PIP Claim Denied?

biggsy147

Hi,

Very long story short, I have a life long disability along with arthritis in both ankles and elbow aged 30! Also suffer from Depression and sever anxiety, I had a face to face assessment after previously being on DLA, and my claim was denied on both sections baring in mind I live with parents who care for me, I have 1 month to put in a mandatory re-assessment and wondering if anyone else has had this issue, what the success rate is and how to go about it? The person who gave the face to face assessment lied about a lot of things and completely made up a few things as well which I thought was strange, he also admitted that at one point a few years ago they were handing out DLA claims without even looking at them because of a back log!

Any help on where to go from here would be great as I have no job after trying my best to work for a number of years, and in no receipt of any benefits either.

Thanks

poppy12345

biggsy147 wrote: »

Hi,

Very long story short, I have a life long disability along with arthritis in both ankles and elbow aged 30! Also suffer from Depression and sever anxiety, I had a face to face assessment after previously being on DLA, and my claim was denied on both sections baring in mind I live with parents who care for me, I have 1 month to put in a mandatory re-assessment and wondering if anyone else has had this issue, what the success rate is and how to go about it? The person who gave the face to face assessment lied about a lot of things and completely made up a few things as well which I thought was strange, he also admitted that at one point a few years ago they were handing out DLA claims without even looking at them because of a back log!

Any help on where to go from here would be great as I have no job after trying my best to work for a number of years, and in no receipt of any benefits either.

Thanks

PIP isn't awarded based on a diagnosis, it's how those condtions affect you daily and everyone's different.

You'll need to ask for a MR and put it in writing, you have 1 month from the date of the decision to do this. Send in more evidence if possibile with the letter. Try to stick to the point as much as possible when writing that letter, the decision maker is not going to want to sit there reading page after page of moaning.

Only 20% of MRs are successful but 65% of those who appear at their Tribunal have a decision in their favour. Expect to have to take it to Tribunal. Good luck.

Is there any reason why you don't claim any other benefits?

poppy12345

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

biggsy147

Thank you for the advice The reason why I haven't claimed ESA is because I was told by a close friend I couldnt claim until I was in reciept of PIP, which I now know was wrong 5 months later! Also ESA missed theire deadline to make payment Tuesday at 4pm so i'm waiting for that as well, they have sick notes and all evidence, seems like an on going cycle which is why I thought I would turn to this forum!

Thanks

NeilCr

Could well be worth you making a trip to your local CAB/advice centre for help with the MR and to get a benefit check

But do bear in mind poppy’s point about having one month to get the MR in. CABs are very busy these days

Alice_Holt

Your local CAB / advice agency should be able to help with an appeal. Seek help asap as there will be a wait for an appointment, and all CAB's are overwhelmed by demand for their services.

You have 1 month to ask the DWP to look at the decision again. Here is a MR template:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

The descriptors are key, you need 8 points for an award. You must fit your conditions to the activities & descriptors & explain clearly why you can't do the activity reliably.
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
e.g. Activity 1 - " I need an aid to prepare food, as the arthritis in my ankles prevents me from standing to prepare food. I need a perching stool to sit....."

Activity 2 - "Due to my depression I need prompting to eat anything most days. I rarely eat more than once a day unless a family member prompts me. The severe anxiety makes this even more difficult, as it blunts my appetite and I don't want to eat".

Etc, etc
Focus on the PIP points system and why you should have qualified - not the PIP assessment.

Some info here:
http://www.advicenow.org.uk/guides/how-win-pip-appeal
http://www.benefitsandwork.co.uk/images/image/samples/dla/sample_pip_jan17_v24.pdf
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/how-decisions-are-made/
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/655612/pip-assessment-guide-part-2-assessment-criteria.pdf

There may also be an organisation related to your condition which can be helpful e.g:
https://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/personal-independence-payment

mcculloch29

Can I just offer some advice that hopefully may benefit others? I was on Disability Living Allowance with enhanced mobility, but zero rate care. I made a successful claim for PIP enhanced mobility, and was awarded standard rate care, as well, an extra £200 a month, so not to be sneezed at. I looked carefully at the descriptors that are on the PIP claim form long before I was “invited” to apply for it. It’s a tick-the-box exercise to get enough points. So, I simply needed to tick enough boxes.
I already had enhanced mobility DLA. Could I walk 20 metres reliably, repeatedly and safely at a normal pace? No. Box ticked for 12 points enhanced mobility award.

Regarding daily living:
Using the oven is tricky, so I use the microwave, that’s an aid, and so is the perching stool I use, tick for two points there.
Toilet needs? A downstairs commode and a grab handle by the upstairs loo. Those are aids, tick box for two points.
Bathing? Grab handles on the walls to hang onto as I shower are aids, tick box for two points. I could have a bath board, or other aids, if I used the bath.
Help needed getting dressed? A £5 Sock Aid to help me get my socks on ticked that box for a dressing aid. Two points.
Net result: Nine points and a standard rate of care award.
If I didn’t have the microwave, grab handles, and Sock Aid, I wouldn’t have got enough points. If an aid would make your life easier, get it. That £5 Sock Aid got me an extra £55 a week. I’m not on ESA, as I work from home, so no extra money there.

I don’t have many medical docs, so I wrote a diary of a typical day’s struggle, and a “slips, trips and falls” diary to underline my need for the care award.
The diary was referred to by the assessor and the decision maker, so it was worth doing.

I did all this on my own, you don’t always need CAB.