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7 years 2 months ago #179149 by kittygirl
PIP result was created by kittygirl
Hi,
I have just received my result of pip which was with Atos at my home on the 3rd January, they have only given me standard care and Mobility, I was only high rate for both with DLA, this decision means I will lose my adapted car.

How do I go about an MR as the assessor never asked me how far I can walk or how it affected me, I have COPD and spinal degeneration which I suffer breathlessness and pain and affects me physically.
The DM has made assumptions that because I can park out side my doctors and pharmacy I can walk 20=50 metres, where I park its only 15 metres and that leaves me breathless and I certainly could not repeat that action.
The assessor never saw me walk, only from the front door to the chair which was 3 metres she said "your very breathless I won't make it difficult for you" so should I get the assessors report.

One last question
My next DLA Payment is on the 1st Feb and they are paying me from 18th feb to be paid on the 8th march so will I get that payment or will it stop.
many thanks

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7 years 2 months ago #179166 by Gordon
Replied by Gordon on topic PIP result
kittygirl

You should still get one last DLA payment as it is paid in arrears.

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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7 years 2 months ago #179227 by kittygirl
Replied by kittygirl on topic PIP result
Hi.
Many thanks for your reply, I managed to phone for an MR and I will also follow up with letter, I'm going to ask my doctor for a letter of support, when I had calmed down I read what the DM said I scored 10 points on care and 10 points on mobility for 2 years because of changes.

The care part was hardly mentioned especially bathing as I need help getting in and out of the shower and can only shower and get my hair washed once a week because of the pain and breathlessness, so the whole part of washing and bathing was just given 2 points.

On dressing and undressing It takes me a long time & most days I find it difficult to put on socks even with an aid and most nights I find it difficult to remove underwear, again I only scored 2 points, could this been scored as not to an acceptable standard if I cannot do these things.

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7 years 2 months ago #179294 by Gordon
Replied by Gordon on topic PIP result
kittygirl

You need to go through the PIP Claim guide to see what you need to meet to score the extra points, for example; being unable to wash your hair only scores you two points, which you already have as does problems with socks.

You can certainly argue that issues such as the time it takes you to complete an activity should be taken into account, but it must be in relation to a Descriptor.

Gordon

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

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