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Pip refused, been getting dla for 5 yrs. help?
- Lorrain
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8 years 2 months ago #149549 by Lorrain
Pip refused, been getting dla for 5 yrs. help? was created by Lorrain
Can anyone help. I have been getting low rate dla for 5 years because my hands have arthritis and and cannot cook a meal. Over the last 5 years I have got a lot worse so decided to put in a claim for pip before they called me for the automatic transfer over. I have read all the notes on here, I have told the total truth, had a face to face and just received my decision.
They have decided I will now get absolutely nothing. In their explanation, which is complete crap, they have made decisions on things that don't match what I told the assessor nor wheat I have put in my forms.
So I'm going to go for a reconsideration.....
What I would like to know is, what do I say when I write to them? Do I give my reasons for disagreeing or do I wait till the tribunal?
Thank you in advance
They have decided I will now get absolutely nothing. In their explanation, which is complete crap, they have made decisions on things that don't match what I told the assessor nor wheat I have put in my forms.
So I'm going to go for a reconsideration.....
What I would like to know is, what do I say when I write to them? Do I give my reasons for disagreeing or do I wait till the tribunal?
Thank you in advance
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- Gordon
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8 years 2 months ago #149561 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip refused, been getting dla for 5 yrs. help?
Lorrain
An immediate point for you to consider is that PIP has no equivalent to DLA Lower Rate Care so any award would have to be based on a deterioration in your conditions.
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
An immediate point for you to consider is that PIP has no equivalent to DLA Lower Rate Care so any award would have to be based on a deterioration in your conditions.
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: Lorrain
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