Best way to present an appeal against PIP decision?

Crisp_£_note

I was recently awarded PIP for the duration of 5 July 2013 - 17 October 2016 where I can then reclaim if necessary. Ive received a small back payment on 26th May which was for 5/7/13 - 20/5/14 of what they owed. I haven't received any further payments as yet so am going to chase them up on Monday and also ask if there's a chance of payment weekly or fortnightly as its such a small amount, however I am still greatfull for the assistance, but I need to eat!

I would like to appeal for the new PIP claim I have been awarded as the advice on their information letter doesn't match a lot of what I said at the medical a few months ago or on the form a year ago! Also since then things have changed - my husband is doing his seasonal work so is at home less to help me and take me out to appointments etc for one so I need to rely on others. I previously wasnt awarded the 'mobility' component as the assessor obviously thought I was capable of walking further distances. I only walked from her office to our car (aprox 20 meters) but any further and I would have been struggling. I stated this on my original form and also talked witht the assessor about it. On my original form I ticked I could walk between 50 and 200 meters but in their decision making they have said I can walk 50 - 200 meters which as I said is correct but they haven't taken into account how slow I am. I pointed out to the assessor I can manage my way around a supermarket as I use a trolley to lean on (walking aid) and my husband is there to help reach and lift the heavy things.
I amm also unable to drive due to my condition so rely on others to give me lifts to places. I have agoraphobia too which wasnt taken into account as I have to be with people (usualy my husband or family member or good friend who I can trust and understands me) if I go out.
I have also explained I am not able to cook for myself for various reasons which I have pointed out or use the toilet, bath or dress myself (the toileting and dressing are more so when I have a flare up) yet their decision hasnt appeared to take any of this into account. There are several other factors too and since submitting the original claim of course finances have changed as I no longer receive ESA and stress, anxiety and depression are all in the picture now too.

I know I am needing to do so soon as the letter says I have a month to submit my appea the letter is dated 21st May.

Am I better appealing by myself or taking it to CAB benefits advisor to help me with it?

What will happen when I appeal? Is there a chance I will lose any award alltogether? If so then I will prefer to stick with what I have as the very little they have awarded is better than nothing at all in the long run.

I am due to see my rhumatologist again next month (obviously too late for the appeal deadline) so am also nervouse as I think he may say my condition has worsend as I have been experiencing more pain in additional places recently.

Thanks for any advice.

Indie_Kid

You can submit an appeal now and then collect more evidence and send that off.

Your appeal is based on how you were at the time of the assessment and not now. If you've had a change in needs, you write a letter informing them of this.

bloolagoon

Did they revoke your licence for medical reasons and do you have the letter from DVLA saying you can't drive for medical reasons?

Indie_Kid

Whether you can drive or not is irrelevant. I receive DLA mobility because of the difficulties I have when out. Not because I've been (or would be) refused a driving licence.

bloolagoon

Indie_Kid wrote: »

Whether you can drive or not is irrelevant. I receive DLA mobility because of the difficulties I have when out. Not because I've been (or would be) refused a driving licence.

OP mentions she can no longer drive I too can't see the relevance unless she has an additional document that would help support her claim from them.

Morglin

How to appeal a PIP decision:

http://www.turn2us.org.uk/information__resources/benefits/challenging_benefits_decisions/challenging_benefits_decisions/pip_decision.aspx

Lin

Crisp_£_note

Re the driving I said I am unable to drive due to my condition. I have never passed my driving test I tried to take lessons a couple of years ago again as I realised having the 'freedom' of driving would be of benefit. Sadly however I noticed after several lessons I wasn't able to cope for different issues that kept reoccurring. I am unable to twist around and I also find it difficult to reach the pedals not only safely but comfortably without putting extra strain, due to stretching to reach, on my back. I did once purchase pedal extensions but alas I couldn't find an instructor willing to spend the time fixing them then removing them to their car unless I wanted to pay an extra fee for their time and insurance as it 'ate into their lessons'! So even after attempting last year in an automatic I have decided it is never too be with so many complications and I am not getting any younger or healthier sadly either. Maybe a 'buggy' is the way of the future for me.


Thanks Indie Kid I will make a start and remember this.

Thanks Morglin for the info.

I will go through the application and their letter point by point and write it all down over the next couple of days and send a letter to briefly outline what I feel are discrepancies. I just hope they don't take what little I have been awarded so far off me completely (£53 a week) as with all of us I need every penny I am entitled to since my ESA stopped at the end of last month.

Thanks everybody so far

Indie_Kid

I had someone online help me with my appeal. They wrote stuff using the following:
- activity
- why can't I do it
- what happens if I attempt it (give examples here - ie, burnt myself using oven)
- why help from another person is needed

If applicable, state limitation of any aids used

rogerblack

Crisp_£_note wrote: »

I would like to appeal for the new PIP claim I have been awarded as the advice on their information letter doesn't match a lot of what I said at the medical a few months ago or on the form a year ago! Also since then things have changed - my husband is doing his seasonal work so is at home less to help me and take me out to appointments etc for one so I need to rely on others. I previously wasnt awarded the 'mobility' component as the assessor obviously thought I was capable of walking further distances. I only walked from her office to our car (aprox 20 meters) but any further and I would have been struggling. I stated this on my original form and also talked witht the assessor about it. On my original form I ticked I could walk between 50 and 200 meters but in their decision making they have said I can walk 50 - 200 meters which as I said is correct but they haven't taken into account how slow I am. I pointed out to the assessor I can manage my way around a supermarket as I use a trolley to lean on (walking aid) and my husband is there to help reach and lift the heavy things.

Addressing only certain parts of this.

Firstly - some of the recent regulatory changes have not been fully appreciated by assessors.
If it takes you more than twice the time to do something - then by these regulations you can't do it. (see here)

Any appeal against the current decision relies on your state at the time of that decision - further worsening is irrelevant. You would need to report that as a change of circumstances and have that looked at.

The walking ability is _ONLY_ walking or mobilising.
Your (in)ability to do anything else at the same time is quite irrelevant.

In order to get high rate mobility - if you have no mental issues, you need to either be unable (without severe discomfort, as often as reasonably required, taking no more than twice the time a normal person does) to stand, and then move (perhaps with an aid such as a trolley) 20m.

Asking for a reconsideration of your decision leaves them open to reconsidering your award.
This can include removing it.

Morglin

This site has a huge amount of information about PIP criteria on it, and it is accurate and detailed.

To be able to download the guides and post, you would need to pay to join (£20 per year), but there is also a lot of free info:

http://www.benefitsandwork.co.uk/

Lin

Crisp_£_note

Thanks all for the information so far. I do think it is worth me appealing so fingers crossed as long as they dont take it off me I am no worse off but its worth the risk considering the little I get anyway.

However I have to phone them to find out wh en I ger my first 'regular' payment in a moment as still nothing in the bank since the backpay.

Have a good week everyone & take care.