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Not The Result I Wanted
- truecrimequeen
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7 years 1 week ago #187020 by truecrimequeen
Not The Result I Wanted was created by truecrimequeen
Finally got my PIP award letter last Friday. Whilst I've retained my enhanced mobility, meaning I don't lose my car, blue badge and bus pass, they've downgraded me from enhanced to standard daily living, meaning I lose £120 a month. I just cannot understand the logic behind this. If I were 'deserving' of higher rate care under DLA for the last nine years, how can I suddenly not be when I have a progressive, incurable condition which has actually got worse during those nine years? It totally defies any form of straight thinking or commonsense. Some of the stuff in the report comes across as positively bizarre. I was 'able to engage with the assessor' .... I was seen to be 'able to put my glasses on'. Big deal! I could do that nine years ago! How does that justify stripping me of money I need to pay for my laundry to be done, my incontinence aids, a friend to clean for me once a week and pre-prepared meals as I can no longer cook? Needless to say I will be jumping through the Mandatory Reconsideration hoop and then taking it to appeal. I've won before when I had to appeal being chucked out of the Support Group for ESA so I have some experience of the process.
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- Gordon
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7 years 1 week ago #187042 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Not The Result I Wanted
truecrimequeen
DLA HRC was awarded for fundamentally different reasons than PIP Enhanced Daily Living, so I'm afraid your receiving HRC has no bearing on the issue, you must argue that you still meet the requirement the Enhanced rate.
The Decision Letter should give you some idea of where you lost the points, but the assessors report, which you can request by contacting the DWP office dealing with your claim, will explain in more detail.
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
Your primary task is to show that you meet the criteria to score the 12 points required for an Enhanced award, 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
DLA HRC was awarded for fundamentally different reasons than PIP Enhanced Daily Living, so I'm afraid your receiving HRC has no bearing on the issue, you must argue that you still meet the requirement the Enhanced rate.
The Decision Letter should give you some idea of where you lost the points, but the assessors report, which you can request by contacting the DWP office dealing with your claim, will explain in more detail.
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
Your primary task is to show that you meet the criteria to score the 12 points required for an Enhanced award, 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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