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TOPIC: when to question decision?

when to question decision? 4 months 3 weeks ago #162797

I have just had the decision letter

previously I was on high care and low mobility

now given standard care - and NO mobility - because having to travel by taxi, and not being able to use trains, coaches, buses - is apparently fine

so question is - is it worth appealing - knowing that they threaten to take it all away if you do?

also - it says they will be phoning re. the decision - what am I meant to say to that, if they do call?

also - it says the award is for a certain length of time, but then that they will be contacting me in 2 years (before the end date they gave) - to 'see how things are going' - would that lead to yet another medical?

sorry so many questions, just unsure what to do next
The administrator has disabled public write access.

when to question decision? 4 months 3 weeks ago #162801

  • Gordon
  • OFFLINE
  • Forum Moderator
Walker

Only you can decide whether to challenge the Decision or not, although the DWP can and usually do review the whole award this does not mean that it will be reduced, but there is a risk that it could be.

First of all how secure is your current award? If you only score the 8 points for a Standard award then you might be more reticent than if you scored higher.

Please be aware that DLA Higher Rate Care is awarded for fundamentally different reasons from PIP Enhanced Daily Living, having the former does not imply that you would receive the latter.

Next, can you reasonably score the additional points needed to increase your award?

The phone call may indicate that the Decision Maker is open to awarding you extra points if you can show that you meet the criteria, so it may be worth you checking the guides for the activities you would have hoped to score higher for.

I'm afraid that nearly all PIP claims are reassessed a year in advance of the award ending. This will be a full reassessment of your claim.

If you want to challenge the Decision 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.

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

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
The administrator has disabled public write access.

when to question decision? 4 months 3 weeks ago #162805

thank you for such a quick response

I seem to have a report included in my letter which I think is the decision makers but don't know

it was hard to put across the real intense difficulties my mh causes - not least because the 'health professional' spent half her time telling me I must not cry, must not get upset, and didn't need to talk about my history of difficulties (before the day of the interview), just talk about 'today'!

just one point - I have food/eating/binge issues but she reports me as average build -
interesting since I am classed as obese according to bmi
but then she was bigger than me - never thought that would be an issue!!

yes the points only just get me the award, so am very worried about losing it

i realise - from reading your booklet - that getting mobility payment is hard for mh issues - but it costs me hundreds of pounds even to visit family because i have to use taxis

i don't know what to do now but understand that you can only offer information and not tell me what decision to make
The administrator has disabled public write access.
The following user(s) said Thank You: Gordon

when to question decision? 4 months 3 weeks ago #162828

  • Gordon
  • OFFLINE
  • Forum Moderator
Walker

Yes, the document you received is the Decision Maker's Statement of Reasons.

Do you think that you can get Enhanced Daily Living and/or a Mobility award?

If you don't then then there really is no value in challenging the Decision, if you do then this is something to add to decision process.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

when to question decision? 4 months 3 weeks ago #162863

not enhanced daily living, no, but the mobility - well on reading the notes in your guide - it seems some people can get it for being reliant on taxis as they cannot use trains/coaches
whereas others don't
so who knows
it is certainly my greatest expense and limits my life massively - due to anx and my other mh issues
The administrator has disabled public write access.

when to question decision? 4 months 3 weeks ago #162864

what I don't understand - is how so much goes on the hour spent with a person who has never met me before
and NOTHING seems to be influenced by the reports of my mh team/gp/crisi team
so what is the point in ever even sending in their reports?
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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