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PIP Review MR - DWP Guidelines
- Sarah Maling
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3 years 9 months ago #261273 by Sarah Maling
PIP Review MR - DWP Guidelines was created by Sarah Maling
Hi, when I went to Tribunal last time I referred to the fact that on various occasions the Assessor and DWP didn’t follow the DWP Guidelines. Didn’t do it at MR last time as didn’t have the info then. Don’t know whether to go all guns blazing at MR this time and point out all the Guidelines etc that the Assessor (and the DWP case manager) haven’t followed/ignored or just point out all the rubbish in the PA4 etc and leave some ammunition incase I got to Tribunal. Also don’t want to sound too stroppy and don’t know if I’ll seem that by doing this! Cos if i go all guns blazing now I’ve got nothing left for a Tribunal?!? Had Me/CFS for 30yrs so distinct lack of up to date medical info and basically all reliant on my testimony as to how my condition affects me which as usual is never good enough for DWP even though it should be and doesn’t help with all the rubbish written in PA4!! Sorry this got a bit long!
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- Gary
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3 years 9 months ago #261301 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Review MR - DWP Guidelines
Hi Sarah
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
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, half way down the page 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
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.
Gary
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
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, half way down the page 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
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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sarah Maling
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- LL26
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3 years 9 months ago #261319 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP Review MR - DWP Guidelines
Hi Sarah,
What Gary has said is totally correct, but there is one extra thing to add.
You mention that DWP has gone against its guidelines. Although fir the most part the guidelines do actually reflect the law sometimes they do not, even though DWP might pretend otherwise. Don’t concentrate on whether DWP deviated from their guidance, but go through their decision matching it with the correct law as set out in the members guides. Use bullet points and don't be scared to set out which descriptor you believe to be correct and why, and the points to be scored.
Good luck.
LL26
What Gary has said is totally correct, but there is one extra thing to add.
You mention that DWP has gone against its guidelines. Although fir the most part the guidelines do actually reflect the law sometimes they do not, even though DWP might pretend otherwise. Don’t concentrate on whether DWP deviated from their guidance, but go through their decision matching it with the correct law as set out in the members guides. Use bullet points and don't be scared to set out which descriptor you believe to be correct and why, and the points to be scored.
Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, Sarah Maling
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