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Challenging a decision

HelenT2

Hi
I have just received a letter from the DWP saying that I have been award PIP but for the lowest amount on the Personal Care element.While I am relieved that I have been awarded something I believe that the assessor has been selective in what she submitted.No mention of my mobility issues during the assessment.I experience extreme pain when sitting for long periods so this was written up as being able to stand for a long time (I did tell the assessor why I had to stand) and no mention of the self injury scars that are obvious on my arms.I was wondering if anyone has had a successful challenge on a decision and what things were ' overlooked' ? and then when challenged were put right.
Thanks

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HelenT2

Hi
I have just heard that I have been awarded the lower amount on PIP for personal care.While I am relieved that I have something I believe that the assessor overlooked certain aspects of my health.For example my back is extremely painful when I sit for long periods. I chose to stand for some of my assessment and perhaps in hindsight this was a mistake as she noted that I could stand for long periods despite me having told her that I had to stand due to extreme lower back pain when I sit for a long time.She also failed to notice the self injury on my arms and it was noted that I coped well with the assessment.
Has anyone challenged a PIP decision where things seem to have been 'overlooked' then when challenged they have been put right?

poppy123456

Hi,

Whether or not you could score any more points will totally depend on how your conditions affect you against the PIP descriptors. Not being able to sit for long periods of time isn't related to any PIP descriptors and that won't score you anymore points. The same for your scars.

Having some understanding of the PIP descriptors and what they mean always helps because there's very little point in requesting the MR/Tribunal if it's not possible to score more points.

I'd advise you to have a read of this link and then get some face to face advice from an agency near you before requesting the MR. No one on an internet forum can tell you whether you're entitled to a higher award.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Also when requesting the MR although most decisions remain the same there's also a chance you could lose everything you already have, as well as have your award increased of course but it's very likely to remain the same. Most people have to take it to Tribunal and waiting times for hearings are huge across most of the country and lots of people are waiting in excess of a year for a date.

Chloe_Alumni

Hi @HelenT2 and a very warm welcome to the community! Is there anything further I can help with? I wish you the best of luck if you appeal the decision and please do let us know how you get on.

HelenT2

Hi
Thanks for responding.I have decided to appeal with support from my G.P I am also submitting a complaint to the person who wrote my report as my report is full of errors and omissions.The omissions I believe are deliberate as to include any mention of self harm would have increased my award.I am also looking into a legal challenge as I believe that the DWP are breaking the Equality Act by deliberately omitting information that was obvious to the assessor. My challenge would be under mental health discrimination.I will keep you up dated.

Chloe_Alumni

Hi @HelenT2, I'm really glad your GP is supporting this. Please do let us know if there's anything else we can do and please do keep us updated.

DuffersMum

My assessment was a load of inaccurate rubbish too...I’m awaiting a decision on MR but will go to appeal if that fails. I will also be writing a letter of complaint to IAS as ATOL now like to call themselves...appears their practices are still shoddy to say the least

HelenT2 said:

Hi
Thanks for responding.I have decided to appeal with support from my G.P I am also submitting a complaint to the person who wrote my report as my report is full of errors and omissions.The omissions I believe are deliberate as to include any mention of self harm would have increased my award.I am also looking into a legal challenge as I believe that the DWP are breaking the Equality Act by deliberately omitting information that was obvious to the assessor. My challenge would be under mental health discrimination.I will keep you up dated.

HelenT2

Hi
I complained to the DWP regarding the report I received from them.I pointed out that leaving out pertinent information regarding my mental health was discrimination and I told them that I was considering suing t The first person I spoke to did not have a clue about my letter of complaint (it had been filed with my Mandatory Reconsideration notes.) and after much pushing on my part the DWP person told me that my complaint would be forwarded to a Complaints Resolution Manager.The manager telephoned me and told me that my award has been increased for both parts for two years. This is great,but it took a lot of very hard work on my part to get this result.It has certainly put my mental health through the mill.I did question her regarding the discrimination and she told me that "we wouldn't do that." I my opinion this is complete and utter ******** and I suspect my letter was probably forwarded to their legal department as she was vague as to who made an adjustment to the original decision.
Anyone considering a challenge you need to get tough and please make sure you have plenty of support around you.
If a situation like Errol Graham is to be avoided in the future then a mass legal challenge may be the answer. I am still considering suing the DWP and will let you know how this goes.Take care everyone.

soconfused

Hi @HelenT2

I had to go to Tribunal yesterday to prove i needed the higher rate PIP I was getting standard only. I put that in in September. It was very stressful so I can only imagine what you were going through. My claim also got extended for 2 years - seems to be the norm for them.

[Deleted User]

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