Can i put in an appeal for pip

happyfella · December 2020

I applied for pip last year on the instructions of my doctors, but i was turned down. When i requested the report i was shocked as it was full of lies. An investigation took place and they assessor claimed she could not remember me or find her notes. The results came back that PIP said they fell well short of what is expected of their service. However, my point which were zero were not increased. I was told to take it to appeal but at the time i did not have the energy. This year my doctors told me again to put in for it. I had an assessment over the phone and she told me that i will 100% get an award. I did not even ask her if i would or would not. But she came out with it. She said i would 100% get at least the standard rate but it would be down to the main people if i got higher. This was back in Novermber around 14th. I have had no official word as yet and i have not requested my report as yet as i cannot deal with the stress of it all.

I explained to her over the phone after she said that about my experience with the face to face assessor, who said to me, if i was suffering from stress and was depressed why had i not tried killing my self. The new assessor was shocked. I said i got turned down and did not understand why when i need someone to help me all the time.

So, my question is, nothing has changed since my first to now, so if i do get the award, can i go back to them and say i want to appeal against the first decsion with them giving me the award when nothing has changed. I kept on getting told to take it to appeal as i would win but at the time i had no energy to do so.

chiarieds · December 2020

Hi @ happyfella - as you didn't pursue your first claim, & I'm sorry you felt unable to do so, then no, if awarded this time, it won't change the first decision. Your chance to appeal the first decision has passed, as you've now put in a new claim. It is often best to go down the Mandatory Reconsideration route, then, if needed a Tribunal.

PIP may be awarded if you meet certain 'descriptors/activities' for daily living &/mobility; it's not gained by just reporting the 'inaccuracies' of your assessor's report unfortunately.

Your assessor last month shouldn't really have commented; she writes up a report, & it's up to a DWP Decision Maker to decide about any award, not her.

It's awful what some assessors like your first one say to people, but hopefully this second one had a far better understanding. Please let us know how you get on.

poppy123456 · December 2020

HI,

I'm not really surprised that the HCP didn't remember you because they see so many people.

If the date of the Mandatory Reconsideration for the first claim was more than 13 months ago then you won't be able to request the Tribunal for this decision. If it was less than 13 months agao then yes you will be able to request the Tribunal but you will need to give your reason why you are late requesting it.

Although, do be aware that the Tribunal will only take into consideration what your condition was like at the time of the very first assessment, they will not take into consideration any worsening of condition. If awarded successfully, then you'll only receive the backdated money from the date of that first claim, up until the day before you started the 2nd claim.

I agree totally with the advice regarding the HCP shouldn't have told you anything about any award because it's not the job to tell you this.

Once the decision's been made on the current claim if you're not happy then you can of course request the MR and then Tribunal, if the MR fails.

Good luck.

happyfella · December 2020

poppy123456 said:

HI,

I'm not really surprised that the HCP didn't remember you because they see so many people.

If the date of the Mandatory Reconsideration for the first claim was more than 13 months ago then you won't be able to request the Tribunal for this decision. If it was less than 13 months agao then yes you will be able to request the Tribunal but you will need to give your reason why you are late requesting it.

Although, do be aware that the Tribunal will only take into consideration what your condition was like at the time of the very first assessment, they will not take into consideration any worsening of condition. If awarded successfully, then you'll only receive the backdated money from the date of that first claim, up until the day before you started the 2nd claim.

I agree totally with the advice regarding the HCP shouldn't have told you anything about any award because it's not the job to tell you this.

Once the decision's been made on the current claim if you're not happy then you can of course request the MR and then Tribunal, if the MR fails.

Good luck.

She didnt remember me because she made sure she forgot me. even the two investigations that took place said there is no reason for her not to remember me, and the two reports also said they are very surprised she cannot find her notes on me. they said she fell well short of the professional behaviour they expect. however, i did put in a reconsideration request and i still got no points. which my doctors were shocked at. it has been less than one year since the reconsideration request. i was told by an advisor it would be quicker to start from scratch than go to a tribunal, so they filled in the form for me

poppy123456 · December 2020

The HCP's assess so many people it would be very unlikely that they would remember anyone specifically.

Doctors have very little knowledge of the PIP descriptos, what they mean and the criteria. They also have very little knowledge in exactly how our conditions affect us, which is what PIP is all about. A Doctor will only ever know the basics. The only way they would ever know exactly how our conditions affect us is if they lived with us, which they don't.

happyfella · December 2020

poppy123456 said:

The HCP's assess so many people it would be very unlikely that they would remember anyone specifically.

Doctors have very little knowledge of the PIP descriptos, what they mean and the criteria. They also have very little knowledge in exactly how our conditions affect us, which is what PIP is all about. A Doctor will only ever know the basics. The only way they would ever know exactly how our conditions affect us is if they lived with us, which they don't.

no you do not understand. the investigation said that all advisors have to keep notes, as they use those notes for the reports. she claims she could not find my notes. They launched a first investigation and then a second investigation took place because of the seriousness of what went on. Both the investigations said that she should have the notes and basically they were saying they did not believe that she did not have the notes. they also said the report that she wrote contradicted itself so many times. I showed the two investigation reports to the person who filled in my new application and they said that it would be highly unlikely they would use that person again. They also said the same person who did my assessment has had lots of complaints as they had dealt with loads of complaints about them.

My doctors wanted me to go to tribunal but i did not have the energy and then my doctors a few months later said you really need to apply again but i kept on telling them i did not want to. then they arranged for an advisor to do everything so i agreed.

The report was shocking and full of lies, they even talked about things on there that had nothing to do with me.

Can i put in an appeal for pip

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