Best way to present an appeal against PIP decision?

Crisp_£_note

Sorry to back track but I have been trying this week to write out a case of appeal for the PIP I have just been awarded. Then I discover after re-reading the confusing letter what I now understand in the first instance I should phone or contact them to ask why they made this decision and if I don't agree then I can ask for it to be looked at again? Am I correct? Im just checking as my time for appeal is running short and the letter is quite confusing the more I read it the different I see its meanings. Considering theres a how I came to make this decision included by the 'ATOS' assessor from our appointment will they provide me any further information or is this to be taken as the information they would provide anyway?! Secondly I have been comparing what the assessor has noted and scored on and the application form I submitted and they are often both contradictory in my view. They havent taken into account any of the 'considering factors' such as reasonable length of time, pain, discomfort etc etc etc. I am now once again left anxious and not really understanding what to do or where I stand now. Its taken me the majority of the week to write a response but its obvious if their assessor report and my application form are put side by side and then the 'considering factors' are also taken into account one by one. Its like they have assessed me on paper and not at all what they and I discussed at length at the meeting or what I have explained at the application stage.

Im also trying hard to get my ESA done but this 365 allowance ran out and payments stopped on 29th May so the ESA 3 "application for re-assessment" form issued on 7th June at my request seems too old to send back, plus now I have the PIP award its not completed correctly.

I honestly don't know what to do now. I'm in fear of appealing for the PIP incase I lose it alltogether. They have awarded me £53. a week payable monthly which is now my total monthly income!

I do my husbands the Tax Credits renewal to complete and retrurn within the next few weeks also but this is what pays the bills for us to live in this place. Im anxious they will decrease this and we will have less income to pay the bills. He only has a part time seasonal job and is self employed.


Thanks for any help re PIP or ESA. Appologies if I get confused easily!

Crisp_£_note

If I contact the benefit office and ask for an explanation for the decision. What do I tell them why I think the decision is wrong which may provide them with enough information to be able to change it without needing to go any further? Is this really likely or more so they will take the benefit off me and ask for payback. Or am I in for a long process of appeals?

Sunshinesusie3

Crisp_£_note wrote: »

If I contact the benefit office and ask for an explanation for the decision. What do I tell them why I think the decision is wrong which may provide them with enough information to be able to change it without needing to go any further? Is this really likely or more so they will take the benefit off me and ask for payback. Or am I in for a long process of appeals?

Yes, you contact the DWP, the number should be on your decision letter and ask for a mandatory reconsideration. You have to say what you disagree with and why and if you can supply further information to support your case. You must do this before the date stated in your decision letter. They then can then take as long as they like to get back to you as yet no timescale set for responding. In meantime pip payments shouldn't be stopped. They can then uphold the decision or change it. If you disagree with their reconsideration you can then appeal. Lots of info on line from disability rights groups as well as gov.uk. But if you don't agree you must appeal. I don't think they stop what you're getting but DWP or welfare advice org is the one to ask and ask if they can send you confirmation of what they said in an email or in writing.

Crisp_£_note

The point I find difficult to get across is the reasonable amount of time it takes. For example doing my physio at home takes me about an hour in itself - just the basic exercises most people would probably do to warm up for a keep fit class but in my case its slow motion obviously, main purpose it to warm up my body for the day ahead. I also have to do these at the end of the day to warm down for rest and sleep - again another hour for most peoples couple minutes effort.
Then after this I need to undress have a bath and then to get dressed - another 2 hours worth of faffing around. Therefore you can clearly understand it takes me almost all morning to get ready for the rest of the day. That's before anything else I have planed, places to go or on my to do list!

Currently my husband is working long approx 13 hour shifts from 5am - 8pm and has been doing this for the past 4 weeks and still has the remainder of the season to go. Therefore a change as per my original application form I no longer have the support to get dressed or get out and about (unless I ask my mother in law to take me). Is this worth mentioning at all?

I am going to call DWP tomorrow regarding the PIP and the Job-centre as well regarding ESA (today I am concentrating on the WTC renewal) so can anyone advise what kind of things I should be commenting on to them what they are needing to know specifically (not in my personal case but in general of course).

Thanks so much sorry this is going on so long lots of other stuff to deal with here too.

Indie_Kid

The support for PIP has to be reasonable. So, it is reasonable to suggest you need help with getting dressed - whether you're getting it or not.

rogerblack

Indie_Kid wrote: »

The support for PIP has to be reasonable. So, it is reasonable to suggest you need help with getting dressed - whether you're getting it or not.

As above - if you take more than twice the time under PIP to do something (such as getting dressed) you can't do it.

Cowine

This forum is so helpful applied sept 13 for pip and ESA just had medical for ESA and awarded the highest rate my medical for pip was Monday gone then got a letter saying my report was complete and now been sent to audit and the says it may take a COUPLE OF DAYS after reading on here I some how doubt it Does getting ESA help your claim? I somehow feel I failed pip been though the woman was lovely and my problems I hVe Daily is a struggle she also told me I need to get checked out for three other problems which I wasn't aware I had till then. I am expecting A long wait now even though it's been 9 months since I claimed I intend to appeal straight away if my feeling is correct. The stress a claim puts you under is unreal it would make my life and my families so much better if it's positive as my partner does everything and so does my daughter when she isn't working can anyone give me advice please manny thanks