Jump to content

has anyone successfully appealed a PIP decision?


Recommended Posts

I applied for PIP and had a face to face assesment. I wasn't awarded enough points, so I asked for a reconsideration. they are sticking by their original decision.
So I'm wondering if it's worth the time and more importantly the stress of going to tribunal?

 

I would just like to add that I have never claimed any benefits before and find it all daunting and complicated
Any advice/info will be gratefully received
Thank you for reading
Jan

Link to comment
Share on other sites

Yes it is worth going to appeal, many decisions are overturned. Reconsiderations rarely change the original decision. If you do appeal to the tribunal you have to make sure that you meet the criteria for PIP and for a better chance of an award you have to attend, do not opt for a paper appeal.

 

Get help from a Welfare Rights Officer at your local council or county council or even CAB.

You could register for this site http://www.youreable.com/forums/forum.php, it is listed in our stickies.

On there you will find lots of information in the form of stickies and people who are quite well versed in PIP who will answer any questions you may have.

  • Like 2
Link to comment
Share on other sites

Jan, before you think of CAB try your Councils Welfare Rights department. I say this because CAB are often volunteers who do not have such intense training as the council employed Welfare Rights Officers.

To be honest all welfare rights places are overwhelmed because of all the changes and people appealing decisions. You may be lucky and get an appointment within your time limit for appeal. If you cant then get telephone advice.

Another option may be Headway, I think they have advisors too.

 

Whoever you contact will be able to tell you if you have a good chance of winning at tribunal as you need to meet the criteria for PIP

 

This may help, only just found it. 

http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

  • Like 1
Link to comment
Share on other sites

Hi Jan,

 

Yes it is worth appealing, although the process is long and slow.  You must get it in within 28 days of the decision being made, not 28 days from when you receive it. So get your letter in now, even before your appointments with CAB - if the date passes and you have not appealed they will just throw it out.

 

The rules have changed and the first stage is for DWP to review their own decision.  Also, it is worth checking that DWP have applied the law correctly so it is worth knowing which laws they have applied.  It is not just about the points system, it is about the law too.  Also make a note of any underhand tactics used to elicit answers from you that they could use to low score you ie did they ask you to move to a more comfortable chair - that would be to see if you could move unaided, not to make you more comfortable, for instance.

 

Did they ask you any questions about your illness, if not that in itself is grounds for appeal as they cannot have assessed you properly.

 

Look at the questions closely ie can you lift a box?  What kind of box, lift it up from where ie a floor or a table, how big is it, what is in it, how heavy etc?

 

Also worth noting who assessed you, was it  a doctor, nurse or 'qualified practitioner' - do they have qualifications to assess mental health for example, in other words were they qualified to assess you properly and fairly?

 

If you appeal, make sure you turn up - sometimes DWP don't turn up and the tribunals often come down in your favour.

 

Take Super Mario's advice above, it's good.  It can be a long drawn out process and there are no guarantees but if you don't try, you won't get.

 

Above all, get that appeal letter in quickly with the phrase "I wish to appeal against your decision of --/--/----"  When  their review letter arrives, (if it is not in your favour) write back straight away telling them you wish to carry on with your appeal.  Send your letters by recorded delivery as someone in DWP has to sign for them (slightly more expensive but they cannot say they have not received them).

 

Keep copies of everything including telephone calls including what was said, dates, times, and who you spoke to.  This can be important as phone calls are recorded and they can recover the transcripts.

 

Latest figures show DWP was losing up to 60% of appeals so the odds are favourable. 

 

Good luck,

 

Macca

  • Like 1
Link to comment
Share on other sites

I will add to Macca's post, the health care professional who assessed you will have awarded points, BUT, the decision maker at DWP has the last say, they can award more points or they can remove them too.

 

You need to ring the number on you decision letter and ask for a statement of reasons unless you got one for your mandatory reconsideration anyway. That way you can go through each point and see what you don't agree with to make a case for your tribunal appeal.

  • Like 1
Link to comment
Share on other sites

Macca and Super Mario, thank you so much for taking the time to reply and advise me.

I have cleared my desk, it is now known as DWP Central !!!

Seriously, I really do appreciate your help with this

Thanks again

Love Jan xx

  • Like 4
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...