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What's the best way to appeal?

william_66william_66 Member Posts: 13 Listener
edited February 2020 in PIP, DLA and AA

Replies

  • william_66william_66 Member Posts: 13 Listener
    Hi guys looking for advice . Just recieved  my pip notice. No points no pip. Kidney cancer bladder cancer muscular sclerosis  and diabetes.  Type 2 . Not happy . I need to appeal .got a month from now . What's the best way to appeal . Is it through  a benefits  adviser  ie cab or online . Any advice appriciated 
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @william_66 - you need to contact DWP and ask for what's called a 'mandatory reconsideration' - you've got a month.

    Be aware though that PIP is about functionality - what tasks you can/ can't do - not about how many conditions you're diagnosed with...

    How many points do you think that you should have scored?

    Good luck. Post again if you need more advice.
  • william_66william_66 Member Posts: 13 Listener
    Ok thanks I've got a adviser on my case I believe  I should of scored 9 points or more . My face to face assessment  I believe  was not a true reflection on my daily  life and how it affects me   .ie pain . Discomfort etc. My mobility is affected by  my condition  and  funcionality.  
  • janer1967janer1967 Member Posts: 9,359 Disability Gamechanger
    Hi Its good to hear you have an advisor just be aware thno that it is yourself that knows more about how your condition affects you than anyone else.

    You need to make sure the advisor gets this across in the MR concentrating on where you think you should have scored points and why. Give examples of what happened last few times you tried to do the activity.

    Also not many MR are successful and you get the same outcome , however some are . But if not successful then you will need to go to tribunal and these have a higher success rate. However the process does take a long time with people waiting in excess of 12 months for court dates.

    Good luck and any further help let us know
  • william_66william_66 Member Posts: 13 Listener
    Ok thanks yes we will be exporing  all avenues on Tues 3rd. I will be stateing  how it affects me  how the face to face assessment  have got it wrong.  Il keep you updated thanks William 
  • janer1967janer1967 Member Posts: 9,359 Disability Gamechanger
    Try not to concentrate on what the assessor got wrong this wont do you any favours. Just look at descriptors and why you think you should have scored 
  • william_66william_66 Member Posts: 13 Listener
  • bekindalwaysbekindalways Posts: 79 Member
    Hi william66

    1. If you haven't  already done this...You need to get some evidence of an ongoing ailment from a gp/consultant etc.  

    2. You were awarded 0 points.  Yes, you have ailments.... but what do those ailments do to make your life difficult on over 50% of your days.  Did you tell them that in your application and assessment?

    3.Use the guides.... if you can afford it on the Benefits and work website.  I did after the most harrowing of experiences first time around.

    4.  Be strong...... FORGET WHAT YOU'VE BEEN DIAGNOSED WITH
    And 

    concentrate wholly on how you live from day to day and the difficulties you experience. Forget the diagnosis.  

    Good luck
    Xxxx


  • william_66william_66 Member Posts: 13 Listener
    Ok thanks ye I've sent medical evidence  to them of my diagnosis   .yes I will concentrate  on how it affects me  on a daily basis .were going to go through each paragraph  were no points were awarded and tell them how it affects me  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I would also advise you to add a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • william_66william_66 Member Posts: 13 Listener
    Ye ok poppy I might do that because  there has being a few incidents  regarding  my  weakness and mobility . Ie in the kitchen  .and  attempting  the stairs .
  • bekindalwaysbekindalways Posts: 79 Member
    Good look William! Examples are a superb way to show the way those illnesses affect you on a daily basis. Keep wee diary over a week or so,  consider also the side effects of medication and concentrate on the resultant affects of your illnesses. I.e " because of my (the diagnosis) , I regularly  (example of what it physically and psychologically does to your daily life) 

    I wish you well.  I went through the ringer on my first claim. The tribunal found in my favour. My change of circumstances in September last year, increased my tribunal awarded points from 11 and 10 to 18 and 22 respectively.
    I received the award letter this week.

    I'll be keeping my fingers crossed for you. Please let us all know how you get on. 
    Xxxxx 
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    Ye ok poppy I might do that because  there has being a few incidents  regarding  my  weakness and mobility . Ie in the kitchen  .and  attempting  the stairs .
    @william_66 .. giving examples, and concentrating on what you can do NOT on diagnosis is sound advice.

    Personally I'd avoid how you manage the stairs as this isn't covered under any of the PIP activities - if you have difficulties with mobility stick to outside on the level...
  • william_66william_66 Member Posts: 13 Listener
    Ye ok thanks il focus on how its affects me daily and medication  .
  • SherbetSherbet Member Posts: 1 Connected
    you also officially have 13 months to appeal so don't rush if you are waiting for more evidence...Hope it all goes well for you ..

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Sherbet said:
    you also officially have 13 months to appeal so don't rush if you are waiting for more evidence...Hope it all goes well for you ..


    Hi and welcome,

    Yes, you do but with good reason and you must state the reason why you're requesting it outside the first month.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • soconfusedsoconfused Member Posts: 102 Courageous
    I just blamed the post - it was a a month and a half late and they accepted it. The post box I use is known for having mail go missing from it anyway but it's the only one. 
  • william_66william_66 Member Posts: 13 Listener
  • william_66william_66 Member Posts: 13 Listener
    Morning  .mandatory  reconsideration  completed fri.  Sent off . Explained  how my  health condition  affects me daily. And  went through  each paragraph and why I should of scored more points .on each of them . Waiting  now for the reply . 
  • Alice_HoltAlice_Holt Member Posts: 46 Courageous
  • mikehughescqmikehughescq Member Posts: 6,010 Disability Gamechanger
    Hi william66

    1. If you haven't  already done this...You need to get some evidence of an ongoing ailment from a gp/consultant etc.  

    2. You were awarded 0 points.  Yes, you have ailments.... but what do those ailments do to make your life difficult on over 50% of your days.  Did you tell them that in your application and assessment?

    3.Use the guides.... if you can afford it on the Benefits and work website.  I did after the most harrowing of experiences first time around.

    4.  Be strong...... FORGET WHAT YOU'VE BEEN DIAGNOSED WITH
    And 

    concentrate wholly on how you live from day to day and the difficulties you experience. Forget the diagnosis.  

    Good luck
    Xxxx


    1 is almost never required. The diagnosis itself is rarely in dispute, Total waste if you,e asking for medical evidence on the point.
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