Pip appeal
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lofty1
Community member Posts: 2 Listener
Hi I was refused pip I want to appeal I suffer with mental health which is a disability under the 2010 act I should be able to claim daily component of pip not mobility I've asked cab to help me I've not heard anything back from them can someone tell me what i need to do to appeal thanks
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Hi @lofty1,
Sorry to hear about the difficulties you've been having with PIP. We have more information about appealing a DWP benefits decision on our website.
I hope this helps. If you have any other questions, please do get in touch!Liam -
Hi @lofty1 ,
I am sorry to hear that you have been refused PIP. However, please do not give up; try re-contacting the Citizens Advice office or another advice agency within your area who may be able to assist.
You have one month from the date at the top of the decision letter to ask for a Mandatory Reconsideration. This means you are asking the DWP to look at their original decision and reconsider it again. It helps if you (or an agency who can help you) can think about which descriptors and points apply to you for PIP.
You can look at the descriptors here:
http://https//www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf
If you can get any medical supporting evidence about your condition then you can send this in to the DWP as well.
Look at the points that the DWP raised in their decision letter and make notes of why you disagree with what they have said.
Fingers crossed the DWP change their minds at this stage. But please, please do not be disheartened if they do not. They are more than likely not going to. More decision are changed at tribunal. Therefore, if your Mandatory Reconsideration is unsuccessful you need to appeal the decision to allow a tribunal to hear your case.
Please come back to us if you need any more assistance and good luck.
Laura
The Benefits Training Co: -
@lofty1
Disability Rights website PIP section has a good guide to making mandatory reconsiderations and tribunal appeals. -
@lofty1 To add to the above you also need to ring the DWP number on your Decision Letter and ask for your assessment report to be sent to you if you haven't already got it. This is a form PA4 that your assessor will have filled in after your assessment. This will give you a better idea what went wrong and why you didn't get PIP. You then need to write to the DWP or get help to write saying you want a Mandatory Reconsideration. Go through your assessor's report and tell DWP all the things you disagree with about how you are affected by your mental health condition, what help you need and why. If you have been under the mental health services ask them to provide some evidence or ask your surgery if they have any information and can they print it off for you as your medical records are all recorded online. Send this with your letter. If you can't get the evidence straight away send the letter anyway and write in it that more evidence will follow. Also you can ring DWP to ask for the Mandatory Reconsideration which will then be recorded on your records but you do have to write as well. When you ring they might give you a new date to send in the letter by but make sure you ask the name of who you speak to and record the time and date and the new date they give you.
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lofty1,
I agree with all the advice above. It can also be useful to complain about the assessor's report if it is wrong and says things which aren't factually correct (they often do). This is a separate process to asking for the mandatory reconsideration.
You complain either to ATOS or Capita depending on which company did your assessment.
https://www.mypipassessment.co.uk/feedback/
http://www.capita-pip.co.uk/en/complaints.html
If you complain, it's useful to mention this in your mandatory reconsideration request or your appeal, because it shows how much you disagree with the assessment.
WillThe Benefits Training Co:
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