× Members

PIP Decision

More
7 years 4 months ago #174198 by Lorraine
PIP Decision was created by Lorraine
Hi, I have been awarded PIP standard rate for mobility after being on DLA higher rate for 30+ years. The question I have is around the decision letter where it says that I was observed to walk 75 metres with one stop. I did not walk 75 metres (I barely walked at all) so what justification do they have for stating this? It also says I was observed to stand and transfer to a wheelchair with the aid of a walking stick which is true and which also seems to contradict the '75 metre' observation. I'm not completely clear what I need to do here. Do I move to mandatory reconsideration or do I/can I challenge the decision on factual grounds as I did not walk 75 metres? Many thanks for any help you can give me.

Please Log in or Create an account to join the conversation.

More
7 years 4 months ago #174254 by Gordon
Replied by Gordon on topic PIP Decision

Lorraine wrote: Hi, I have been awarded PIP standard rate for mobility after being on DLA higher rate for 30+ years. The question I have is around the decision letter where it says that I was observed to walk 75 metres with one stop. I did not walk 75 metres (I barely walked at all) so what justification do they have for stating this? It also says I was observed to stand and transfer to a wheelchair with the aid of a walking stick which is true and which also seems to contradict the '75 metre' observation. I'm not completely clear what I need to do here. Do I move to mandatory reconsideration or do I/can I challenge the decision on factual grounds as I did not walk 75 metres? Many thanks for any help you can give me.

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;

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.