Obtaining Evidence

Just got back on here. thanks for all the replies . Should make it clear I am going from DLA to PIP. My concern was that by asking for a mandatory review could they reduce what I have already been awarded? Standard Care Enhanced Mobility. I am so afraid they could do this almost as an act of spite as I do not trust the DWP.

When I phoned the lady told me if I wanted a review just to ask for the care component to be looked at again. I have be given 8 points I need help dressing and in and out of bath. However they just said I could use an aid for that ( No room small bathroom) and also said I use an aid to dress. I told the ATOS woman I needed help dressing and it was also put on my form the assessor ignored that . All they awarded was for help washing hair or lower body. Even though on the letter the put the Atos examiner and it is started I have "Reduced abduction in arms"

The clock is ticking . My daughter has produced a draft letter. I don't know whether the rheumatologist can help as I recently had a very unhelpful unpleasant consultation with an associate specialist I had not seen before which ended up me making a formal complaint. Maybe one of the rheumatology nurses who I see more frequently could help but I a,m nervous to put them to any trouble. Thoughts please much appeciated

I am deciding over the next day or two whether to ask for a mandatory reconsiderationon my PIP award I have a lot of inconstancies on my award letter. I have Rheumatoid Arthritis COPD. I have asked other questions in another thread many thanks for the answers.

They have awarded Enhanced Mobility Standard Care. was on DLA lifetime award.

I obtained 8 points for care. I even had two points awarded as I need to used a toilet aid as flexing my arm back is nigh impossible. However they only award two points for dressing even though i need assistance -just say I need to use an aid. Also i need help in and out of bath but no points for that - just use an aid A real inconsistency on the decision here

If I contact my Rheumatology nurse or GP is she legally bound to send a supporting letter to me as evidence or can they refuse. I feel guilty for asking them as I know they are so busy. These people really only treat symptoms and do not have great knowledge of daily routine but they do know I need this help. I am still weighing up the risk of an MR as they could I suppose find against me and reduce what i have been awarded .. that would need me to appeal which given my low confidence levels would be really distressing Such a catch 22 Would I be better getting evidence anyway. I haven't applied for a SAR yet but will do so if I ask for an MR I have about 6 days to decide!! Thoughts please!!!!

CatLover wrote: I am deciding over the next day or two whether to ask for a mandatory reconsiderationon my PIP award I have a lot of inconstancies on my award letter. I have Rheumatoid Arthritis COPD. I have asked other questions in another thread many thanks for the answers.

They have awarded Enhanced Mobility Standard Care. was on DLA lifetime award.

I obtained 8 points for care. I even had two points awarded as I need to used a toilet aid as flexing my arm back is nigh impossible. However they only award two points for dressing even though i need assistance -just say I need to use an aid. Also i need help in and out of bath but no points for that - just use an aid A real inconsistency on the decision here

If I contact my Rheumatology nurse or GP is she legally bound to send a supporting letter to me as evidence or can they refuse. I feel guilty for asking them as I know they are so busy. These people really only treat symptoms and do not have great knowledge of daily routine but they do know I need this help. I am still weighing up the risk of an MR as they could I suppose find against me and reduce what i have been awarded .. that would need me to appeal which given my low confidence levels would be really distressing Such a catch 22 Would I be better getting evidence anyway. I haven't applied for a SAR yet but will do so if I ask for an MR I have about 6 days to decide!! Thoughts please!!!!

Hi CL,

Yes, I will merge your previous PIP topic with this one for continuity !

Any treating HCP, including the Rhumy Nurse and your G.P. are not contractually obliged to provide you with letters/reports supporting your PIP claim even if you offer to pay.

So it depends on the individual !!

Examples of the type of letter that you are looking for can be found in This Post and This Post

Never mind them "being busy" this is very important to you !!

If they refuse, you can request copy of your records and use relevant extracts from those, which cannot be refused :

Requesting your medical records

Charging for medical records

Only you can decide whether or not to request an MR, but here is some generic advice that I laways offer.

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 can then pose any counter arguments to the PIP Assessors recommendations, for example 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 !!

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.

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

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 which indicates that you should have.

See also : PIP Self Test

PIP Points Scoring System

&

PIP Claims Guide. (2nd Link down the page)

You should Bookmark/Favourite this page in your Internet Browser now. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic !

bro58