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from middle rate dla to 2 points pip assessment

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7 years 2 weeks ago #186862 by caron
i am going to do a mandatory reconsideration and since pip assessment i have been diagnosed with a lung disease called bronchiectasis i had original dla for ptsd and severe depression can you give any advice please

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7 years 2 weeks ago #186913 by Gordon
Caron

If you were suffering from the effects of the Bronchiectasis at the time that you were assessed and included the symptoms in your PIP2, then in principle the DWP will have considered this as part of your assessment, although a diagnosis letter may change their view on the level of difficulty that you experience.

If it was not included then you cannot use the letter as part of your MR or any appeal you make as those looking at your claim can only consider your conditions as they were at the time of the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 weeks ago #186957 by caron
Thank you for the reply i do have Copd on original form, i was unwell with a high temperature on medical but examiner never mentioned it at all infact a few days later i went to A&E and had Pneumonia also he never asked or mentioned anything at all about depression or Ptsd forgot to say when doctor told me about Bronchiectasis she also said i had partial collapsed lung which is irripairable. I was on indefinite DLA before PIP assessment to be honest on my original form i just filled in basic information about illness not much about how it affects daily life i think that is where i may have have gone wrong i only have about a week left to send of reconsideration

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7 years 2 weeks ago #186976 by Gordon

caron wrote: Thank you for the reply i do have Copd on original form, i was unwell with a high temperature on medical but examiner never mentioned it at all infact a few days later i went to A&E and had Pneumonia also he never asked or mentioned anything at all about depression or Ptsd forgot to say when doctor told me about Bronchiectasis she also said i had partial collapsed lung which is irripairable. I was on indefinite DLA before PIP assessment to be honest on my original form i just filled in basic information about illness not much about how it affects daily life i think that is where i may have have gone wrong i only have about a week left to send of reconsideration


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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