need help with pip reconsideration

beaucole12

please could you help me I've been on pip for 3 years since getting poorly I have dystonia which has left me with disabilities and brain surgery I now had it taken off me scoring no points 

CockneyRebel

Unfortunately we see similar stories on the forums far too often

If you can you should get help from CAB or any charity that supports your condition

If you haven't done so you should ask for a copy of the assessment report asap. You will need this to identify the areas that you need to challenge

For now you need to concetrate on showing that you meet the descriptors for an award.

Although it is important to address any issues with the assessment report or HCP, this should be done as a separate complaint to the assesment provider. It can be beneficial to mention that you are making a formal complaint

Most HCP' and DM's don't take into account the reliability factors and make their decisions on a snap shot of your life, how you were at the time.

To complete any of the descriptors you need to do so Safely, Repeatedly, In a timely manner and to an acceptable standard.

For example : If you can walk 20 - 50 metres but you can't repeat it straight away and you need to rest for some time before you can do so again then you cannot be said to complete that descriptor. Or if it takes you twice as long as an able bodied person you cannot complete the descriptor
Dressing and undressing : If your medication takes some hours to work in the morning and you cannot dress without assisstance because of this then this needs to be taken into account

Go through each descriptor one at a time and see how these factors may apply
You should look at each activity and break it down into sections and apply the reliability factors to each section

For example Preparing food

Can you do so ?  ( safely, realiably, to an acceptable standard and in a timely manner )
If not, why not ?
What is it about your condition that stops you doing so ?
Can you do so if you have help or and aid ?
What happens if you don't have help or an aid 

Do this for each descriptor for your MR

There is a template that you can used for the MR

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF

and some additional information

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683381/how-to-disagree-with-a-decision-made-by-dwp.PDF

You have a month from the date on your decision letter to request an MR. You can do this by letter or phone. Be very aware of this date, do not miss the deadline. If you are waiting for further evidence, then you can ask that the decision is not made until you have submitted this. They may or may not do so.

If you haven't asked for the report until now, it is unlikely to arrive before this date so make it clear that you will be sending further evidence and that they should wait before carrying out the MR until it is received.

If you can get further relevant evidence you  should submit this but it is not essential. Often, it is not your evidence that is the problem but the way it is read ( or not )

MR's can often take 8 weeks or more but may also be done very quickly and before your new evidence is received. If this happens you can ask for the decision to be looked at again taking into account your new evidence.

MR's have a low rate of success at present but this stage has to be completed in order to advance to the appeal tribunal.

There is lots of good info on this site about appeals so please have a look around

CR

beaucole12

thanks