mandatory reconsideration

saud wrote: thanks gordon
by the way it is pip which we applied for

Sorry I thought you were in N. Ireland.

So my comments about HRC still stand, it is one of the areas that many claimants will lose on transfer if they have medium care needs both day and night, that medium care need will most likely to transfer into a standard award for PIP which takes no account of when the care is needed.

What did she score for Mobility?

Gordon

Saud

You are using DLA terms to describe a PIP award, that's why I am providing the wrong information!

So she had Enhanced Daily Living and Standard Mobility and this was reduced following the reassessment to just Standard Daily Living?

Was the original Standard Mobility scored for the Going Out activity or the Moving Around activity or both?

Did you complete the latest PIP2 in detail or only in regard the change?

Did you provide evidence to support her original award or only new evidence of her reduced mobility?

Gordon

saud wrote: orignal mobility was scored 4 points for going out and 4 points for not being able to walk more then 200 meters.

i completed only in regards to change.

i provided a letter from social services saying she is not able to walk more then 10 meters and needs supervisor outside all the time

If you only included the changes in the latest PIP2 then that is likely why her claim has been reduced.

Each reassessment is a full review of the claimants limitations at that point in tine, those assessing have no legal obligation to look at any previous assessment and rarely do, so it is likely that when they looked at the latest PIP2 there was no context to the changes you documented and they marked her down as a result.

The only realistic way forward is for you to produce the content that should have been included, I assume this is in the last PIP2 in the hope that the old and new information together is sufficient to reset the award.

The problem is that DMs have a habit of assuming that the PIP2 they have received is the most accurate picture of the claimants problems and that information supplied as part of an MR is the claimants playing catch up, so there is a good chance that the award will not be revised and she will have to go to appeal where they are far more likely to understand what has happened.

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 her 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.

I would try and stick to the same format as the PIP2 so start with Preparing Food and end with Moving Around and remember to include everything from the first PIP2, updated as necessary to how she is now, you should also send any evidence that you submitted with the first PIP2 if still relevant.

Gordon