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PIP claim and evidence

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7 years 2 months ago #180224 by Perdita
Replied by Perdita on topic PIP claim and evidence
Thank you, is it rare that the reliability has not been taken into account. I believe that if the repeatedly part of the reliability had been taken into account I would have scored more points for the mobility regarding walking. This would have increased my score from 4 to 8 and hence an award. If I knew another DM actually understood the reliability aspect of a claim I would be tempted to go for a reconsideration. The whole thing has been scored inappropriately. (16 points short I believe on the daily living due to reliability not being taken into account. ) However, I would not like to risk a reconsideration if it is common for DMs not to understand the reliability aspect. Do you get a lot of feedback saying the reliability aspect has been ignored by the DM? I mean is there a high chance with a reconsideration that
another DM would make the same mistake?

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7 years 2 months ago #180241 by Gordon
Replied by Gordon on topic PIP claim and evidence
Cruella

I'm sorry but I can't make any definitive statement about whether DMs regularly ignore the reliability criteria but if you request an MR based on being unable to reliably complete the PIP activities then I would expect them to take these criteria into account.

However, even if they do it does not mean that an MR will revise the Decision in your favour so you also need to consider whether you would want to and were able to take the matter to appeal if necessary.

Gordon

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

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7 years 2 months ago #180266 by Perdita
Replied by Perdita on topic PIP claim and evidence
Thank you, I could not cope with an appeal, but I need to understand the reconsideration process. I mean could it involve in them insisting on another assessment, can you do a reconsideration and leave it after that point whatever the outcome. Does the claim start date change after a reconsideration has been done. Can a senior DM do the reconsideration

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7 years 2 months ago #180306 by Gordon
Replied by Gordon on topic PIP claim and evidence

Cruella wrote: Thank you, I could not cope with an appeal, but I need to understand the reconsideration process. I mean could it involve in them insisting on another assessment, can you do a reconsideration and leave it after that point whatever the outcome. Does the claim start date change after a reconsideration has been done. Can a senior DM do the reconsideration


There's no reason why they will do a new assessment unless you show that the report is fundamentally flawed.

The decision to pursue the matter beyond an MR is yours.

Both an MR and an Appeal re-make the original Decision, so the date stays the same.

Another DM should carry out the MR.

Gordon

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

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7 years 2 months ago #180313 by Perdita
Replied by Perdita on topic PIP claim and evidence
Thank you; the mobility bit is really bugging me now. With the new update of mh being more involved in planning and following a journey, I think it may be in my favour. But first of all, when exactly in Jan was that decided, I mean does that decision of taking mh into account have to have been made before the DM finalised my award? If my award was finalised before that new mh planning and following , would the new update of mh involved in planning and following have to be taken into account if I was to do MR now anyway

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7 years 2 months ago #180316 by Perdita
Replied by Perdita on topic PIP claim and evidence
My GP s evidence, statement of fact, which she wrote to support my not being able to get to a medical assessment refers to complex OCD and severe phobic anxiety and says she does not believe i could physically get to an assessment centre by any form of transport, taxi etc. Do you think as this was actually a letter about not being able to attend the medical face to face that it may not have been used with the normal evidence? Would they see this as good evidence for following a journey or do you think it is not specific enough regarding cognitive function?

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