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Received Mandatory result??

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7 years 2 days ago #187913 by Shaz
Received Mandatory result?? was created by Shaz
Can anyone help as I have received my PIP decision and would like to challenge the decision for which I am somewhat hesitant about. I have been awarded the standard rate for both components. Previously on enhanced rate (DLA). Though I have been awarded 10 points for moving around, I received no points for planning and following a journey. They decided this activity only assesses your mental, cognitive or sensory ability to plan and follow a route of a journey and that I was able to carry out this activity as I was not receiving any specialist input for depression or anxiety!! Can this be right as my understanding to get this component you must have a physical and not just a mental condition that limits ones ability to carry out some or all of these activities. I do not know what to do or how to write and challenge this decision. I have an irreversible health condition and have been awarded PIP for just 3 years, by which time I will be in my 70's. The thought I having to go through this all again is to much!!. Any help and advise would be gratefully received. Sharyn

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7 years 2 days ago - 7 years 2 days ago #187932 by Gordon
Replied by Gordon on topic Received Mandatory result??
S

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


The points for Mobility are split between the Going Out activity which only considers mental health, cognitive or sensory problems and the Moving Around activity which only considers physical problems.

If you scored 10 points then you have been assessed as being able to stand and move (walk) 20m-50m, so your options for an Enhanced award are to show that your cannot reliably walk more than 20m on the majority of days, or that you have problems with planning, undertaking or following a route.

Can you do this?

As to the Daily Living component. DLA HRC is awarded for fundamentally different reasons than an Enhanced PIP award, if you want to challenge this aspect of your award then it must be because you believe that you should score the 12 points required for the higher PIP award and not because you previously receive HRC.

Have a look at the PIP Claim guide for the criteria against which you are being assessed.

www.benefitsandwork.co.uk/help-for-claimants/pip

If you want to change the award then 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 for details of the process, the PIP area also has template letters that you can use to make the request with.

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

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;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

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.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 days ago by Gordon.

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6 years 11 months ago #188194 by Shaz
Replied by Shaz on topic Received Mandatory result??
Thank you for the advise which was most helpful and clarified a number of things for me. Will come back to the forum once I have a better idea re: the issues of my claim.

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