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DLA to PIP Mandatory Reconsideration help needed p

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7 years 3 months ago #177604 by plankgirl
Hi all and best wishes for the coming year
I had the dreaded envelope arrive on Christmas Eve, following medical assessment I have been awarded standard rate for care of PIP from being on DLA at standard rate care and higher rate mobility. Essentially I have lost the mobility component..
Although I have been awarded SRC, it is for incorrect descriptors - for example awarded 2 points for 'preparing food' - need prompting, but the reality is that I cannot prepare food. On DLA this was recognised and awarded appropriately.
I am of course going to apply for mandatory reconsideration regarding the mobility, but wonder whether I should challenge the inappropriate Points for SRC ? Or should I just accept the fact I have been awarded SRC despite this? ( I believe SRC is appropriate and do not feel my limitations would warrant the enhanced rate)
My worry is that as I am in the support group for ESA, and if they use the info from this to reassess my ESA then this would potentially cause problems there.......
So guys, do I challenge the incorrect descriptors even though they have awarded the SRC or do I let that stand and focus on challenging the loss of mobility component ?

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7 years 3 months ago - 7 years 3 months ago #177621 by slugsta
Hi pg,

It's a pity that there is no way to 'set the record straight' other than requesting an MR! As you say, there is a risk of losing what you already have if you challenge the Care award. This does not happen often - but it certainly does happen.

I suggest you have another look at the PIP descriptors and make sure you satisfy every element where you hoped to score points.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 3 months ago by slugsta.
The following user(s) said Thank You: plankgirl

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7 years 3 months ago #177674 by plankgirl
Thank you ☺️
It's so confusing, but I'll tackle it a bit at a time.
There is one thing I feel I should let people know about, and that is that the award lett r states a report from GPs as included in the 'evidence'. There is no mention in the decision section of the gp report. I phoned doctors and was told the last report my gp supplied the DWP was at beginning of 2015 !!!!!
So, are they using old info........or do they not actually have the info they stated ??? I know what I think........either her way it has to wrong so I have that to fall back on if it goes to tribunal. Or should I ask DWP directly to provide me with a copy of what they (allegedly) used as evidence ?
I am more than a little bit cross at such deception ....I mean error......
One more question, on the decision bit- is the info from the assessor or decision maker ? Will there be another report I need ? ( sorry, that was two questions - minds in overdrive !)
Thanks

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7 years 3 months ago #177700 by Gordon
plankgirl

You should be able to get a copy of the GP report by contacting the DWP office that is dealing with your claim.

The comments that come with the Decision Letter are made by the DM, they will have been based on the assessment report, you can also request this by contacting the DWP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: plankgirl

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7 years 3 months ago #177727 by plankgirl
Thank you Gordon, I have spent 43 minutes waiting to get through to DWP to be told their computers have gone down and to call back after 4pm.
Thanks for your help, I am plodding through the info here from your publications and forum posts, no doubt will have more questions.....

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