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PIP
- Philip
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7 years 3 months ago #179025 by Philip
PIP was created by Philip
Today I received the letter from PIP saying that I am not entitled to the enhanced rates but standard rate I was given high rate DLA in both high rate by appeal in 2008 for a indefinite period and since then my health has deteriorated What I find hard to understand that my home visit medical was on 3 jan and the letter was sent on the 14 Jan and after contacting my Gp and other medical people nobody has heard from ATOS .I shall be asking for a reconsideration and appealing as they seem to have just ignored every thing one example is they state that I have a good firm grip in both hands yet I am recovering from surgery in one hand and can only just move it and have only 30% feelling in the hand along with the fact I can walk up stairs yet I live in a disabled bungalow It just goes to show that they take no notice of your medical conditions . what I need to know is the people who deal with the reconsideration are they ATOS as it is the same phone no and address you send the letter to . thanks for any help anybody can give .
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7 years 3 months ago #179044 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP
Philip
PIP Decision are made by the DWP and it will be the DWP that carry out any Mandatory Reconsideration that you might request, however, the DWP have no medically trained staff so any medical issues will be referred back to ATOS.
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
PIP Decision are made by the DWP and it will be the DWP that carry out any Mandatory Reconsideration that you might request, however, the DWP have no medically trained staff so any medical issues will be referred back to ATOS.
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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- Philip
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7 years 3 months ago #179055 by Philip
Replied by Philip on topic PIP
I have done all this along with contacting my GP and other medical personal who can not believe the result also DWP or aTOS phoned back today and went thought the decision and I had the impression that whatever I said it would not change and said they would send a copy of the medical report I am now going to submit a letter supporting my claim as they have dismissed everything they even changed and cancelled my medical and even though I had letters to prove my disability that seems to mean nothing the best bit is the accessor saw me in my home after I had just come out of hospital only and knew I had major surgery yet denied it .
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