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7 years 3 weeks ago #183500 by Stephen
PIP review was created by Stephen
Recently had to have a face to face review of my PIP.(they had refused point blank to a home visit). Subsequently they have reduced my care component from enhanced to standard. Left the mobility at lower rate. I explained during this interview that I was due to undergo clinical assessments for ambulatory oxygen,( I now have to carry oxygen bottle wherever I go).
Woman who interviewed me seemed to pay no attention to anything that I had sent to them in the review form within which I went to some lengths to explain how my conditions had gotten worse and how these were affecting me.
I was awarded PIP at the age of 64 I'm now nearly 67. Having heard some stories of people losing benefits because of appeals, I'm not sure how to move forward.

I'll take any advice I can get.

Thanks

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7 years 3 weeks ago #183537 by Gordon
Replied by Gordon on topic PIP review
S

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


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 3 weeks ago #183556 by David
Replied by David on topic PIP review
Hi Stephen
As you are now over retirement age, this is your last chance to improve your mobility compoment to the enhanced rate if appropriate. I am no expert but with the possibility of your needing ambulatory oxygen, you may be able to get enhanced rate but only if you do it now, on this appeal.

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7 years 3 weeks ago #183600 by Gordon
Replied by Gordon on topic PIP review

David wrote: Hi Stephen
As you are now over retirement age, this is your last chance to improve your mobility compoment to the enhanced rate if appropriate. I am no expert but with the possibility of your needing ambulatory oxygen, you may be able to get enhanced rate but only if you do it now, on this appeal.


I think if you read Stephen's original post you will find that he is now 67 and this is a reassessment of an existing award, so it is now too late for him to receive an increased Mobility award.

Gordon

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

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7 years 3 weeks ago #183610 by David
Replied by David on topic PIP review
MY apoligies if I misunderstand, perhaps you would clarify , as the origional award was made at 64, with a low rate mobility. this is the first time since reaching retirement age that the claim has been revued. Is it then just a first claim for DLA to PIP after retiring that this applies to?

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7 years 3 weeks ago #183664 by Gordon
Replied by Gordon on topic PIP review

David wrote: MY apoligies if I misunderstand, perhaps you would clarify , as the origional award was made at 64, with a low rate mobility. this is the first time since reaching retirement age that the claim has been revued. Is it then just a first claim for DLA to PIP after retiring that this applies to?


The PIP Transitional Regulations suspend the restrictions linked to the claimant being over 65 when they are invited to claim PIP for the first time.

Gordon

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

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