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From Full DLA to Zero PIP
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7 years 2 months ago #182349 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic From Full DLA to Zero PIP
Marjorie
You can make a complaint but this would be a separate exercise from your MR.
You may have to just bit the bullet and challenge the assessors statement head on.
Often this is about playing the long game (sorry for all the platitudes) and getting to a Tribunal, revision rates at the MR stage are very low and you may not have the fundamental misunderstanding of your problems that is often need for the DWP to change their Decision. A Tribunal will take a much more balanced approach to dealing with the report, they know that many are inaccurate.
Gordon
You can make a complaint but this would be a separate exercise from your MR.
You may have to just bit the bullet and challenge the assessors statement head on.
Often this is about playing the long game (sorry for all the platitudes) and getting to a Tribunal, revision rates at the MR stage are very low and you may not have the fundamental misunderstanding of your problems that is often need for the DWP to change their Decision. A Tribunal will take a much more balanced approach to dealing with the report, they know that many are inaccurate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Barker1952
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7 years 2 months ago #182425 by Barker1952
Replied by Barker1952 on topic From Full DLA to Zero PIP
Hi Gordon,
Any Tips on my questions related to Sections 13 & 14 above please.
Section 13
How can they rule on section 13, by assuming everything is related to response 13a - Journey that is familiar. I agree and should get no points, However 13b is about unfamiliar journeys, which I cannot plan - surely I should get some points for that.
Section 14
How can walking 18 metres be equated to "can walk unaided for over 200 metres"?
It doesn't stack up. The 18 metres was a brief observation / snapshot of me walking from reception to the assessment room.
Funny how they say Over 200 metres (the magical 0 point score)!
Why not 200 metres (4 points), Or 50 (points) or 20 (10 points).
Please advise.
Thanks
Any Tips on my questions related to Sections 13 & 14 above please.
Section 13
How can they rule on section 13, by assuming everything is related to response 13a - Journey that is familiar. I agree and should get no points, However 13b is about unfamiliar journeys, which I cannot plan - surely I should get some points for that.
Section 14
How can walking 18 metres be equated to "can walk unaided for over 200 metres"?
It doesn't stack up. The 18 metres was a brief observation / snapshot of me walking from reception to the assessment room.
Funny how they say Over 200 metres (the magical 0 point score)!
Why not 200 metres (4 points), Or 50 (points) or 20 (10 points).
Please advise.
Thanks
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- Gordon
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7 years 2 months ago #182440 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic From Full DLA to Zero PIP
Marjorie
Question 13b is about your ability to follow a route to an unfamiliar place, I assume that is what you meant rather than your being able to plan one which is a completely separate activity.
All you can do is explain the problems you would have following this route and why.
The assessor is expressing an opinion about the distance you can walk, this can be difficult to argue against as they will claim that this is based on their experience of assessing other claimants in similar circumstances.
The obvious rebuttal is if there are no examples of you walking your distance in your own PIP2 and as a result of the assessment, even an opinion can be overcome if there is no evidence or foundation for it being made.
Gordon
Question 13b is about your ability to follow a route to an unfamiliar place, I assume that is what you meant rather than your being able to plan one which is a completely separate activity.
All you can do is explain the problems you would have following this route and why.
The assessor is expressing an opinion about the distance you can walk, this can be difficult to argue against as they will claim that this is based on their experience of assessing other claimants in similar circumstances.
The obvious rebuttal is if there are no examples of you walking your distance in your own PIP2 and as a result of the assessment, even an opinion can be overcome if there is no evidence or foundation for it being made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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