Getting a copy of a PIP Claim form

Mav6215

I have searched both this forum and Google but without any luck.

A family member applied for PIP but failed to get it checked over or make a copy and the application has been refused. I have offered my help in getting the decision changed with the first step being the Mandatory Reconsideration but it would be helpful if I could see the original application form. I contacted Independent Assessment Services and they refused to send a copy stating that it wasn't allowed and said that the DWP wouldn't either. I haven't contacted the DWP yet but will do Monday (with the claimant again by my side to pass DPA).

Has anyone had recourse to ask for a copy of the form and received it?

Appreciate any help, cheers.

Alice_Holt

After you lodge an appeal of the DWP decision, you will get a copy of the PIP2 form included in the DWP evidence bundle,

The DWP rarely change the decision at MR stage (unless you have compelling new medical evidence), so my inclination would be get the MR in asap and proceed to the appeal stage as soon as you can (this may involve chasing the DWP for the MRN - as you can only appeal once you have the MRN).
MR proforma:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

This takes you through the process:
http://www.advicenow.org.uk/guides/how-win-pip-appeal

Mav6215

Thanks, Alice, I didn't realise a copy of the original form was sent with MR.

I have just successfully assisted the same person in getting her ESA re-instated. Sent everything to the tribunal but she received a letter a couple of weeks later from the DWP to say that they have changed their decision and she is now in the Work-Related group. Her doctors support her in being in the Support Group so have just this week sent off all the related info/forms for another tribunal.

Alice_Holt

Mav6215 wrote: »

Thanks, Alice, I didn't realise a copy of the original form was sent with MR.

It comes in the evidence bundle before the appeal but after MR stage.

If you can encourage your family member to attend the hearing and give verbal evidence, she will have a better chance of success.

Are you looking at Reg 35 for the SG appeal?
Well done on getting her ESA re-instated.

Mav6215

Thanks again, Alice.

I am listed as her representative but she will be attending the tribunal hearing.

We haven't specifically mentioned Reg 35 for the the SG appeal but she has supporting letters from her mental health team explaining that any capacity to work would seriously affect her mental and physical well-being.

I am lucky in that I don't (so far) let these issues get me down and will fight for what I believe is right and just. But I do feel for those who are overcome by the system and/or don't have access to valuable support.

Mav6215

Just been sent a photo of her letter and seems odd that it only mentioned:

• zero points for managing complex budgeting decisions unaided.
• Zero points for planning and following a journey unaided
• zero points for standing then moving more than 200 metre unaided.

She has issues with all the above plus other issues although not due to any physical disability.

I do need to see the original form that was sent as I feel the advice given in filling it in was wrong.

Alice_Holt

Re ESA SG appeal

To get into the SG (on Reg 35) - it looks at risk to health if participating in WRAG activities:

"Judge Jacobs holds that the question to be asked is what would be the effects on the health of the claimant (or another) if the claimant were required to perform the sort of work related activity which the claimant would be likely to have to do if they were not in the support group."
http://www.cpag.org.uk/content/making-exception

It may be that your relative was awarded ESA on the basis of S29. To get into the SG requires a further step.
Has she attended any WRAG activities (interviews, meetings, training, etc) how does this affect her?

Mav6215

Re: ESA - she was originally in the Support group but after an assessment in May this year was refused ESA totally.

I managed to cancel her first WRAG interview as it the thought of having to go and what she may have to face work-related was making her ill. I also explained that she is going to appeal so they postponed any further interviews or action till December 14th 2017. By then the result of the tribunal should be known.

Diary

If you need a copy of the PIP application form issue the DWP with Subject Access Request.

DO NOT wait until you've got the copy of the PIP application form to issue the MR - if you wait for the copy PIP form you will likely fall foul of the very strict timelines for MR. But at least you should have the copy before you fill in tribunal forms.

Obviously Independent services were lying when they said DWP wouldn't send the copy - they have to if you issue a SAR.

Mav6215

If, as according to Alice in message #2, a copy of the original PIP form is included with the MR (which I don't expect would bring a change of decision) then we will get as much evidence as we can in the next week and request the MR. We can then go over the PIP form ready for the tribunal with no need to use an SAR.

NeilCr

Mav6215 wrote: »

If, as according to Alice in message #2, a copy of the original PIP form is included with the MR (which I don't expect would bring a change of decision) then we will get as much evidence as we can in the next week and request the MR. We can then go over the PIP form ready for the tribunal with no need to use an SAR.

Alice will correct me (!) if I am wrong but I think there is a misunderstanding here. You don't get a copy of the PIP form in response to an MR. You do if the MR fails and you then appeal to a tribunal

The point Alice was making was just to get the MR done ASAP and concentrate your energies on the appeal (assuming the MR produces a negative response)