PIP refused at Mandatory Consideration

parsnip-pie

Without sight of any of the paperwork it's difficult offer any detailed answer, you say that your daughter is visually impaired did you provide did you provide any certification of this? It's possible that the DM felt that the original assessor had misapplied the law? There's a big gap between the 2 point Descriptor for the Reading activity and the 8 point one.

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

parsnip-pie wrote: Thanks Gordon...

I have actually already had the mandatory reconsideration, and they are sticking with their original decision. I will now have to go to appeal I guess.

I did supply the certification of visual impairment, and also a letter from the consultant ophthalmologist in support of her claim.

I have the copy of the report and to a large extent it appears that the findings and suggested points have been ignored by the DM. I can't understand why they send a HP to write a report if they are going to go against their recommendations.

The HP reports that my daughter requires supervision when eating to avoid choking on items of food that are too large, but the DM has decided that as she has normal strength in her arms, she can cut the food up adequately (even though the issues is she can't see to do it!!!!)

It makes no sense x

Sorry trying to eat and read at the same time.

The PIP Appeal guide has a link to the form that you will need to complete in order to request an appeal and an explanation of how to complete the form.

A quick comment on the Eating and Drinking activity, neither argument; the HPs or the DMs seems to be relevant, it would seem that "assistance" would be the relevant Descriptor.

Gordon