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Advice re PIP please

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4 years 2 months ago #255754 by Barbarag
Advice re PIP please was created by Barbarag
Good morning. I wonder if anyone would be so kind as to offer some advice. I have a claim for PIP and have had the telephone assessment. I have received a text from the DWP explaining the assessor has now submitted a report and can expect a decision within 8 weeks.
I felt the interview didnt go too well as I felt I wasnt given the opportunity to raise points as I felt I should have.
My first question is, can I request a copy of the assessors report before any decision, and if so how, I am struggling to navigate the guides and am hoping to find a template specific to this request..
My second query is, I reach state mention age in June. If I am unsuccesful in my claim, do I pursue with a Tribunal, or do I revert to claiming for attendance allowance?
I would appreciate some guidance my questions, thank you.

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4 years 2 months ago #255763 by LL26
Replied by LL26 on topic Advice re PIP please
Hi Barbarag,

Thank you for your post, and welcome to Benefits and Work.

There is no specific template to ask for the assessor's report. Simply phone DWP (PIP) and ask for a copy - the report is normally referred to as PA4. It may take a while to arrive, but the good thing is, that hopefully this will arrive to coincide with the DWP decision - if you need to make an appeal it will be ready to refer to!

Your age is an important consideration. Firstly Attendance Allowance does not comprise any mobility element, so if you decided not to pursue PIP then you could only get the the equivalent for standard/enhanced Daily Living. Secondly, in a similar way, whilst PIP can continue to be paid after age of 65, if awarded whilst under that age, the mobility award 'freezes' after age 65. What this means is that whatever mobility award you get now can never be increased, although standard daily living could be increased to enhanced if your health deteriorates. So, if you have poor mobility now and were eligible to receive standard mobility, this is the highest level you could remain at , assuming you had ongoing mobility problems. If you had very poor mobility and achieved enhanced rate now, then this could continue indefinitely.

Your birthday is in June, but you have already applied for PIP, so it will not matter that you receive your decision after that time. If you are successful, PIP will be back dated to the date of claim (or when DLA stopped if you were previously receiving that before PIP.) Hence I think it is important to consider your mobility needs (and this would include planning/following journeys as well as physical walking.) If you have any sort of mobility needs, particularly if you have identified these and mentioned them on your claim form, then if you do not pursue PIP, you will not be able to get additional benefit to represent these difficulties.

It is entirely possible that DWP will refuse your award (although of course, it is equally possible that they will grant PIP!) I In the event of either a refusal or award that is too low, then it is crucial to take on an appeal to achieve benefit in respect of mobility needs, there will be no other chance.

If you do need to appeal, the first step is to make a Mandatory reconsideration. This can be done over the phone, but is best done in writing. Explain what is wrong with the decision, referring to the assessment report where appropriate. Rather than nit pick every point, decide what is the major issue - and highlight where the assessor has made the worst errors. If you have any extra medical reports, please send them, this may help. You need to send in the Mandatory Reconsideration within 1 month of the date of the decision notice. If PIP is not awarded/increased after MR, then you need to apply to appeal to the Tribunal.

I am sorry that you found the Members Guides confusing. Benefits claims of all types can be quite daunting, and especially with PIP there is a lot of information that claimants need to be aware of, I guess that sometimes means there is a lot to take in!

At the moment, just ask for a copy of the assessment report. Try not to worry about the decision, as it may be favourable. If you do need to send in an MR letter, then perhaps you should take detailed advice from CAB or similar - it is likely that the advisor will be able to assist with the MR letter, and may be able to write this for you. He/she may also be able to assist with an appeal to the tribunal if this actually required.

I hope this helps, good luck!

LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Barbarag

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4 years 2 months ago #255774 by Barbarag
Replied by Barbarag on topic Advice re PIP please
Thank you for your response, which was comprehensive, easy to understand, and most helpful :)

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4 years 2 months ago #255788 by denby
Replied by denby on topic Advice re PIP please
Hello Barbarag, just a friendly extra tip from not a mod but a veteran. In case you get one of the several call centre clerks who play awkward and say you 'must wait for the decision' or otherwise refuse the PA4 assessment report [unless you live in NI, you ARE entitled to it]. If they refuse, just thank them sweetly and hang up. Try again a few minutes later until you get one who agrees. Do call ASAP as they tend to post 2nd class and post isn't running well everywhere. When it arrives a highlighter pen can be very useful for going through it to identify errors and omissions.
If there are significant problems with it, you can write in, also ASAP, to challenge the report BEFORE the decision maker does their bit based on a flawed report. If you do this, keep the tone unemotional and systematically reference each piece of your evidence they have ignored or, err, "misinterpreted." You can add things such as references to NHS webpages describing levels of pain relief if appropriate.
Best wishes with your claim, Denby

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