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PiP mandatory appeal
- QUARANTINO
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1 year 2 months ago #283147 by QUARANTINO
PiP mandatory appeal was created by QUARANTINO
Hi people my names Aaron im new here, im in need of help.
So i was awarded enhanced living but the descriptors awarded are less than what they should be, although im happy i was awarded enhanced, i am unhappy with the decision, because i feel i should of had more points.
The mobility i scored zero for planning a journey, i didnt understand the question fully and was confused, even though i explained my problems with how overwhelming and always panicked i feel going out, but i was never asked if i planned my journey with help from someone else, or if someone had to be with me at all times, due to having serious problems once on a journey, the assessor glossed over this question i feel, and made an assumption.
The decision was made by a different person, possibly uknown to him i asked for it to be recorded, which does state how overwhelming driving has become often forgetting where im going or having a panic attack, or getting very angry, my wife who comes with me can manage to settle me when i get like this
I also have learning difficulties, and struggle to explain what i mean or feel. I find it so much easier to express on paper but even then i makes it hard
Im not sure what to say on my appeal, in regards to mistakes the decision maker made, and how to appeal the journey planning part.
My wife has to come with me, because without her i couldnt do it i have tried but i often have to come home straight away or feel lost, or forget where i am going, i have become confrontational with other road users on many occasions, my wife has managed to settle me and help me overcome that feeling in the moment wether it be anger, fear or sheer overwhelming panick
I was involved in two serious RTCs whilst at work when i was driving my truck.
2019 a person ran in front of my truck and stopped and although i had made every effort to avoid him, he continued to run out and i hit him, my truck then rolled and went into a ditch, ever since then i have serious mental health problems round driving, which include flashbacks and never ending sleep probelms only sleeping now between 1 to 3 hours due to nightmares, which created massive fatigue problems with day to day life and work, and a sense of always on the edge and full of anxiety, my wife had started coming with me in the car because i was missing appointments, and other than work i was isolating myself from going places to avoid feeling even worse than i already was.
2023 feb, another truck driver fell asleep, and crashed into my truck at full speed and left me at the scene of the accident. Now i have had complex ptsd for the best part of 20 years, along with depression and anxiety.
All this has exacerbated so much i dont even want to leave my home and when i do i want to get back as quick as possible, and someone must come with me to help me overcome my difficulties. I have been having weekly Cognitive behavioural therapy, but my decision make claims i have no cognitive problems, concentration problems or physiological distress
I just need some help i have no idea what to say in my appeal in regards to this, that will actually make sense
So i was awarded enhanced living but the descriptors awarded are less than what they should be, although im happy i was awarded enhanced, i am unhappy with the decision, because i feel i should of had more points.
The mobility i scored zero for planning a journey, i didnt understand the question fully and was confused, even though i explained my problems with how overwhelming and always panicked i feel going out, but i was never asked if i planned my journey with help from someone else, or if someone had to be with me at all times, due to having serious problems once on a journey, the assessor glossed over this question i feel, and made an assumption.
The decision was made by a different person, possibly uknown to him i asked for it to be recorded, which does state how overwhelming driving has become often forgetting where im going or having a panic attack, or getting very angry, my wife who comes with me can manage to settle me when i get like this
I also have learning difficulties, and struggle to explain what i mean or feel. I find it so much easier to express on paper but even then i makes it hard
Im not sure what to say on my appeal, in regards to mistakes the decision maker made, and how to appeal the journey planning part.
My wife has to come with me, because without her i couldnt do it i have tried but i often have to come home straight away or feel lost, or forget where i am going, i have become confrontational with other road users on many occasions, my wife has managed to settle me and help me overcome that feeling in the moment wether it be anger, fear or sheer overwhelming panick
I was involved in two serious RTCs whilst at work when i was driving my truck.
2019 a person ran in front of my truck and stopped and although i had made every effort to avoid him, he continued to run out and i hit him, my truck then rolled and went into a ditch, ever since then i have serious mental health problems round driving, which include flashbacks and never ending sleep probelms only sleeping now between 1 to 3 hours due to nightmares, which created massive fatigue problems with day to day life and work, and a sense of always on the edge and full of anxiety, my wife had started coming with me in the car because i was missing appointments, and other than work i was isolating myself from going places to avoid feeling even worse than i already was.
2023 feb, another truck driver fell asleep, and crashed into my truck at full speed and left me at the scene of the accident. Now i have had complex ptsd for the best part of 20 years, along with depression and anxiety.
All this has exacerbated so much i dont even want to leave my home and when i do i want to get back as quick as possible, and someone must come with me to help me overcome my difficulties. I have been having weekly Cognitive behavioural therapy, but my decision make claims i have no cognitive problems, concentration problems or physiological distress
I just need some help i have no idea what to say in my appeal in regards to this, that will actually make sense
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- Gary
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1 year 2 months ago #283155 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PiP mandatory appeal
Hi QUARANTINO
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
You need to contact DWP and ask for a copy of the assessors report called a PA4, once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
If you are not disputing the daily living component then say so, concentrate on the mobility component and explain why you disagree with their decision, read our guide, if you do not fit the criteria for the mobility component then you will not be awarded it.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
You need to contact DWP and ask for a copy of the assessors report called a PA4, once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
If you are not disputing the daily living component then say so, concentrate on the mobility component and explain why you disagree with their decision, read our guide, if you do not fit the criteria for the mobility component then you will not be awarded it.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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