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PIP MANDATORY RECONSIDERATION
- Cheekyvikster
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8 years 6 months ago #171454 by Cheekyvikster
PIP MANDATORY RECONSIDERATION was created by Cheekyvikster
Hi there,
I've just received my PIP award notice and have been awarded standard rate mobiliity (8 points). I only scored 4 points for care which was 90% of what my form and evidence was based on. I'm now in a dilema as to whether I should ask for the claim to be reconsidered or not. Can the whole award be taken off me if I ask for this? I am so reliant on receiving PIP to survive I am terrified that it is taken off me so I do not know whether to query this or not?
I'd be very grateful for any help or advice possible.
Vx
I've just received my PIP award notice and have been awarded standard rate mobiliity (8 points). I only scored 4 points for care which was 90% of what my form and evidence was based on. I'm now in a dilema as to whether I should ask for the claim to be reconsidered or not. Can the whole award be taken off me if I ask for this? I am so reliant on receiving PIP to survive I am terrified that it is taken off me so I do not know whether to query this or not?
I'd be very grateful for any help or advice possible.
Vx
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- Gordon
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8 years 6 months ago #171475 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP MANDATORY RECONSIDERATION
Vikki
Sorry to hear that the award was not what you wanted. There is a risk when asking for an MR and appealing that the existing award can be removed, we do not see it often but it does happen.
If you want to pursue the matter then 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
Sorry to hear that the award was not what you wanted. There is a risk when asking for an MR and appealing that the existing award can be removed, we do not see it often but it does happen.
If you want to pursue the matter then 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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