should do that now. Adding detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were.

Please also be aware that your PIP stopping could also affect any other benefits you maybe claiming. If someone claims carers allowance or carers element of UC for looking after you then those will also stop.

carbow32

Please fight this. They did this to me and I did not have the strength to fight it.

Commanded2bwell

https://forum.scope.org.uk/discussion/comment/975244#Comment_975244

Thanks, Poppy. This was a telephone review with Maximus. Looking at the results and thinking about how the questions were framed, I can see that I was only ever asked very simple versions of the questions and never asked for any context. For example, can you cook? Answer, yes. But no question about how you cook, what you need, what help you need, what circumstances or situations you can't cook under, etc. This was all on the original application form, but the assessor didn't get into any of this over the phone. And yet they kept me talking a lot so I felt like information was getting across. But in hindsight, I was asked simple and very broad questions and not asked for details.

poppy123456

The time to tell them everything was when you fill out the form. Your aim should always be to have that paper based assessment and to provide as much relevant information as possible. When you do that, if an assessment is needed then they will have most of the information they need.

Answering those questions with just a yes or no, is never helpful because they can come to all sorts of conclusions. You answer the cooking question with a yes, so that's really all they needed to know and no further questions were needed.

Commanded2bwell

I've received a text message saying they've got my MR request and saying it will be 15 weeks to process.

The first letter I received was the result of the phone assessment and it stated that my PIP would be stopped on the date of the letter, but I still received that month's PIP payment a week later.

So, does this mean I will continue to be paid while the MR is reviewed? Or will future payments be stopped until the MR is reviewed?

poppy123456

No, your payments will not continue because there's no award in place for it to continue. That last payment you received would have been your final payment.