Mr query

em wrote: I have just received the dreaded brown envelope with the results of my recent dla to pip transfer interview. With dla i was on lower rate mobility and higher rate care. Now i have downgraded to just standard rate for both. The report that came with it showed huge inconsistencies and enclosed medical reports proved my me tal health has worsened. My award has been given till 2020. My question - if i ask for a MR, can they change what i have already been given, can they stop it, or shorten the length of award?? Thanks

I'm afraid both an MR and an appeal re-make the original Decision so it is possible for there to be a reduction in your current award or even it's removal, it doesn't happen very often, but it does happen.

Two things to consider, how secure is your current award, for the Standard rates you need to have scored 8 points, so if your score were higher than this then you have a safety buffer if points are removed.

Secondly, are you to score the extra points to give you an Enhanced award in either the Daily Living or Mobility components. Be harsh with your scoring as the DWP will be. Also, how many points do you need to score, if you already have 11 then getting a higher award will be easier (in principle), than if you only have 8 points and need to score another 4.

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