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Going to Appeal

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5 years 11 months ago #218818 by John
Going to Appeal was created by John
I was awarded DWP indefinite award in 2009 (middle care and highest mobility) and my health has worsened over the years. I was successful in getting standard care and standard mobility. I suffer from severe chronic cervical spondylosis Between C2-C7 and lower back, sclerosis and wide spread osteoarthritis. When I received the Medical assessors report I was shocked to see false statements she had made, e assessor's medical is write. I then applied for reconsideration and mandatory reconsideration they acknowledged some things but did not change the scoring at all. Although one did comment that they were not going to pay for me to be driven around in a car. I also have problems with short term memory loss for which I am still being assessed and they did not acknowledge it at all. Can you offer any assistance, advice etc.


Regards,

John

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5 years 11 months ago #218831 by Gordon
Replied by Gordon on topic Going to Appeal
John

The direct translation of a DLA HRM award is a Standard PIP Mobility award so you will need to show that you meet the criteria for the Enhanced rate, this means showing that you cannot reliably walk more than 20m on the majority of days. Can you do this?

As to receiving a higher Daily Living award, I would need to understand what you scored and where you expected to score higher.

The next stage of the process is an appeal. The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

If you have further questions then please reply to this post 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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