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TOPIC: my friend has a problem

my friend has a problem 2 weeks 1 day ago #174734

my friend currently gets DLA/MOBILITY and has just had a medical for PIP. They have taken everything off him. He suffers from Hypertrophic Crardiomyopathy {HCM}. He was given DLA and MOBILITY for life, and now they say that he is only intitled to the standard rate of MOBILITY part of PIP. He wants to and needs to appeal can someone help him if he appeals do they take his money and car off him while it is all going on. Thanks
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my friend has a problem 2 weeks 1 day ago #174754

  • Gordon
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JB

Welcome to the forum.

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PIP and in particular the Mobility component was designed to be more difficult to be awarded so the first thing they need to consider is whether they can score the extra points for an Enhanced award, have a look at the PIP Claim guide for the criteria.

I'm afraid they will not be paid at the DLA rate or retain their car during the process.

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
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