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PIP Decision - 0 Points on everything

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6 months 4 weeks ago #290351 by BIS
Replied by BIS on topic PIP Decision - 0 Points on everything
Hi PaleGreenGhost

I'm sorry to hear that your MR was unsuccessful. Only 27% of people get their decisions overturned. Your chances at Appeal are better where 69% of appeals are won.

If you can cope with it, I would ring the DWP and ask for a call back from a case manager to explain their decision regarding your MR. They are supposed to do this automatically, but they don't often bother or they will record that someone tried to phone you and the call wasn't answered. You might get a clearer picture of why you have scored zero points.

In terms of the explanations you have been given (which don't even appear to be an explanation) - which give the decision without apparent reasoning is unfortunately quite common - that's why if you can make the phone call - you may learn a little more.

I remember you said that your original report was full of errors. You may want to put in a complaint about your report and the bias that has been shown towards you in terms of the medication and your academic background. Quote from the handbook and how they should consider mental health treatment and medication. This would be a separate process from putting in your appeal.

In terms of your appeal - go through our Guide to PIP Appeals and the guide on how to challenge a medical report. Also, go through our original guide. It sounded like you did a comprehensive job on your form - but see if there is anything that you could describe differently. Did you ask for a copy of your video assessment or did you do an audio recording yourself?

Although PIP and UC are not the same - see what put you in the LCWRA group, which the PIP assessor seems to disagree with.

Come back and ask if you have any further questions.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 months 4 weeks ago #290391 by LL26
Replied by LL26 on topic PIP Decision - 0 Points on everything
Hi PaleGreenGhost,
Your MR response is exactly the same as I have seen for at least 2 separate claimants I have recently helped. It is word for word and therefore is clearly simply cut and pasted! (Grrrr!!!)
Don't let this worry you, just get and write your appeal.
I am assuming this is a new claim - so you need to prove you have sufficient disability to achieve at least 8 points for Daily Living and/or Mobility.
When I draft an appeal it is in 3 parts. First a paragraph or 2 about your illness/disability, when you were diagnosed, treatment, and overview of the problems caused. Refer to med reports, and medicines, confirm dosages- you can check on NHS website what is the highest or lowest dosage and can comment on this, citing the NHS page if you wish. Explsin if there us a reason why you can't have more/better treatment.
Next section is a criticism of the assessment report. You may have done this for MR - you can repeat- I work out the major criticisms if the report and write them as 4 or 5 bullet points and give examples of each. You can add at this point that the MR appears to be cut and pasted and offers no cogent explanation whatsoever.
3rd section - go through each descriptor using the B&W if you need to, and consider why you can't do the activity and why. Renember to consider safety,repetition,time and acceptable standard. What points should you have received. If relevant you can make a somewhat more focused criticism if the assessment report here. Eg the assessor has completely ignored that I have excruciating back pain and cannot bend, therefore I need help to pull on lower clothing etc etc
If this is a renewal claim, then this becomes a Supersession- legal name for change of benefit decision. If so all of the above applies except the burden if proof now lies with DWP to show an actual change if circumstances has occurred whereby your disabilities have improved. The format would be exactly the same, but start off the opening paragraph with a comment about being a supersession and no actual changes. You can include increased dosage or eg further xray evidence showing increased arthritic changes etc to show deterioration rather than improvement.
You can submit an appeal online- Google online SSCS1 and you'll find the page. The firm is quite simple but I always type out the grounds if appeal in Word then upload separately- for some reason there is a formatting glitch- if you use the box provided, what seems to be nicely set out with spacing and paragraphs comes out as one long paragraph no gaps, and gets difficult to read.
You can re-send med reports etc and say you are re-sending as they appear to have been ignored previously! Yoy cam also upload new reports or statements from carers etc should you wish.
Good luck.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 months 4 weeks ago #290418 by KimABT
Replied by KimABT on topic PIP Decision - 0 Points on everything
Thanks for the info on the SSCS1, I'm finding it hard to handwrite so this format will suit me better. Going by other B&W members recent experiences I'm expecting the worst, preparing for tribunal even though my award letter hasn't turned up yet.

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6 months 4 weeks ago #290419 by KimABT
Replied by KimABT on topic PIP Decision - 0 Points on everything
Reading you post I think I may have a similar problem when my award ( or lack of one) letter arrives best to prepare for tribunal using the info here. I've queried the AP report by listening to the tape recording of interview - nothing I said was taken down, as if the interviewer was reading something else and applying that to the descriptors. Good thing is I've interviewed for Ipsos so I know the HCP caller wasn't going about things right.
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6 months 3 weeks ago #290440 by Anji
Replied by Anji on topic PIP Decision - 0 Points on everything
Sorry, I just sent a reply but then got an error message. If it doesn't show I will rewrite what I said...!!
Anji

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6 months 3 weeks ago #290461 by Anji
Replied by Anji on topic PIP Decision - 0 Points on everything
Hi there

Obviously there was an error with my last message...basically I was commenting on something you highlighted from the assessor's report stating that you had achieved academically as 'proof' of your ability.

My son's assessment said the exact same thing. We are currently waiting for the MR decision to come through. We did get a good supporting letter from his ADHD clinic, although I am not hopeful it will make a difference!! However, as one of their supporting statements they addressed that point.

They said, as we had, that he achieved despite his difficulties and struggles. However, they also made what I thought was a very pertinent point. That is, that while he got good A levels he didn't achieve to his potential or to his intellectual ability. He did one year of Uni and then dropped out as he couldn't cope even with the support they were offering him...I'm not sure if that in any way applies to you, but if so it is a point worth hammering home.

Good luck with it and do keep us up to date with any developments.
Anji
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