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Please help - appeal application
- JMCDJ
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6 years 2 months ago #210573 by JMCDJ
Please help - appeal application was created by JMCDJ
Hi there, sorry this is quite long.
Unfortunately, following mandatory reconsideration, I've been advised that I am no longer eligible for the higher rate of mobility for PIP.
I am appealing this decision, but would really appreciate some advice before I complete the application with a view to returning it on Thursday - it's due by next Tuesday at the latest in line with the month time limit.
In the mandatory reconsideration letter, I stated that the assessor at the face-to-face assessment failed to report on the fact that I was required to stop on numerous occasions when moving to and from the assessment room, and that my mum had to steady my balance and hold my arm throughout. Instead, the assessor said I walked slowly - although she did say in her assessment that my mum was required to hold my arm.
The assessor also asked me how many times I would be able to make the journey to the assessment room. I said once on a good day, although I would need to stop multiple times. She made note of this, but still chose the 20 to 50 metres descriptor, despite me indicating I would not be able to do this journey repeatedly or reliably.
I explained in my mandatory reconsideration letter that I didn't just walk slowly, but was required to physically stop because of significant pain and in order to catch my breath. This was also mentioned in the audio recording I was permitted to take, and I did request in the mandatory reconsideration letter for the audio recording to be listened to to validate confirmation of this. I also explained in my mandatory reconsideration letter that I would not be able to do this journey repeatedly or reliably so that descriptor should not have been chosen.
The response to my mandatory reconsideration letter is very similar to the original response I received after my PIP assessment and makes no reference to the recording I requested they listen to. The letter also states I provided no additional supporting evidence, although I provided them with a further letter from my GP explaining my conditions and how these affect me.
Could anyone please advise whether the fact they have failed to mention the recording I requested them to listen to and the fact that I provided further evidence should be mentioned in the grounds for appeal section of the appeal application? I'm really unsure what to write and realise I need to get this back to them asap.
I'm so upset at the outcome of this and it now looks like I'm going to have to give up my job - I require my car to get there. I'm so distraught.
Many thanks,
Joe
Unfortunately, following mandatory reconsideration, I've been advised that I am no longer eligible for the higher rate of mobility for PIP.
I am appealing this decision, but would really appreciate some advice before I complete the application with a view to returning it on Thursday - it's due by next Tuesday at the latest in line with the month time limit.
In the mandatory reconsideration letter, I stated that the assessor at the face-to-face assessment failed to report on the fact that I was required to stop on numerous occasions when moving to and from the assessment room, and that my mum had to steady my balance and hold my arm throughout. Instead, the assessor said I walked slowly - although she did say in her assessment that my mum was required to hold my arm.
The assessor also asked me how many times I would be able to make the journey to the assessment room. I said once on a good day, although I would need to stop multiple times. She made note of this, but still chose the 20 to 50 metres descriptor, despite me indicating I would not be able to do this journey repeatedly or reliably.
I explained in my mandatory reconsideration letter that I didn't just walk slowly, but was required to physically stop because of significant pain and in order to catch my breath. This was also mentioned in the audio recording I was permitted to take, and I did request in the mandatory reconsideration letter for the audio recording to be listened to to validate confirmation of this. I also explained in my mandatory reconsideration letter that I would not be able to do this journey repeatedly or reliably so that descriptor should not have been chosen.
The response to my mandatory reconsideration letter is very similar to the original response I received after my PIP assessment and makes no reference to the recording I requested they listen to. The letter also states I provided no additional supporting evidence, although I provided them with a further letter from my GP explaining my conditions and how these affect me.
Could anyone please advise whether the fact they have failed to mention the recording I requested them to listen to and the fact that I provided further evidence should be mentioned in the grounds for appeal section of the appeal application? I'm really unsure what to write and realise I need to get this back to them asap.
I'm so upset at the outcome of this and it now looks like I'm going to have to give up my job - I require my car to get there. I'm so distraught.
Many thanks,
Joe
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- Gordon
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6 years 2 months ago #210575 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Please help - appeal application
JMCDJ
Your reasons for appeal have to be in regard the Decision but you don't have to go into detail. I wouldn't mention the recording at this stage, but you could in any submission that you make for the appeal.
There's a sample SSCS1 form in the PIP area under appeals that will give a better idea of what they are looking for.
If you decide to send a submission once your appeal is accepted and you have received the DWP's one, then you can go into more detail about your problems and deal with the issues in the report, so you can explain about your having to frequently stop.
An appeal panel will take a much more balanced view of the evidence than the DWP do.
Gordon
Your reasons for appeal have to be in regard the Decision but you don't have to go into detail. I wouldn't mention the recording at this stage, but you could in any submission that you make for the appeal.
There's a sample SSCS1 form in the PIP area under appeals that will give a better idea of what they are looking for.
If you decide to send a submission once your appeal is accepted and you have received the DWP's one, then you can go into more detail about your problems and deal with the issues in the report, so you can explain about your having to frequently stop.
An appeal panel will take a much more balanced view of the evidence than the DWP do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JMCDJ
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6 years 2 months ago #210580 by JMCDJ
Replied by JMCDJ on topic Please help - appeal application
Many thanks, Gordon, I'll take a look at the sample form tomorrow.
Your help is much appreciated.
Joe
Your help is much appreciated.
Joe
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