Appealing PIP decision - interview paperwork missing information
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Rybeast
Posts: 19 Forumite
Hi,
I’m appealing the decision made for PIP. Originally, I said I wanted to appeal just the mobility, but looking through the interview notes the nurse made, there are things missing here and there, answers I gave and explained are ridiculously short, limited to four word sentences in some instances. My walking has completely missed the mark - they have not included anything repetitively or reliably even though I made that very clear in my questionnaire AND interview. What would I need to do with my letter to explain why I’m appealing their decision? I was pretty much thinking about an A4 sheet and under the different headings explain why I disagree or what has been missed and not taken into account.
I’m appealing the decision made for PIP. Originally, I said I wanted to appeal just the mobility, but looking through the interview notes the nurse made, there are things missing here and there, answers I gave and explained are ridiculously short, limited to four word sentences in some instances. My walking has completely missed the mark - they have not included anything repetitively or reliably even though I made that very clear in my questionnaire AND interview. What would I need to do with my letter to explain why I’m appealing their decision? I was pretty much thinking about an A4 sheet and under the different headings explain why I disagree or what has been missed and not taken into account.
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Comments
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Hi,
I’m appealing the decision made for PIP. Originally, I said I wanted to appeal just the mobility, but looking through the interview notes the nurse made, there are things missing here and there, answers I gave and explained are ridiculously short, limited to four word sentences in some instances.
There's no point challenging a decision if no further points can be scored for a higher award. Have you looked at the daily living descriptors to see where you can score extra points for that higher award?
Do be aware that your award can stay the same, be stopped completely or be higher.
What stage are you at, MR or Tribunal?
If you're requesting the Tribunal then keep it short for now and just give your reasons why you don't agree with the decision, remember you only have 1 month from the date of the MR decision to send the request. You can always write your submission at a later date because Tribunal hearing waiting times are huge across most of the country and some areas have backlogs as long as 1 year.
I'd advise you to get some face to face advice from either welfare rights, CAB or a law centre near you.0 -
I’m not sure what you mean by ‘changed your mind’, answers and information I’ve given weren’t included in the HCP assessment and the decisions that have been made make no reference to things I’ve said or that have been given in evidence via doctor’s letters. It isn’t a case of me changing my mind now I’ve seen what the sitch is at all. I’ve not been happy with the award when I received it.
Yes, I’m wanting to appeal against the mobility component. Scored 8 points, but again there is no reference to reliably or painfree without large amounts of analgesia amongst other things. I’m currently collating evidence for the MR.0 -
You cannot appeal just the mobility part. It sounds as though you are doing a Mandatory Reconsideration (MR). Your whole claim is looked at again, not just the part that you disagree with. Another decision maker will read through the information and decide whether to increase or decrease points, or keep them the same. It means that you do risk losing the award that you have, although you could receive an increased award or stay the same.
In your MR, you can refer to the report and state that you explained that you cannot carry out certain tasks reliably and repeatedly, although the report does not reflect this.0 -
Hi,
Originally, I said I wanted to appeal just the mobility,
Yes, I’m wanting to appeal against the mobility component.
Even though you can't appeal just one part, you can specifically state what you disagree with and why.
Which ever you disagree with then mentioning any lies or contradictions isn't going to help you because DWP or the Tribunal won't appreciate this.
You need to state where you think you should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.0 -
kingfisherblue wrote: »You cannot appeal just the mobility part. It sounds as though you are doing a Mandatory Reconsideration (MR). Your whole claim is looked at again, not just the part that you disagree with. Another decision maker will read through the information and decide whether to increase or decrease points, or keep them the same. It means that you do risk losing the award that you have, although you could receive an increased award or stay the same.
In your MR, you can refer to the report and state that you explained that you cannot carry out certain tasks reliably and repeatedly, although the report does not reflect this.
Oh, the lady I spoke to on the phone asked me whether I was happy with the daily living or not and I said yes, not knowing what the interview report had said. She said she would put it through as a reconsideration for mobility only.0 -
poppy12345 wrote: »Seems like you're not sure....
Even though you can't appeal just one part, you can specifically state what you disagree with and why.
Which ever you disagree with then mentioning any lies or contradictions isn't going to help you because DWP or the Tribunal won't appreciate this.
You need to state where you think you should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.
Lies, as in lies I might say? Or lies from their side? I’d never lie about this at all, but there are clear areas that I have written and explained in my original application booklet which were then discussed at the interview but no relation of this is put in to the final report. As an example, the interview report tells me that I have no therapy needs at home, yet I need help daily to do physio. Unfortunately, there are inaccuracies like this throughout.0 -
Lies, as in lies I might say? Or lies from their side? I’d never lie about this at all, but there are clear areas that I have written and explained in my original application booklet which were then discussed at the interview but no relation of this is put in to the final report. As an example, the interview report tells me that I have no therapy needs at home, yet I need help daily to do physio. Unfortunately, there are inaccuracies like this throughout.
So my question is still the same, are you happy with the daily living award or do you think you should have scored more points for a higher award? There's absolutely no point in challenging any of the descriptors if you can't score anymore points. If you're challenging the daily living part because of just the lies then i'd advise you to be aware of doing this, you could lose everything.
They do actually look at the whole award again and not just part of it, as advised but like i said you can specifically point out which part you're challenging. Don't be fooled into believing everything a DWP adviser tells you.....0
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