DLA ended, found out by by Council Tax letter

BW59 wrote: That has been v.helpful. Earlier today DWP said I had to wait for letter, but after your reply I rang back without saying letter not arrived, and reconsideration was registered immediately and report request activated.

Going back to my med. exam - at end, examiner said rise out of chair if you wish but can choose not to, I chose latter for good reasons, and he did stress no problem. Question that arises is: could I have been duped into 'refusing'?

I'm sure it is not an issue, you are entitled to refuse any activity that would cause you anxiety or pain.

Gordon

BW

Sorry to hear the claim was not successful.

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

BW59 wrote: They said on phone last night they actioned my MR over the phone - need I worry this had not been done?

Assessor did not ask me to walk, buy specifically asked how many minutes I could walk for, not distance.

I truthfully told him I could not quantify achievable duration but could confidently tell him I could not manage any duration at all that was not free of pain/extreme stiffness/difficult gait/leg weakness/other and need to stop/steady myself with threat of fall. My daughter said same with instances.

Will let you know what Report discloses, thank you for your kind support.

We do regularly hear from members who made their MR request over the phone only to find it has been "lost", I would advise you send them a letter in confirmation of the call stating that you are indeed requesting an MR. Also, if you intend to provide additional information for the MR then you should make this clear in the letter, they should give you four weeks to do this although sooner is better, otherwise you risk them deciding on the MR before you have had a chance to send anything in.

The "walking" is just an example of fact versus opinion that you may see in the assessment report.

Gordon