Hi my name is mohamed, can anyone help me as ive waited 4 months for pip to reply it's puzzling me

Hi mohamed,

I'm really sorry to hear about your brother's PIP, this sounds like a very bad decision. As regards the request for reconsideration, four months is too long - there isn't any particular time frame unfortunately, but it's clear from what you say that the DWP have made some errors. I would start the complaints procedure and insist on getting a response to your reconsideration request. If you can get your MP to help, that often speeds things up, and your MP should be interested in the problems your family are having with PIP, as this is not acceptable.

From what you've said in your query above I'd have thought your brother should get points because of his problems with engaging with people, his problems with taking nutrition (for the daily living component), and points for not being able to follow journeys without help too (for the mobility component). You could have a go with this PIP self-test to see what points you think he should have got in each component.

If he had an assessment, it's worth getting a copy of the assessor's report so you can point out where it was wrong or misleading. 

When you start the complaint, I'd suggest you insist on getting a mandatory reconsideration notice (MR notice) within the next two weeks, and say if you don't you will go to the next complaints stage. If you don't get the MR notice within that time, then one route you could consider is your brother applying for PIP again (you can still continue to challenge the original decision, and I recommend that you do so that he doesn't lose out on money, and you can still pursue the complaint).

You mention that he has no funds left - does he claim any other benefits as well? For example, it sounds as if he should be entitled to ESA (Employment and Support Allowance) and if he hasn't yet claimed that, he could do so (if it's a new claim, he can ask for 3 months' backdating).

I'll leave it there for now but do post back if you need more advice once you get the mandatory reconsideration notice.

Will

Hello Mohamed

I am so sorry to hear that after a long wait your brother is left with a decision that upsets him and seems so unfair.

To challenge this decision you will need to lodge an appeal.  If you enter             ‘SSCS1 appeal form’ on any search engine it should bring up the appeal form for you to print off. The appeal must be sent to the Tribunal Service within 1 month of the date of the decision letter. Once the appeal is received you will receive an acknowledgement letter and then 2-3 months later a bundle of appeal papers.  Your brother will then be given a tribunal date to attend the appeal hearing.  A paper appeal can be requested, but the chances of success are greater when attending a hearing.

Given your description of your brothers difficulties it is hard to understand how PIP have reached the decision they have.  Did your brother attend a medical assessment? If he did a copy of the medical report from this assessment will be in the appeal papers.  This report may reveal why your brother was refused PIP. 

You have specifically asked if there is any way you can strengthen your brother’s case.  Sometimes going to the tribunal and telling a tribunal about your difficulties can be enough.  Medical evidence can also help. 

Does your brother have any health professionals who can confirm in writing the high level of help he needs for example confirm his high level of anxiety, the need for encouragement to eat, etc.  The important thing about medical evidence is to ensure it is supportive and relevant.  That is, it addresses the type of difficulties that PIP award points for e.g. cooking, dressing, washing etc.

The Scope website also has a link to AdviceNow- How to Win A PIP Appeal.

Please post again if you have any further queries.

Maria

 

 

Hi Mohammed. Firstly I'm dictating so  there will be very little grammar and as usual it will be loooooong ! lol. Plus there may be many spelling mistakes and errors. But I hope you get the Jist. Anyway I would Echo what has been said above about making a new application for PIP if anyone is in the same situation during the time they are asking for the mandatory reconsideration because at this point they will continue to pay you however you have now gone past that so in your case it is irrelevant. One thing that is not a relevant is paperwork paperwork paperwork. You must have supporting documentation from experts. Do not be afraid to ask the doctor the psychiatrist the pain management people  and the liver transplant charities ....So if he's had a liver transplant and there are complications light balance  or  the risk of pain, something other than finding his way via sat nav in the car , maybe because of difficulty with communication via mental health. Can you also please make sure you read the government documentation to find out what they are looking for... for example falling over, being a danger to others or yourself, getting lost and confused, finding yourself needing help on a familiar or unfamiliar journey.( Familiar and unfamiliar earn different points). It could Simply Be that your brother cannot walk even the short distance without severe pain or discomfort, or without danger of falling. Also he has to be able to do any of the above consistently (which means you can do it everytime ) reliably (which means you can do it without the pain danger or distress ) and repeatedly (which means that if you do it once you can do it time and time again) and you're not so affected with pain confusion distress etc to a point you cannot repeat the process soon after the first journey. This may sound confusing but a quick example is if I walk to the end of my street which is about 20 metres I would find it difficult to do that safely and I would definitely have pain therefore the distance I can walk is zero. If I could walk there or drive there but because I did so in the morning it would be impossible for me to do it in the afternoon (because it would tire me out and I would be in too much pain from the first time ) then I cannot do it repeatedly. If I can dress myself once but could not do it the next day without danger of falling over then I cannot do this reliably and repeatedly.
I think you get the Drift basically you have to use their words against them as long as the condition you're describing is true and you can get some medical evidence from a professional to say that this would be the case.
I have severe mental health through depression and anxiety and although I can drive also use the Satnav and I have to drive  in short jumps because of the pain or I get things wrong and although my driving is perfect the direction I'm going isn't. I will go on the wrong day even though I know where I'm going and what day it's supposed to be. I will be in an awful lot of pain even though I do nothing in between trips my payback will last longer than just an hour or so... in fact I cannot usually go out two days in a row and left I'm really fast too because of appointments. Therefore I cannot do things consistently reliably and repeatedly this is the same with cooking along with the fact that my depression has meant my motivation to cook and eat is 0 ( mostly my depression  ) and therefore I am unable to look after myself and would score the highest number of points but I still expect to be refused when I'm a assessed this year. It seems to be standard practice to refuse sadly that means for some losing their Motability car. The mandatory reconsideration is usually done wrong by most people and no extra evidence is sent however for the tribunal if you prepare yourself the chances of having the decision overturned is well over 50% in fact it's nearer to 70. I wish you the best of luck and my apologies once again for this being very long unfortunately that is part of my condition but I cannot stand idly by and watch someone's struggle. I won't be able to do my own I will have to get help and I would also advise you find out if any of the charities dealing with one of the illnesses your brother has can find someone to help you if not the Citizens Advice is a great place. There are advocates an advocate services around who can speak on your behalf but if you are eloquent and understand the system there's no reason why you can't help your brother yourself. Good luck and keep us posted. Kindest regards. Paul Pengelly