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Ap PIP award 0. Previously enhanced rate on both
- k benson
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8 years 10 months ago #160805 by k benson
Ap PIP award 0. Previously enhanced rate on both was created by k benson
I have cancer, a Mastectomy & axillary clearnce , chemotherapy - Fec & Docetaxal 6 cycles, 21 day cycles / 3 of each, on each cycle , I was given Nuelasta injection , after each cycle, and Tamoxifen daily for 5 years. I then had daily cycles of radiotherapy - a month long session . I am a single parent.of a 12 year old child.
I claimed ESA on 1st April 14. I had sent a ESA50 . this filled only on the back by my GP and sent back. I the was sent a Med3 form to fill in ( I was not employed at the time) but had the Doctor fill it in , and sent it back. I do not remember much during this time. I claimed pip in August 14 . I was awarded PIP at the enhanced rates. I had complained to the DWP about receiving another PIP claim from to fill in - I was assured this was correct. In March 2016 .. then I received 3 appointment's for reassessments in 1 month . The Assessor had decided to change all the descriptors except 1. For Toilet needs. It also appears that I have been assessed on Mental Health grounds? that I have not got.
I asked for a copy of the PA4 report.. I had told them when I had to fill in the how disability affects you- I couldn't write properly and took my new medication to show them ,Gabapentin .for a numb arm and cramps . I have asked for Man Rec but have heard nothing . Should I have listed as srti?
I claimed ESA on 1st April 14. I had sent a ESA50 . this filled only on the back by my GP and sent back. I the was sent a Med3 form to fill in ( I was not employed at the time) but had the Doctor fill it in , and sent it back. I do not remember much during this time. I claimed pip in August 14 . I was awarded PIP at the enhanced rates. I had complained to the DWP about receiving another PIP claim from to fill in - I was assured this was correct. In March 2016 .. then I received 3 appointment's for reassessments in 1 month . The Assessor had decided to change all the descriptors except 1. For Toilet needs. It also appears that I have been assessed on Mental Health grounds? that I have not got.
I asked for a copy of the PA4 report.. I had told them when I had to fill in the how disability affects you- I couldn't write properly and took my new medication to show them ,Gabapentin .for a numb arm and cramps . I have asked for Man Rec but have heard nothing . Should I have listed as srti?
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- Gordon
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8 years 10 months ago #160825 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Ap PIP award 0. Previously enhanced rate on both
K
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
For the Special Rules to apply there would have to be a reasonable expectation of death within six months, this is usually documented by the issuing of a DS1500.
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, the PIP area also has 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
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
For the Special Rules to apply there would have to be a reasonable expectation of death within six months, this is usually documented by the issuing of a DS1500.
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, the PIP area also has 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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