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PIP award lower than should be

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6 months 3 weeks ago #290422 by Gracie89
PIP award lower than should be was created by Gracie89
Hi, any advice please on appealing the decison for a higher award? I've been awarded PIP first try (surprisingly) for ME/cfs and have been given 8 points in both categories, giving me both standard rates. They seem to have awarded me some points for things I think would have been easier to say I don't need help with and have given me no points on multiple ones that I really should get points for. I feel if it was done correctly I would definitely have a higher award. There is also multiple comments in the decision letter that are completely incorrect. But firstly is it risky to fight this and maybe end up with nothing? (I have read on here and elsewhere that it can mean that if you ask them to look at it again) And secondly there's no way I could complete a decent letter to ask for a reconsideration with all the points that I need to make that they have wrong within the couple of weeks deadline I have, so it would have be done late within the 13 months and reason given I am not well enough to do that quickly. Or is there a way to contact them and say I want it on record this is wrong but for now I am accepting it as not well enough to go through the process at the moment? So then it is at least noted now it is incorrect and maybe I can raise it again down the line. Also when you ask for a reconsideration do you have to have another assessment, how does it work? What are the chances you then get nothing at all? Many thanks for any advice.
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6 months 3 weeks ago #290479 by Gary
Replied by Gary on topic PIP award lower than should be
Hi Gracie89

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.

The first thing you need to do is contact DWP and ask for copy of the assessors report called a PA4.

When you have the assessors 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.

There is always a risk of ending up with nothing which is why you need to get a copy of the assessors report.

To do an in time mandatory reconsideration, you have to put the request in within one month, you can go outside this deadline if you have a good reason, as you have stated the maximum deadline is 13 months, I have put in a MR at 11.5 months, the claimant had severe mental health issues.

The way to contact DWP and say you want it on record the decision is wrong is to apply for a mandatory reconsideration.

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.

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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6 months 3 weeks ago #290570 by Gracie89
Replied by Gracie89 on topic PIP award lower than should be
Hi Gary,

Thanks very much for your reply and advice, I have read those guides. I am very wary of starting the MR process if I could end up with nothing. Do you think I can ask for a copy of the report without starting that process of MR and see how likely it is that I could end up with nothing once I have that report and then decide if i should do it? I don't think I could handle ending up with nothing or have the energy to go through the process at the moment to be honest.

I also don't want to say nothing at all now about it being wrong and it look like I agree with what's written. If it comes up later ie at a review then they would say why haven't I disagreed if it was wrong and use that as further inaccurate information at that stage for example.

I only have a week and a half left of the one month deadline, I didn't receive the letter until late last week but it is dated before that. So it is unlikely they will send me the report out in time if I ask now, let alone having enough time and energy to go through it and build a case - this will take me a very long time because of my symptoms. (My form for the claim went in over 2 months late and that made me really unwell).

I am also worried that because they seem to have awarded me for things that I wouldn't have been sure I fit the criteria for, if I am asked about this again now at an appeal then that could be taken away couldn't it and lesson the award I've been given now?

The trouble is I also don't really have any evidence in terms of from drs or professionals because there isn't much support out there for me, so all my evidence for my claim was my own descriptions (and some from my mum who helps me day to day) that's it. They seem to have taken most of their opinion from my ESA review/claim, which again was based on my word mainly.

So I just wonder if it's better to just count myself lucky with what I have been given and accept it, if it can't be used against me later that if I didn't argue it it must be correct?

Many thanks for your advice

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6 months 3 weeks ago #290572 by Gary
Replied by Gary on topic PIP award lower than should be
Hi Gracie89

It is always worth applying for the assessors report (PA4).

If you are unsure which way to go, have you tried B&W's self-tester, it cannot tell you for certain but it will give you a good indication based on you as only you know how your condition(s) affect you on a day to day basis.

If you are outside the one month time limit, you can apply for a MR with good reasons, I do loads of these, I always use the excuse waiting for a copy of the assessors report and then waiting to see a welfare rights adviser.

If your mum helps you day to day then she could write you a support letter stating what support she gives you and WHY she gives you support, the why part is the important part.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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