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Pip mandatory recon
- Sandra
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6 years 11 months ago #188534 by Sandra
Pip mandatory recon was created by Sandra
Hi I was on enhanced mobility on dla but have now been awarded standard on pip. I explained all in my form and provided dr and other reports but the decision maker noted that I can walk short distances based on me being on moderate pain relief and being taken out for coffee. The assessor could see the pain I was in but there is no mention in the decision, I was not observed walking and I informed them of my falling due to my right side hemiplegia and I don't take anything for my anxiety but that is because I don't go out alone. It seems the decision has been made only on the medication I take. Any advice would be welcomed.
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- Gordon
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6 years 11 months ago #188551 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip mandatory recon
Sandra
It may be down to how you have described your problems, claimants are not required to complete the PIP activities pain free but any pain that limits their ability to complete an activity should be taken into account.
Did you use any of the phrases that come under the heading of "reliably"?
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
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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;
"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
It may be down to how you have described your problems, claimants are not required to complete the PIP activities pain free but any pain that limits their ability to complete an activity should be taken into account.
Did you use any of the phrases that come under the heading of "reliably"?
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
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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;
"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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