PIP appeal

tifo

I've a PIP appeal in a few weeks. Any help would be appreciated.

The medical report said there is nothing wrong with me and I got 2 points, but I think I meet a few descriptors for lower care and higher mobility. The assessor didn't look at any of my substantial evidence inc photos, wrote stuff that I didn't say and didn't follow the DWP PIP assessment guidelines.

I'll post more later.

Thanks.

poppy12345

Photos are not the best evidence to send because they can't be viewed correctly once added to the system, it also doesn't tell them anything about how your conditions affect you.

If you haven't already done this then for the submission you should give a couple of real world incidents of exactly what happened the last time you attempted each activitiy that applies to you. Include information such as where you were, what exactly happened, did anyone see it and what the consequences were.

Try not to concentrate too much on the report because this isn't going to get you a PIP award.

tifo

poppy12345 said:

Photos are not the best evidence to send because they can't be viewed correctly once added to the system, it also doesn't tell them anything about how your conditions affect you.

The photos I sent with my claim were scanned in B&W, with the MR I specifically went into the jobcentre and gave colour photos and asked for them to be sent to the PIP decision maker and to ask for them to be viewed as they are in colour. I don't know if this happened. Same with the WCA MR.

My photos show my conditions and the symptoms.

Giving real world examples is a good point, I'll do this with my submission.

Spoonie_Turtle

As with your WCA appeal, focus on the descriptors - which ones apply to you and why.

Don't get bogged down by what the assessor (and possibly DWP) have done wrong - that's more for putting in a complaint if you want, but it won't get you the right award.  Refuting erroneous reasoning relating to an activity where you should score is fine.

For what exactly the scope of each activity covers:  https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

The mantra for PIP is what can you do RELIABLY: To be assessed as able to carry out an activity to the level described in a descriptor, a claimant must satisfy the descriptor “reliably”, that is: safely, to an acceptable standard, repeatedly and in reasonable time.  (No more than twice as long as it would take an average nondisabled person to do it.)  And of course, applying more than 50% of the time 

https://pipinfo.net/issues/reliably

poppy12345

tifo said:

poppy12345 said:

Photos are not the best evidence to send because they can't be viewed correctly once added to the system, it also doesn't tell them anything about how your conditions affect you.

My photos show my conditions and the symptoms.

How is it possible for a photo to show symptoms? A photo doesn’t tell them exactly how your conditions affect you. 

tifo

poppy12345 said:

How is it possible for a photo to show symptoms? A photo doesn’t tell them exactly how your conditions affect you. 

The photos show how my conditions affect me physically and can be seen, and internally from medical notes. So the symptoms shown in the photos are from the medical conditions I suffer from. Or am I saying this wrong?

tifo

Spoonie_Turtle said:

For what exactly the scope of each activity covers:  https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

The mantra for PIP is what can you do RELIABLY: To be assessed as able to carry out an activity to the level described in a descriptor, a claimant must satisfy the descriptor “reliably”, that is: safely, to an acceptable standard, repeatedly and in reasonable time.  (No more than twice as long as it would take an average nondisabled person to do it.)  And of course, applying more than 50% of the time 

Thanks, I also used parts 1 and 3 in my statement for the mandatory reconsideration.

I also used the 'reliably' argument in my statement. And i've always told them my conditions affect me the majority of the time, i.e. more than 50%, more than 6 months. Which means, as some of my conditions are variable for occurrence and duration, they're not present all the time. The medical report described everything I can do in the minority of days.

tifo

"the descriptor choice should be based on consideration of a 12 month period. This should correlate with the qualifying period and prospective test for the benefit – so the HP should broadly consider the claimant’s likely ability in the 3 months before the assessment and in the 9 months after".

I've said they did not do this but only considered my position on the day of the assessment.

"If one descriptor in an activity is likely to apply on more than 50 per cent of the days in the 12 month period – i.e. the activity can be completed in the way described on more than 50 per cent of days – then that descriptor should be chosen".

The report basically detailed my good minority of days and not the bad majority of days. Though they'd argue that i'm better the majority of days but my medical record shows otherwise.

There's lots more of the guidance the assessor did not follow.

tifo

Does this PIP '12 months consideration' period also apply to WCA? Because the DWP and others say the report is only about how I am on the day of the assessment.

In my appeal the DWP have brought my PIP claim into the WCA appeal.

poppy12345

tifo said:

Does this PIP '12 months consideration' period also apply to WCA? Because the DWP and others say the report is only about how I am on the day of the assessment.

In my appeal the DWP have brought my PIP claim into the WCA appeal.

For the WCA it's how you were on the day of the assessment. All your questions for this were answered in your other thread. https://forums.moneysavingexpert.com/discussion/6355243/uc-lcwra-appeal/p1

It's never too late to get some expert advice from an agency near you. Start here. https://advicelocal.uk/

Spoonie_Turtle

poppy12345 said:

tifo said:

Does this PIP '12 months consideration' period also apply to WCA? Because the DWP and others say the report is only about how I am on the day of the assessment.

In my appeal the DWP have brought my PIP claim into the WCA appeal.

For the WCA it's how you were on the day of the assessment. All your questions for this were answered in your other thread. https://forums.moneysavingexpert.com/discussion/6355243/uc-lcwra-appeal/p1

It's never too late to get some expert advice from an agency near you. Start here. https://advicelocal.uk/

No, the longer time period is a consideration for the WCA too https://wcainfo.net/issues/majority-of-time-always

[BUT I don't want to derail this thread being for PIP.]

tifo said:

"the descriptor choice should be based on consideration of a 12 month period. This should correlate with the qualifying period and prospective test for the benefit – so the HP should broadly consider the claimant’s likely ability in the 3 months before the assessment and in the 9 months after".

I've said they did not do this but only considered my position on the day of the assessment.

"If one descriptor in an activity is likely to apply on more than 50 per cent of the days in the 12 month period – i.e. the activity can be completed in the way described on more than 50 per cent of days – then that descriptor should be chosen".

The report basically detailed my good minority of days and not the bad majority of days. Though they'd argue that i'm better the majority of days but my medical record shows otherwise.

There's lots more of the guidance the assessor did not follow.

This quite honestly seems to be fairly standard for inaccurate reports. The tribunal will be used to seeing this issue raised in appeals.