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TOPIC: PIP Am I entitled to a copy of the Capita......

PIP Am I entitled to a copy of the Capita...... 1 week 6 days ago #174909

..... report written for the DWP. I am in the assessment phase with ESA, have a Blue badge and council tax reduction but have been turned down flat for any PIP. Sadly I had already put my application in before joining Benefits and work and was devastated by the decision letter as It reads like they haven't read anything I have written and the assessor amongst other things reported no restrictions in her mobility testing which is inaccurate. From what I can glean from the description of why they have refused my claim it would appear (without boring you with every detail) that this report must be littered with similar 'inaccuracies'. I plan to ask for a MR but would very much hope I am entitled to see her report so I am fully informed as to what I am up against.
Many thanks.
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PIP Am I entitled to a copy of the Capita...... 1 week 4 days ago #174975

  • Gordon
  • OFFLINE
  • Forum Moderator
Polly

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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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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