PIP, DLA and AA
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Is it worth appealing this?

UbersonicUbersonic Member Posts: 1 Listener
Hi all, got my DLA to PIP letter through confirming that post assessment I'm being moved to standard rate PIP.  However looking at it I scored 10 points so just 2 shy of the enhanced rate, and I noticed what I consider to be an error but I am scared about whether to appeal it or not as I was very worried I would lose my DLA/PIP in the first place having heard all the horror stories so am nervous about rolling the dice so to speak again.

Basically it came down to this point: "9. Engaging with other people face to face." and the assessor scored it as zero because in their words I was able to maintain eye contact while talking with them.  Which is fair enough however I think that they failed to consider that there is a world of difference between sitting on the couch in your own living room talking with a health professional who spends most of their time around people with physical disabilities, and attempting to converse in public with strangers who spend the whole conversation gawping at your deformity or asking awkward questions.

What do you guys think? Am I right/wrong in thinking the assessor made an oversight there? Is it worth appealing?

Thank you.

Replies

  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    Making a psychological diagnosis based on the direction your eyes are pointing is obviously ridiculous. They won't be qualified to do so anyway.

    However you would need some evidence if you were to get an MR out of the way and go to court. Does someone act as a go-between for you, for instance?
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,730 Disability Gamechanger
    Hi @Ubersonic welcome to the community, you do need to be aware that appealing a decision can go down as well as up.

    I think @Markmywords is right that it seems unreasonable to make a decision based on where your eyes look but makes a good point about evidence, do you have anyone who supports you in engaging with the general public? 

    From the CAB regarding this question, their advice is:

    Do you need help from another person to communicate with others?
    • yes
    • no
    • sometimes
    You should probably tick "yes" if:
    • you need an interpreter or signer
    • a friend or family member fills in the gaps in conversations
    • you lip-read but need help with more complex conversations
    • you have Asperger’s syndrome or autism and find it difficult to communicate with people
    • you have Tourette’s syndrome
    • your medication makes it difficult to concentrate on a conversation
    • you need help but don't get it
    Make it clear if you need help but don’t get it.
    If you get help, say who helps you (for example, carer or friend) and explain:
    • why they help you
    • how they help you
    • how often they help 
    Make it clear if you need them to:
    • explain what people are saying, or what you’re saying to them
    • interpret using sign language
    • be on hand - for example to make sure you feel safe
    Always explain what happens (or would happen) if you don't get help. For example:
    • you wouldn't be able to follow a conversation
    • you’d avoid speaking to people
    • you'd misunderstand an important instruction
    • you'd forget what people have told you, or what you've said
    • you'd feel isolated

    Do you feel as if this describes you? If so, can you find evidence to support it?

    How did you score on question 11 which is about mixing with other people?
    Scope
    Senior online community officer
  • wildlifewildlife Member Posts: 1,314 Pioneering
    edited August 2017
    @Ubersonic, There's a big difference between them making a mistake in the number of points awarded e.g. if they added them up wrong and you just thinking they should have chosen a different descriptor. That's a bigger battle to get it changed. Most claims are kept the same at MR stage rather than losing anything but that doesn't mean it's not worth trying. Mandatory Reconsideration is the next step from getting your award letter. You only have a month to write and ask for them to look again at your claim but as @Markmywords said you will need a strong argument with even stronger medical evidence to back it up. Rather than just saying you get anxious talking to people f2f you'll need to have a medical condition and/or be under the mental health services to convince them you have this problem. Getting back to the risk of losing anything, it depends how confident you feel about the rest of your award as it stands, bearing in mind a different Decision Maker will send it back to a different "Health Professional" at your assessment company and both will be looking at the whole thing again, at least that's the theory behind any request to review it. Personally I think it's likely they only look at the part you've asked about but it's up to you to decide whether to take the risk. Hope that helps...x  
  • paddypaddy Member Posts: 2 Listener
    Hi, I've had to get around this many times over the years with lots of differnt issues, I would definitely ask them to look again this as my wife had the same thing said and done to her when she was reassessed from dla to pip
  • jack1258ukjack1258uk Member Posts: 1 Listener
    I was on PIP daily living allowance till October last year I had a assessment and they scored me 5 points in the daily living allowance descriptors.I was awarded 12 points for mobility. They took away my daily living allowance enhanced rate and replaced it with mobility enhanced rate. My needs were more daily needs although I have multiple medical problems mobility would help getting around. I asked for MR again refused so I took it to Tribunal which took place on 17/5/17 a couple of days ago. I was awarded 15 points by the tribunal which now places me in the enhanced rate bracket the judge at Hatton Cross appeals Tribunal commented it was inappropriate to fix a term which in layman's terms was a indefinite award. I'm now waiting to see if DWP try to reappeal this decision.I am now on PIP enhanced rate for both Mobility and Daily living allowance.
  • wilson13wilson13 Member Posts: 2 Listener
    Only thing I will say is be careful and really think about it, because people have appealed similar in the past and ended up losing the lot, it's not to scare you, just warn you, also the assessor lie, I think they aim to keep majority on the low rates as they have some bonus scheme based on it (no lie) I got my standards re given but put in a formal complaint about the assessor lying I sent one to atos and one to pip so they were awkward, result letter was she said this You an your husband said that, were not saying anyone's lying but we weren't in the room sorry we couldn't help further case closed
  • SeanRyanSeanRyan Member Posts: 66 Connected
    edited August 2017
    @Ubersonic, Hi there I have, been through it twice and written a blog of my experiences. I am about to go on my third assessment in five years. The system is designed to trip you up and make you fail. I have MS but they think thats a common cold. You must never give up Its one of the hardest things I have had to do and it nearly killed me. But I am sat here now. There is support around you and we all know as you can see from the advice. We know what we are taking about, we are better trained than Atos health scare. The best advice I can give you is no matter how hard it gets there is support and people who care. One of the best things you did was finding this forum. the advice is you get coming from people who in the same boat is invaluable. Be strong dont let them grind you down. and remember you are not alone.
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