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DLA to PIP Brown envelope finally arrived 0 points

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6 years 11 months ago #189000 by Gordon
Mobba

The first thing is that you need to be prepared to take this to appeal, revisions rates at MR are low as the DWP prioritise the assessors report over any of the other evidence.

As to your MR, concentrate first on making sure that you have shown that you meet the criteria to score points, go back to the Descriptors and to see what you need to have shown, it can help if you echo some of the language used.

Make sure that you have considered the use of "reliably" and it terms and if applicable; "on the majority of days".

I'm not saying to ignore the report but it should be a secondary concern as even if you prove it is inaccurate it is unlikely to result in your scoring points. That said there may be issues that you need to address but try to deal with factual issues rather arguing with the assessor over their opinions, as the latter is unlikely to be successful.

Gordon

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6 years 11 months ago #189412 by mobbba
Gordon...I have just noticed this reply from you on another post.

DM's usually follow the assessors recommendation, they usually only go their own way when there are significant differences between the assessors view and the claimants medical evidence or where the assessor has not applied the law correctly.

Gordon

What exactly do you mean by the fact the assessor has not applied the law correctly?
What is the law on this please?

Thanks again

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6 years 11 months ago #189450 by Gordon
Mobba

Two primary areas and one they ignore;

PIP requires a claimant to have been suffering with their current issues for at least three months and for there to be a reasonable expectation that they will continue to do so for at least another nine months.

So for example, if a claimant told the assessor that they were going to have a hip replacement in a couple of months and the assessor assessed them as having an ongoing problem with walking, then a DM may not agree with this recommendation as there would be an expectation that the operation would improve their ability to walk.

Secondly, the Descriptors are defined in law.

An area we regularly see this being an issue is with is in regard to the use of Public Transport and the Going Out activity. The DWP guidance includes this as being necessary to follow a route, however, the Descriptors make no reference to this as a requirement and we regularly see DM's removing points for this.

Lastly, an area that DM's regularly ignore is the requirements for activities to be completed reliably and on the majority of days. Both of these are defined in the legislation but seem to be rarely applied by DM's or assessors.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 11 months ago #189470 by pd.canham
I have just had the same results as yourself and feel your pain, I actually feel like a criminal who has been taken to court and found guilty of something i haven't done. My partner and i are going to fight the decision.
for you i would just remember that you are not alone and that I know more about your situation than you could imagine.
I have just lost a weekend through Being really down and out and if my partner hadn't had been here I would have now been another statistic on the DWP Atos And Capita Murder list.
But they are not going to win this one...
Mush Love and COMPASSION to you Be brave and strong
Paul
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6 years 11 months ago #189540 by mobbba
pd.canham Thank you for you lovely reply. The situation is terrible. I have been a wreck since receiving the letter. Worst of all I also got a letter from Motability to say my car has to go back. There are some time restraints allowed but, just to get the letter was enough I just burst into tears.. I should be ready to post my MR next week I have obtained a couple more results to use as further evidence. Whether it will do any good, I suppose time will tell. I will update as and when I have anything to report.

In the meantime keep strong. We have to fight it to the end. Its raining here today and with the damp, I cannot walk about in so much pain. Unbelievable :sick:

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6 years 11 months ago #189578 by mikegee1968
Replied by mikegee1968 on topic DLA to PIP Brown envelope finally arrived 0 points
Hi I am in exactly the same position as both of you. Zero points awarded by target driven Atos given by a fallen nurse who has decided to sell her soul for 30 pieces of silver!. But I tell you one thing I will fight this all the way until the last breath in my body! I will do an MR(although dont expect much) and will probably have to go to appeal when believe you me I will relish my day in court! To all the people who find themselves in this shameful position in the sixth richest country in the world KEEP FIGHTING and thank you to B@W and to Gordan especially who offer nothing but unstinting support in our hour of need. Believe me there are dark clouds hanging over us but I truly believe that one day soon those clouds will lift and the sun will shine again!
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