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PIP mandatory reconsideration

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8 years 3 months ago #147145 by Deg Peard
PIP mandatory reconsideration was created by Deg Peard
I am wondering what the time scale of waiting for a medical might be once you have returned the forms to reassess from dla to pip? thanks

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8 years 3 months ago #147162 by Gordon
Replied by Gordon on topic PIP mandatory reconsideration

Deg Peard wrote: I am wondering what the time scale of waiting for a medical might be once you have returned the forms to reassess from dla to pip? thanks


There will probably be some delays as they catch up from Christmas so I would expect 3-6 weeks.

Gordon

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8 years 1 month ago #154985 by Deg Peard
Replied by Deg Peard on topic PIP mandatory reconsideration
Just received news DLA to PIP unsuccessful, this due to assessors report brimming with lies, omissions and inaccuracies! Having to ask for reconsideration now.
As my wife is in receipt of ESA support group will this affect her benefits? Would the change of my own DLA mean that the dwp may try to force my wife into claiming universal credit as a result? Thankyou

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8 years 1 month ago #154993 by Gordon
Replied by Gordon on topic PIP mandatory reconsideration

Deg Peard wrote: Just received news DLA to PIP unsuccessful, this due to assessors report brimming with lies, omissions and inaccuracies! Having to ask for reconsideration now.
As my wife is in receipt of ESA support group will this affect her benefits? Would the change of my own DLA mean that the dwp may try to force my wife into claiming universal credit as a result? Thankyou


Your PIP claim and your wife's ESA one are completely separate, even if you are consider to be part of her claim, there would be no reason why this would result in a transfer to Universal Credit.

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

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8 years 1 month ago #154997 by Deg Peard
Replied by Deg Peard on topic PIP mandatory reconsideration
Thankyou for reply. Just to clarify my first question though. I have read that if there is a 'change in circumstances' eg my own dla-pip being unsuccessful, that my wife who is in receipt of esa support group and dla would still have to contact the dwp and let me know. (even though my wifes own circumstances have not changed). I have heard that ANY 'change in circumstances' would now trigger her own esa support group and dla to be taken away from her and that she would be forced into applying for universal credit. This would only be due to a 'change in circumstances' to the household income but could then put her in a different grouping for stopping her benefits to migrate her to universal credit. A very devastating and life threatening possibility? Help! Thankyou

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8 years 1 month ago #155012 by Gordon
Replied by Gordon on topic PIP mandatory reconsideration
DP

ESA under UC is only live in two trial areas in London and even then it is only for new claims, no existing ESA claimants are being transferred at this time.

Does your wife receive any premiums as a result of your DLA, particular the Severe Disability Premium? If she does then your DLA claim being closed may affect the payment of this Premium.

If she is not receiving any Premiums then she must be receiving Contribution Based ESA only, in which case she does not come under the UC umbrella anyway as it is only Income Based ESA that is affected.

Gordon

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

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