Denied PIP what next. 28 March 2018 at 12:54PM in Disability money matters 16 replies 20.6K views

Mark_Anthony

Hi,

Just after some advice really. please.
I'm have mental health and other problems. been on disability for long time now. done all the pip paper work, then had my assessment.
cut long story short, i got denied pip from the letter they sent me.
what i don't understand is, they lied about most of it, even saying they made me walk so far to test my breathing, i'm not on medication, which i bought with me and showed them, the lady was typing it all out. so what shall i do now, call them to say i'm appealing, then write a letter?
i even had my mum with me, and even she's shocked that they lied about what happened.
Be greatful for some advice please

Thanks
Mark.

pmlindyloo

The first thing you need to do is to ask for a Mandatory Reconsideration.

Just follow the guidelines on here:

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

cattie

I think you need to ask for a mandatory consideration first & then if the nil award comes back the same then you should appeal. In the meantime, try to find some help from a welfare rights organisation. Mind would be ideal if there is one close to you.

The 'health professionals' who do these assessments are quite famous for the lies & untruths their reports claim. Even though my own claim was successful on both elements of PIP, getting enhanced for both, I was so shocked to find the report from the assessor contained multiple untruths & like you I had a relative with me who was witness to everything that was said & the things that the assessor asked me to do during the assessment.

There is a very good website that gives great info regarding PIP & Esa benefits & you'd do well to have a look at their guides. To become a member there is a cost of around £20 per year, but it's worth every penny as it gives you great advice re wording the questions on the form. https://www.benefitsandwork.co.uk

Good luck with appeal if you have to go that far anyway.

Mark_Anthony

Thanks guys.
Should i call pip first before i write the letter asking for mandatory consideration.
Or just write the letter and post it recorded delivery.
I did read on the links thankyou.
shall i send the letter to personal independence payment 9 w v99 1AG address thats on the pip letter they sent me.
as it don't say who to send it to if i don't agree with the decision.
also, should i ask for copies of all evidence that was used in them making the decision, i'e what was typed down during the assessment.
i took copies of the first forms i wrote out, should i send them also?
Thanks very much.

Danday

Mark_Anthony wrote: »

Hi,

Just after some advice really. please.
I'm have mental health and other problems. been on disability for long time now. done all the pip paper work, then had my assessment.
cut long story short, i got denied pip from the letter they sent me.
what i don't understand is, they lied about most of it, even saying they made me walk so far to test my breathing, i'm not on medication, which i bought with me and showed them, the lady was typing it all out. so what shall i do now, call them to say i'm appealing, then write a letter?
i even had my mum with me, and even she's shocked that they lied about what happened.
Be greatful for some advice please

Thanks
Mark.

Nothing unusual in that.

Others have suggested a way forward which you should take.

I've had 3 face to face assessments in the past 5 years for PIP. Everyone resulted in taking the previous award off me. Asked for an MR nothing changed. Sent them notification that I was appealing resulted in them looking at it again and awarding me what I had previous.
It's like the Big Dipper!!
I have seen enhanced for both elements being taken away then 6/9 months later enhanced is re-offered.
Well at least it keeps people at the DWP in a job I suppose.

Ames

Personally I'd write - but make sure it gets there within a month of the date on the award letter (it might have taken longer than you realise to get to you). That way you can explain where you think you should have got points and why, and send any evidence you didn't send originally.

If you're getting close to the month then you can phone, but there's a risk that they'll do the reconsideration before anything you want to send gets there. I seem to recall that happening to a poster on here.

Alice_Holt

This is a good guide to the appeal process:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

Here is a PIP MR tool you can use:
https://www.advicenow.org.uk/pip-tool

And a template:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

PIP descriptors and points:
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

Most decisions aren't changed at MR stage, it's likely you will need to appeal to the Tribunal Service.
Don't get too focused on the inaccuracies in the report, concentrate on why and how the descriptors apply to you.
Explain fully why the 8 (at least) points should have been given for an award.

White_musk

I was on DLA high rate mobility and care for over 20 years. I applied for PIP and was awarded Care 6 points Mobility 4 points, so, no PIP. MR resulted in the same outcome. I went to the tribunal and was awarded Care 13 Mobility 16 so enhanced on both. Don't give up. Good luck.

Danday

White_musk wrote: »

I was on DLA high rate mobility and care for over 20 years. I applied for PIP and was awarded Care 6 points Mobility 4 points, so, no PIP. MR resulted in the same outcome. I went to the tribunal and was awarded Care 13 Mobility 16 so enhanced on both. Don't give up. Good luck.

Yes don't give up.
I just hope that you don't end up like me with re-assessments and appeals every 24 months!!

lucyvslife

Call the DWP and ask for the Mandatory Reconsideration forms, they'll put a deadline on it but if you give them a reason they can extend it. Make sure when you post the forms that you get a proof of postage in case something happens to it.
When writing the reconsideration keep it short and to the point - it's unlikely that they'll read it otherwise. Make sure that you give new 'evidence' as it will increase your chances of a change in decision. Please note that less that 10% of Mandatory Reconsiderations are overturned so the chances of it changing at this point is slim. If they decline again you can take them to court but this will be stressful and time consuming for you.
In the Reconsideration letter state that if they don't deem to overturn the decision then you should at least be able to make a new, fresh application - in the long run this has much more of a chance of succeeding, so maybe start looking at this whilst waiting for the rest of the paperwork to go through.

I just had mine overturned after submitting the Mandatory Reconsideration with the help of a local charity that specialises in my condition, so it is possible - although I feel that this may have been attributed to a new diagnosis that was stated in the 'new evidence'.
If you're seeing someone about your mental health then having them write a formal and short letter stating your problems then use this as evidence, that's what I did.

If you have any questions please don't hesitate to ask!

Fluffybunny80

Just to add there aren't any 'MR forms' you just put it in writing that you wish to put in one and your reasons why, then add in any further evidence you may or may not have and take it from there.

I had to do an MR many years ago and I rang first to inform them of my intent and advised further evidence is in the post so can they not make a decision until that arrives.
I did all this within five days of the decision as I was given it over the phone before my original award notice was even received, yet surprise surprise within one day they had turned me down for MR with carbon copy of the first decision!
Only standard mobility I was awarded so I was advised by the DWP decision maker at the time to put in for an 'unplanned intervention' due to me not having my further evidence looked at and sure enough they wanted to do yet another home assessment but this time I had a nice paramedic man who wasn't there long and within a week I had gone to enhanced both and still have that award now four years on!
I was reassessed last year again at home, and given further three years.
I do think it's ridiculous to have to keep re applying every couple years, especially when your condition is life long and no change is expected!