Personal Independence Payments is the benefit that is replacing Disability Living Allowance for people between the ages of 16-64.
PIP is not based on the condition you have or the medication you take.
It is based on the level of help you need because of how your condition affects you.
You will be assessed on the level of help you need with specific activities.
You can challenge the Department for Work and Pensions (DWP) decision about PIP if:
You weren’t awarded any PIP
You got a lower rate than you expected
You think your award isn’t long enough
If you have recently been turned down for PIP or have had your award reduced after an assessment then it is worth taking advice to see if you have merits to appeal the decision. I can also assist if you have lost your Motability Scheme Vehicle due to a reduction in your PIP payments.
If you disagree with the decision that’s been made about your PIP claim, you can challenge it in the first instance by requesting the DWP to carry out a mandatory reconsideration.
You will need to request this within 1 month of the date on the decision letter. If the request for a mandatory reconsideration is conducted successfully then your Personal Independence Payments will be reinstated.
A successful reconsideration at this stage can save a lot of time, stress and money and you should carefully consider if you need assistance in putting forward your request for a mandatory reconsideration at this stage.
If your application for a mandatory reconsideration is unsuccessful then you will have the opportunity to have your appeal heard on papers or in person before an independent panel, called a tribunal. More information about social security first tier tribunals can be found here. First Tier Tribunal Appeals page
In order to request an appeal after an unsuccessful mandatory reconsideration you will need to complete a SSCS1 form.
You may also request an appeal through the government online system by clicking on this link https://www.gov.uk/appeal-benefit-decision
Once the DWP receive this they will send you a tribunal bundle, this will consist of the reasons of why they have made the decision to refuse or not give you the level of PIP that you may have desired. Receiving the tribunal bundle can be daunting for some appellants and most choose to request legal assistance at this stage in order to put forward a tribunal submission appealing against the DWP’s decision.
Some appellants also request assistance for the tribunal hearing at the first tier tribunal stage. I have over 18 years’ experience in dealing with welfare benefits appeals and I am one of the few solicitors in the country that specialises in this area of law. I take on clients from all over England and find that most of the work can be done over the phone, email and skype but if a face to face appointment is needed this can also be arranged.
As legal aid is no longer available for benefit appeals I offer a fixed fee service so that you can be rest assured of the amount that you will be charged from the outset and you will not receive any unexpected surprise bills at the end of your case.
As a fully qualified solicitor my services are offered through national firm Scott-Moncrieff & Associates Ltd Solicitors, more information about the firm can be found at www.scomo.com and a recent case study of one my PIP appeal cases can be found at the following link: https://www.scomo.com/News/Pip-payments-nottingham-woman-s-court-win-against-reduction-in-personal-independent-payments-leads-way-for-others-with-disabilities.html
If you would like any further information please do not hesitate to contact me.
I would be delighted to help you with your legal matters.
For a free initial consultation please call 0203 9729011 or email me using the contact form below.