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Should I appeal my PIP decision?

grundyhe

I need some advice. I got my decision today and I only received 2 points. I am very upset as I have been diagnosed with nerve damage in my neck and shoulder from cancer treatment and am on a lot of pain medications prescribed by a pain management consultant all of which cause me side effects and dont really help with the pain. I am unable to wash my hair and cannot get in and out of a bath, I have problems doing most things. I still work full time and its a struggle and I applied for PIP so I could afford to reduce my hours as I have no partner. I feel like all my medical evidence has been ignored. I am so upset. Is there any point in appealing?

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poppy123456

Hi,

PIP isn't about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. People do successfully claim PIP and work but if the work you do contradicts the reasons you're claiming PIP then this can go against you.

You now have 1 month from the date of the decision to request the Mandatory Reconsideration (MR) You should put this in writing stating where you think you should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

Do be aware that only 18% of MR decisions change so it's very likely you'll have to take it to Tribunal. Waiting times for hearing are huge across most of the country and you could be waiting at least a year from the date you request the Tribunal. Add this onto the MR requesting waiting times and it could be in excess of 1 year.

Having some understanding of the PIP descriptors and what they mean always helps. I'd advise you to have a read of this link and it will help you. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Face to face advice and support will also be helpful too. This link will help you find what agency is local to you. https://advicelocal.uk/

Chloe_Alumni

Hi @grundyhe, I'm very sorry to hear this and I can see why you'd be very upset by this. Did you ever request a copy of your report? This can be done by ringing DWP and could show you if the report is a true representation of your current situation.

Many people appeal and go from no points at all to an award, so there is still the chance you are entitled to it.

Here is some information about the appeal process that you may find helpful. You have a month from receiving the decision to submitting an appeal.

Many of our members have been through this process so please do feel free to ask questions and keep us updated.

grundyhe

Many thanks for your replies. I am waiting for the decision letter as I called today as it's been 7 months since I made my claim. My assessment was very poor and she misread a scan report and thought I had ovarian cancer which I dont and when I corrected her she became unpleasant. She also laughed at the fact I have pelvic floor dysfunction after bowel surgery and made a reference to anne summers sex toys. She was very strange and I left feeling distressed. She seemed very uninterested in listening to how my medical conditions affect me day to day. I work full time but my employer is very good and I do not have to do any physical stuff but i am in permanent pain so working full time is hard and getting harder. I am so upset as feel my claim was fair and would help me stay in work. I feel people do not understand how much nerve damage affects a person. Look healthy but how I feel is a different matter. I had a very good letter from my GP with all my medical conditions. Should I get one from them outlining what activities I struggle with. I have many letters but now I feel I need more proof. I am just so confused by what to do next.

poppy123456

Letters from a GP aren't the best evidence to send because a GP will very rarely know exactly how your conditions affect you. They will only know the basics. If they know anything more than this then it could be classed as patient lead.

Letters from Consultants at the pain clinic maybe useful. If you have any aids/adaptions at home installed by an Occupational Therapist, evidence of these will also be useful.

Other than that the best thing is those real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

Future appointment letters aren't classed as evidence.

Joanne_Alumni

Hi @grundyhe,

I am sorry to hear that you had such a distressing time at your assessment.
You can complain about the way the Health Professional assessed you.This is different to appealing the outcome of the benefit claim.
The contact number to do this will depend on whether it was carried out by IAS (formerly ATOS) or by Capita.
It certainly sounds like you were made to feel uncomfortable.
The complaint should not affect the outcome of the claim for PIP. Let us know if you would like more information about this.
Unfortunately @poppy123456 is right that very few decisions are changed at the MR stage. It is usually worth pursuing claims to appeal though. Approx 70% of appeals are successful.

grundyhe

thanks everyone and I am going to be careful making my MR and address each point I feel was not assessed properly and I am going to ask my pain consultant for a letter regarding the activities I have problems with. I do use some aids like a grab rail in the bathroom and I did tell the assessor. I think the thing that bothers me the most is that I am so embarrassed by all of this as before cancer I had no problems. I feel like they dont believe me and I find that hard to accept because I just couldnt lie about all of this and its not as if I am asking for a huge amount of money. I have had a good cry today but am now going to keep going. I am not going to be treated in such an unfair way.

Seanchai

So sorry to hear you were treated in such a way grundyhe....i await my decision as i had my assessment 5 weeks ago on monday . My face to face assessment lady was really nice so i cannot say anything about her manner at all. That does not mean i will not challenge her assessment if needs be .
I hope you go ahead with your MR and your appeal ....good luck and please keep us posted on the outcome.

Aura

Sounds like the assessor was a nasty piece of work, especially mentioning Ann Summers. I'm waiting for my decision.

pollyanna1052

Hi, it is way out of order the way she spoke to you.
My f2f at home was on Thursday. She was pleasant, professional and kept to the point.
I have no idea which way it went.
I`m not requesting a copy of the report. I dont see the point of getting something I may disagree with, when there`s nothing I can do, but fret about it.
If I dont get what I believe I am entitled to, I will be doing an MR. We have a month to do that, so why get all het up for weeks?
Hope you get the right result.xx

grundyhe

I am only asking for my report now I have seen how unfair the assessor was. If it had gone well I wouldnt have needed it. I really hope yours goes well xxx

Swordfish

I saw a young lady from CAB Friday about my appeal, then Tribunal.
Pointless mentioning that the assessment was a farce, when I'm too old (****) for the mobility component. I spent an hour on Saturday trying to get through the the DWP debts department to pay overpayments....got through to pensions.....same telephone numbers.. I'll try again tomorrow ?

poppy123456

Swordfish said:

I saw a young lady from CAB yesterday about my appeal, then Tribunal.
Pointless mentioning that the assessment was a farce, when I'm too old (****) for the mobility component. I spent an hour on Saturday trying to get through the the DWP debts department, I'll try again tomorrow ?

Were you transferring from DLA or was it a PIP review and you weren't previously claiming the mobility part?

If you were transferring from DLA then you can definitely claim for the mobility part this time.

If it was a review on an existing PIP claim and you were claiming the mobility part then you won't be able to claim for that now.