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mandatory reconsideration
- Wayney
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6 years 9 months ago #193443 by Wayney
mandatory reconsideration was created by Wayney
Hi members I'm new to the site and I would like some pip advice please
I have currently been awarded pip both daily living and mobility component however I feel I have been award the wrong rate on both components
Both awards have been awarded at basic rate
I feel the mobility award of 10 point did not relate to the pip test which I took prior to my assessment for reasons my own disantages
The pip test provided me with 12 points and I feel I have been singled out of this component
I have been in receipt of basic daily award for 2 years prior however I still had both reassessed despite the daily living component still had 1 yr before assessment was due
I have also been awarded for only two year period despite the previous 3 year period
I suffer with arthits in my knees and dislocation of my shoulder
I also have a mental health condition known as PTSD
Both disabilities have been with me for ovet 10 years however I realise these conditions are not getting better but they have declined as you can see from the leggy of time I have suffered from them
I wish to requests a mandatory reconsideration in due course but I would like to know if anyone could give me any advice as to the best way forward
Thanks
Wayne
I have currently been awarded pip both daily living and mobility component however I feel I have been award the wrong rate on both components
Both awards have been awarded at basic rate
I feel the mobility award of 10 point did not relate to the pip test which I took prior to my assessment for reasons my own disantages
The pip test provided me with 12 points and I feel I have been singled out of this component
I have been in receipt of basic daily award for 2 years prior however I still had both reassessed despite the daily living component still had 1 yr before assessment was due
I have also been awarded for only two year period despite the previous 3 year period
I suffer with arthits in my knees and dislocation of my shoulder
I also have a mental health condition known as PTSD
Both disabilities have been with me for ovet 10 years however I realise these conditions are not getting better but they have declined as you can see from the leggy of time I have suffered from them
I wish to requests a mandatory reconsideration in due course but I would like to know if anyone could give me any advice as to the best way forward
Thanks
Wayne
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- Gordon
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6 years 9 months ago #193497 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic mandatory reconsideration
Wayney
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
You don't say what activities you expected to score points for so it's difficult to offer any advice beyond your needing to be able to complete them reliably and on the majority of days.
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, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
You don't say what activities you expected to score points for so it's difficult to offer any advice beyond your needing to be able to complete them reliably and on the majority of days.
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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