- Posts: 1
× Members
My PIP assessment
- M Ahmed
- Topic Author
- Offline
Less More
1 year 1 month ago #284399 by M Ahmed
My PIP assessment was created by M Ahmed
Dear All ,
I don't even know where to begin .
Last month I was given a date to assess my PIP . Completed the assessment via a video call , It went relatively quite ok , and so I thought . To my surprise ,after 3.5 years later from enhanced rate I was demoted and given a standard rate to help with my
daily living needs .
I wrote them to reconsider ,however the answer I got was ,I am given the standers rate for the next 6 years .
I was considering in filling to go to court .
What will be the outcome worries me ,will I lose what I have ? Will I have to go through the whole ordeal again ? after all I got the
enhanced version through the court .
Has anyone gone through same as me , can anyone advise me please .
Many Thanks
Mo
I don't even know where to begin .
Last month I was given a date to assess my PIP . Completed the assessment via a video call , It went relatively quite ok , and so I thought . To my surprise ,after 3.5 years later from enhanced rate I was demoted and given a standard rate to help with my
daily living needs .
I wrote them to reconsider ,however the answer I got was ,I am given the standers rate for the next 6 years .
I was considering in filling to go to court .
What will be the outcome worries me ,will I lose what I have ? Will I have to go through the whole ordeal again ? after all I got the
enhanced version through the court .
Has anyone gone through same as me , can anyone advise me please .
Many Thanks
Mo
Please Log in or Create an account to join the conversation.
- LL26
- Away
Less More
- Posts: 1420
1 year 1 month ago #284402 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic My PIP assessment
Hi M Ahmed,
I'm sorry to hear of your PIP troubles, this is all too familiar a story! It does happen in many instances.
You can certainly appeal to the tribunal. Any appeal does run the small risk of losing what you have. However the tribunal would have to give you a warning before they could lawfully remove your benefit This would give you a chance to withdraw the appeal if you wanted to.
On the flip side, assuming that your award for enhanced rate was correct and your health condition/s hasn't improved then there is no reason why you shouldn't be able to regain enhanced rate. The only way to do this will be to appeal.
This appears to be a Supersession case - basically a legal term for when DWP change your benefit. As such, DWP will have to prove that there has been a positive change in your health. If they can not show this then your benefit should be restored.
Have you already seen the full PA4 Assessment Report? If not, you could ask it now, and that will give you a head start to prepare your appeal.
Go through the report, try and group any criticisms into 4 or 5 bullet points. It's highly unlikely that you can prove the Assessor to be a liar, but it is of course possible he misheard or misunderstood! (And if he has misheard/ misunderstood on many occasions this suggests he wasn't doing a very good job!)
Use the bullet points to write your appeal. Make sure you include details of your previous award and points levels.
You need to submit your appeal within 4 weeks if the date of the MR decision letter. Don't worry if you haven't got the Assessment Report, as you will get a copy of all the papers (appeal bundle) about 4 weeks after you submit your appeal. The
bundle will include all papers such as claim/ review forms, Assessment report and any medical evidence you have sent in.
Think how you can improve your case. Reading (or re-reading) the guides on this website is often very useful, but maybe you can get further medical evidence? Don't worry if you can't get what you need immediately. Submit the appeal and using your reference number send anything else later.
You can submit your appeal online which is easy to do, and then you can get an acknowledgement that will come via text and or email -so you will know that the tribunal have received your appeal.
Good luck.
Let us know how you get on.
LL26
I'm sorry to hear of your PIP troubles, this is all too familiar a story! It does happen in many instances.
You can certainly appeal to the tribunal. Any appeal does run the small risk of losing what you have. However the tribunal would have to give you a warning before they could lawfully remove your benefit This would give you a chance to withdraw the appeal if you wanted to.
On the flip side, assuming that your award for enhanced rate was correct and your health condition/s hasn't improved then there is no reason why you shouldn't be able to regain enhanced rate. The only way to do this will be to appeal.
This appears to be a Supersession case - basically a legal term for when DWP change your benefit. As such, DWP will have to prove that there has been a positive change in your health. If they can not show this then your benefit should be restored.
Have you already seen the full PA4 Assessment Report? If not, you could ask it now, and that will give you a head start to prepare your appeal.
Go through the report, try and group any criticisms into 4 or 5 bullet points. It's highly unlikely that you can prove the Assessor to be a liar, but it is of course possible he misheard or misunderstood! (And if he has misheard/ misunderstood on many occasions this suggests he wasn't doing a very good job!)
Use the bullet points to write your appeal. Make sure you include details of your previous award and points levels.
You need to submit your appeal within 4 weeks if the date of the MR decision letter. Don't worry if you haven't got the Assessment Report, as you will get a copy of all the papers (appeal bundle) about 4 weeks after you submit your appeal. The
bundle will include all papers such as claim/ review forms, Assessment report and any medical evidence you have sent in.
Think how you can improve your case. Reading (or re-reading) the guides on this website is often very useful, but maybe you can get further medical evidence? Don't worry if you can't get what you need immediately. Submit the appeal and using your reference number send anything else later.
You can submit your appeal online which is easy to do, and then you can get an acknowledgement that will come via text and or email -so you will know that the tribunal have received your appeal.
Good luck.
Let us know how you get on.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Wendy Woo
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David