- Posts: 3
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Lost everything.Need advice please
8 years 3 months ago - 8 years 3 months ago #148740 by
Hi M,
Welcome to Benefits and Work
I am sorry to hear this !
We have been seeing similar from many members since the full roll out of The DLA to PIP transfer process began in earnest.
At this time, I will offer you some generic advice which I post for all members in a similar situation :
You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.
Sending Documents to the DWP.
You could also ring the PIP Helpline :
Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm
To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.
If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :
You can do this using a SAR Form :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
You should not miss your one month deadline if The PA4 has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.
Obviously if you have no current PIP Award, there is no risk involved.
See : PIP MR/Appeals Guidance.
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)
You should do this using copy of The MR Notice letter and the : SSCS 1 Form (Download Link)
All this is explained in our PIP Appeals Guidance
In the MR request and any subsequent Appeal you should concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided.
You should take into account that the PIP DM is not medically qualified at all, so the easier that you can make it for them to understand the limitations that you suffer as a result of your medical conditions, and how those limitations score you the required points under the appropriate scoring PIP Descriptor for each applicable PIP Activity, the better your chance of success.
Once you have the PA4, you can pose any counter arguments to the PIP Assessors recommendations in The PA4.
e.g. If they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so Reliably and Safely for The Majority of Days
If the Assessor has stated that they witnessed you Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!
Try and keep you counter arguments relevant to The PIP Activities/Descriptors where you would have expected to score points or more points than you were actually awarded.
See also : PIP Self Test
PIP Points Scoring System
&
PIP Claims Guide. (2nd Link down the page)
Once you have read through the information above, you can pose any queries that you have by replying to this topic.
You might want to Bookmark/Favourite this page in your Internet Browser so that you can return to your topic easily.
bro58
Replied by on topic Lost everything.Need advice please
Millie wrote: Hi, my wife was on both highest rates of DLA for indefinite.
We received the dreaded brown envelope yesterday can't believe she has lost everything. Her score for every individual section of PIP was ZERO. I'm lost for words please help.
My wife has suffered with M.E. for 13 years now and the past 2 years with Hypothyroidism. On the letter it states she is not entitled to PIP from 3/11/15 but we hadn't even sent our forms back or had her assessment by then ? I filled in the forms as she isn't able to do any of this for herself. On the form I put that she can't walk more than 20 meters without a rest, the assessor never asked my wife to walk at all, however on reply they say she can stand and walk more than 200 meters. How can they have come to this conclusion? I have phoned for a mandatory reconsideration can anyone please advise me as to what I have to do as we've never done this before. This is my first post on this site. Hope I've written it ok.
Hi M,
Welcome to Benefits and Work
I am sorry to hear this !
We have been seeing similar from many members since the full roll out of The DLA to PIP transfer process began in earnest.
At this time, I will offer you some generic advice which I post for all members in a similar situation :
You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.
Sending Documents to the DWP.
You could also ring the PIP Helpline :
Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm
To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.
If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :
You can do this using a SAR Form :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
You should not miss your one month deadline if The PA4 has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.
Obviously if you have no current PIP Award, there is no risk involved.
See : PIP MR/Appeals Guidance.
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)
You should do this using copy of The MR Notice letter and the : SSCS 1 Form (Download Link)
All this is explained in our PIP Appeals Guidance
In the MR request and any subsequent Appeal you should concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided.
You should take into account that the PIP DM is not medically qualified at all, so the easier that you can make it for them to understand the limitations that you suffer as a result of your medical conditions, and how those limitations score you the required points under the appropriate scoring PIP Descriptor for each applicable PIP Activity, the better your chance of success.
Once you have the PA4, you can pose any counter arguments to the PIP Assessors recommendations in The PA4.
e.g. If they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so Reliably and Safely for The Majority of Days
If the Assessor has stated that they witnessed you Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!
Try and keep you counter arguments relevant to The PIP Activities/Descriptors where you would have expected to score points or more points than you were actually awarded.
See also : PIP Self Test
PIP Points Scoring System
&
PIP Claims Guide. (2nd Link down the page)
Once you have read through the information above, you can pose any queries that you have by replying to this topic.
You might want to Bookmark/Favourite this page in your Internet Browser so that you can return to your topic easily.
bro58
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