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PIP Appeal
- Cakebaker
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8 years 3 months ago #147437 by Cakebaker
PIP Appeal was created by Cakebaker
Hi, I am asking for some help regarding a PIP appeal. My son 24 who has Ehlers Danlos and severe postural orthostatic tachycardia heard on Christmas Eve that he had scored 0 for both mobility and care components of PIP. He was previously on higher rate mobility and middle care of DLA. He is definitely not able to care for himself for so many reasons and my husband was forced to take early retirement to care for him. We have phoned and also written to confirm that we want to appeal the decision and to request a full copy of the assesment findings. I phoned today to request that we are given time to respond to the full assesment transcript before he is seen again but I was told that he would never be seen again it is purely a re read of the evidence by another person. Is this correct? I thought we would be able to see another assessor.
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8 years 3 months ago #147453 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal
CJ
Welcome to the forum.
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Unless you can show that there are fundamental issues with original assessment report, which happens only rarely, then the DWP have no reason to require a new report to be done
You say that you have appealed, 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 and 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
Welcome to the forum.
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?
Unless you can show that there are fundamental issues with original assessment report, which happens only rarely, then the DWP have no reason to require a new report to be done
You say that you have appealed, 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 and 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
The following user(s) said Thank You: Cakebaker
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