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How do i appeal against my PIP descion

seasidefun
seasidefun Member Posts: 2 Listener
edited March 2020 in PIP, DLA, and AA
Hi

I was turned down for pip. I then contacted pip and said a lot of the things on the report were not true and was not sure where the advisor got this information from. I told them that it was like reading someone's else report. I also said, a lot of the questions that the assessor claimed they asked, they did not, and not got a clue where they got the answer to the false questions.

They contacted me and said they would launch an investigation into this matter and eventually i got a letter saying that they had investigated what went on. They said the assessor could not remember me. However, the investigation said the service that they provided me fell well short of what i should have received.

They said they would forward the investigation onto DWP but could not promise that it would do any good. I applied for a reconsideration request and got turned down. They gave me four points which my doctor thought was shocking.

I have serious health problems that stop me from working and i rely on others to help me.

I would like to know what is my next step to appeal.

I would also like to know if anyone has taken PIP to court over their descion.
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Comments

  • poppy123456
    poppy123456 Member Posts: 28,560 Disability Gamechanger
    edited March 2020
    HI,

    Your next step is to request the Tribunal and you'll find information here on how to do that. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/ Although it's not a court, it's a Tribunal.

    Pointing out the lies/contradictions in the report will not get you a PIP award because they won't be interested in any of those. In fact it could potentially weaken your case.

    What they will be interested in is where you think you should have scored those points and your reasons why. Then add 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 even under normal circumstances Tribunals have huge backlogs across most of the country and lots are waiting at least a year for a hearing date. With Covid19 pandemic waiting times are likely to increase significantly.

    PIP is not about being able to work and it's not about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. Lots of people work and claim PIP.

    More than 75% of those that appear in person with representation have a decision in their favour.
    About 50% of those that don't have representation have a decision in their favour.
    Paper based decision have less than 10% chance of success.

    Good luck.




  • seasidefun
    seasidefun Member Posts: 2 Listener
    i have done the reconsider request already. you said about representation. how to i arrange that
  • skullcap
    skullcap Posts: 172 Connected
    i have done the reconsider request already. you said about representation. how to i arrange that
    You will normally have to ask a Welfare Rights agency if there is anybody there that can represent you.
    It is highly unlikely that they will.

  • poppy123456
    poppy123456 Member Posts: 28,560 Disability Gamechanger
    i have done the reconsider request already. you said about representation. how to i arrange that

    I know you've already done that, which is why my advice was to request the Tribunal as your next step. Have you read the links i posted? if not then please do read them and it will give you further advice.

    Representation may not be possible at the moment because of the pandemic but you'll have plenty of time to see if you can get representation once the lockdown is lifted. Once it has then this link will tell you what's local to you for advice. https://advicelocal.uk/

    At the moment concentrate on requesting the Tribunal.



  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    @poppy123456 I'll try not to make a habit of it but I'm going to disagree with one point.

    Waiting times for PIP are felling dramatically already across the UK. Covid-19 is likely to accelerate that as initially most cases with reps are being dropped and the unrepped cases are leaping ahead. 

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