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pip tribunal

nannydebbienannydebbie Member Posts: 47 Connected
hi iv had my letter stating that they have received my request to appeal against there decision on my pip i got 10 points for mob which i was pleased with but only 6 on care in the assessor's report she stated i could manage toilet needs with aids but decision maker wont budge since having report iv now had a grab bar fitted in bathroom to help me on of toilet do i mention this when i fill in paper work for appeal also the assessor lied stating i dont use incontinence  pads i told her i only wear them when im out do i mention all this in appeal much help appreciated 

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi nannydebbie,

    I'm not sure if you're at mandatory reconsideration request or if you've already had a mandatory reconsideration notice and you've appealed. In any case it's always useful to correct the assessor's report, explain where it is wrong and give any evidence for your corrections.

    The decision maker (at the DWP) or the tribunal will look at the facts at the date of the decision you're appealing against. However, you should tell them anything relevant, so you could mention the grab rails, & point out any errors in the assessor's report.

    Your ability should be looked at taking into account any aid or appliance you normally use or can reasonably be expected to use. There's a case which says incontinence pads are an aid or appliance.

    The activity should look at your ability to get off an unadapted toilet and clean yourself afterwards - even if you used pads all the time, you might still need help with that.

    It sounds as if you would need to score points in other activities too to get enough for the daily living component. You might find this site helpful - it looks at all the activities and tells you what PIP cases already exist about each one.

    If you can get a welfare rights adviser to help you, that's always useful - your local CAB might be able to help.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • nannydebbienannydebbie Member Posts: 47 Connected
    thanks for reply i already done a MR but still refused 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello nannydebbie

    Have you lodged your appeal? As you only have 1 month from the date of the PIP decision to lodge the appeal. It is also worth mentioning that when you challenge a PIP decision, the whole of the award can be looked at again.  This means that a tribunal (who will decide your case) can decide to increase your award to include daily living, keep it at the same rate or reduce your award, that is take mobility away.  It is rare for this to occur, but it is something to be aware of.  

    Is it also right that the assessor said you 'could manage toilet needs with aids' or was it that you couldn't manage? 

    If there is a problem with getting on/off the toilet this should be mentioned in your appeal.  It may also be saying why you have  this problem e.g. pain and stiffness in knees and back because of arthritis. 

    Also, did you put the grab rails in the toilet or did someone for example an Occupational Therapist (OT) recommend this? I only ask as the OT report may also be useful evidence to support your appeal. I would put down that you have  rails around your toilet.  Although the grab rails have been installed after the PIP decision, if your need for them was present prior to the PIP decision being made then a tribunal can view the installation of the rails as relevant evidence. 

    In regard to the pads, the assessment is about what you need for the majority of time not all the time.  If you find that you can still have accidents at home, then as my colleague Will said it is arguable that you reasonably need pads for the majority of the time. As such, it is worth mentioning in your appeal that you use aids, and that the assessor made a mistake on the form. 

    As Will said it is useful to seek advice about an appeal, but do not delay putting in your appeal till after any deadline to get advice. The Tribunal service who deal with your appeal papers will accept any furtehr evidence or information up to 7 days before an appeal hearing date, so you can always give additional information after the appeal is lodged. 

    Regards

    Maria




    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • nannydebbienannydebbie Member Posts: 47 Connected
    hi there Maria iv sent forms of for appeal but reading through assessors report it stated i use a commode which i do but was not scored the 2 points for this i called dwp this morning and asked for a call back from a case manager as even when i went for a MR  this was still not accounted for a nice lady called me back gave her the details stating why i was going to appeal against there decision she said give me 5 mins was going too read my report came back and said yes i should have had those 2 points she then said she going to speak to the decision maker stating things add been missed out on scoring the points she said hopefully i should be awarded this along with using incontinence pads are classed as a aid told me not to cancel tribunal yet she will get back to me with in a week so fingers crossed 

  • wildlifewildlife Member Posts: 1,316 Pioneering
    @nannydebbie, Let's hope you get the 2 more points you need for the standard rate. Points you should have got in the first place. I understand that is all you're asking for so you should not have even had to apply to go to a Tribunal. But you are on the right track now. 
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