What "they" don`t tell you
Posted , 5 users are following.
I applied for PIP and went for assessment. My application was rejected and was told that the agent at DWP could not consider activities for daily living! Yeh! DWP wont consider being near a toilet (a necessity for me as I have had my bladder removed due to bladder cancer), housework, carrying shopping (I have carers do these for me due to frozen shoulder and restricted movement, plus advice from specialist following bladder surgery), use of taxis (I cannot walk distance, although assessor said I could!). I challenged the decision and have received the Mandatory Reassessment Notice. Not only has my claim been rejected but the previous assessment has been downgraded in the catagory regarding washing and toilet! Plus, I mentioned in my request for my claim to be reconsidered that under preparing a meal the fact that I cannot lift or carry items should be taken into account as this was granted under DLA which I used to receive. The reply is staggering and I believe should be brought to the attention of claimants. DWP state "carrying items around the kitchen is not considered within the PIP criteria" and "PIP is a different benefit and has different criteria to DLA".
DWP and PIP websites give no indication of the way scoring is done, but an online search revealed that food preparation where the claimant can use a microwave but not a conventional oven (which is my case) can be awarded two points. If this is the case then I would qualify for PIP.
However as I have received the Manadatory Notice I am too late but hope that others may be aware of the minefield in the assessment process.
One last point. Does anyone think that given the undisclosed criteria and how my circumstances affect me (and presumably others) I should pursue going to appeal?
Thanks for this great forum and for any help any one can give
0 likes, 15 replies
denise15811 StevefromBrum
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HI Steve, i'm sorry to hear you've been refused. The criteria for PIP and the points scoring system isn't undisclosed. It's on the internet under "PIP criteria" for all to see on numerous websites. Unfortunately shopping and housework aren't in the list of criteria for scoring these points. It's more about washing/dressing, communicating, cooking, managing budgeting decisions and of course mobility (walking)
Most Mandatory Reconsiderations remain the same but this doesn't mean it's the end for you. You can now take it to Appeal Tribunal. Did you send in any evidence to support your claim? Evidence is a vital part of the PIP application process. CAB are very good with helping with Appeals if this is the root you want to take. You need at least 8 points in/and or Daily Living or Mobility to have an award so those 2 points you said about wouldn't have got you an award. Don't give up. A lot successful at Appeal Tribunal but it can take quite some time. Good luck.
pau2 denise15811
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denise15811 pau2
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Aww Pau2 thank you so much! It's always my pleasure to help people. I know how stressful these PIP and ESA claims are. Thanks again
StevefromBrum denise15811
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As to my claim, I was originally awarded seven points (one short to qualify for PIP). The reassment downgraded the washing/toilet one from 3 points to 2. In the original decision, I received 0 for food preparation. I submitted my case but in the reassessment this was rejected on the grounds stated in my original post. IF DWP had taken into account their own points scoring system, then I should get 2 points and, even if the 3 points for washing/toilet was reduced to 2, the total would be 8 points and I would qualify. It seems unbelievable that the previous system (DLA) which worked successfully and with which I had not only no problems but received helpful and friendly advise when I needed it, I am being penailzed for the sake of one point and the decision of an adviser who has no knowledge of me or my condition.
As to your advice re-the appeal. This might be worth considering but could you advise me on a couple of points? Can I appeal in writing and do I have to attend the tribunal? The reason I ask is that I will have to rely on a taxis and given that Capita refused to reimburse my taxi fare to attend the assessment, this could prove expensive and I would be out of pocket - even more so if the appeal failed.
Thanks again. People like you help restore my faith in human nature. I`ll keep you posted as things progress.
denise15811 StevefromBrum
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Now i understand you a little more. Yes it is indeed unfair but this is where evidence plays a HUGE part in the application process. The more the better. Sadly when asking for the MR they look at the whole award again and you could end up losing points which is what happened to you. You won't be the first person to be refused PIP when transfering for DLA. More than 500 mobility cars are being returned weekly because of this. Very sad.
Your Appeal. You need to fill out a form and the form is SSCS1 i beleive you can download this from the internet. I found this following info which i hope will help you.
The most important part of the form is Section 5: Grounds for appeal. In this box you need to give the specific reasons why you disagree with the decision.
Use your decision letter, statement of reasons and medical assessment report to note each of the statements you disagree with and why. Give facts, examples and medical evidence (if you have any) to support what you’re saying.
You might have done this already for your mandatory reconsideration letter - if so, you can use the same examples and pieces of evidence again.
You can also look at the points system the DWP uses (called descriptors) to assess PIP claims to see where you think you should have got more points and the kinds of evidence you can use. You can use our guide to how the DWP makes a decision to help you.
You can include all this information on a separate sheet if you’d prefer, just write ‘See enclosed information’ in the box and attach any papers securely to the form.
Finally, no you don't have to appear at the hearing but it will help if you do. I heard that Appeal Tribunal decisions are more successful if you attend. Good luck and sorry this post was so long.
pau2 denise15811
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Your welcome.
StevefromBrum denise15811
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It is reassurring to know that I dont have to attend - not because of any fear f attending but because of distance and transport costs - and will follow your advice and check out the relevant info and send off the appeal.
I had a quick search of this site and am not sure which guide you refer to in your post, so - sorry to be a pain -- could you please give a link so I can check this out?
Again thanks and for being there to help people like me. You show that rare quality which is sadly absent in so many areas of society - one of empathy, support and encouragement. Bless you.
denise15811 StevefromBrum
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I'm not sure about this site but i know there's grat advice on the citizens advice website. I can't put a link here but i'll private message you with a link. I'll see what else i can find to help you and if i find anything i'll post the links also.
It's really my pleasure to help anyone in anyway i can. Puts a smile on my face to be honest. Thanks for those kind words I'll look for those sites now.
hypercat pau2
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denise15811 hypercat
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hypercat denise15811
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You are welcome x
Beatifulme StevefromBrum
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StevefromBrum Beatifulme
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Morag_0100 StevefromBrum
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Hi there I've been getting pip now for bouncy year half last year I had large increase in morphine for severe neck pain ok. Reported change in morphine increase ! Filled in all the forms for an assessor to come hot my home rush me about lie. My claim was granted I'm no worse only to come down for 12 months now screaming with frozen shoulder I've had no mobility in this arm for year had to get a op on arm sept last year I'm still in pain what do I do
Morag_0100
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