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mandatory reconsideration decision for PIP

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6 years 10 months ago #189922 by jojo
Having been awarded 0 for all PIP I now have been awarded enhanced rate for mobility but only lower rate for daily needs (care). I am devoid of feeling in view of the decision maker acknowledging my hospital letters including I have restriction in joints - arms. hips, back. How can they have the appropriate evidence including my care package review and hospital letters then say I do not need help to dress/undress, bathe etc. I have no avenue to go down and feel like my life has no value and as such what is the point in continuing the painful and stressful existence - it certainly isn't having any quality of life. So there you go another bites the dust, just great and I hope our 'fantastically caring' Prime Minister is proud of herself

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6 years 10 months ago #189953 by Gordon
Replied by Gordon on topic mandatory reconsideration decision for PIP
Jojo

I'm not sure from your post whether you are happy with the revised award of Standard Daily Living and Enhanced Mobility. :(

If you are not then you still have the option of an appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 10 months ago #190101 by jojo
In view of the fact I have to pay carer's to help me with basic tasks such as dressing/undressing, bathing etc seven days a week, I am deeply disturbed by the loss of financial help that helps pay for my carer's (all employed legitimately). Another problem has arisen since my post in that I cannot find one solicitor to fight my case, despite being a paying client not asking for legal aid. I have phoned all in my home town and next town but no, there is no one. So it seems criminals have a right to legal advice/help but not the disabled. GREAT!

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6 years 10 months ago #190119 by Gordon
Replied by Gordon on topic mandatory reconsideration decision for PIP
Jojo

I am not surprised that you have not found assistance, benefit law is a specialist area and I would not expect a solicitor to be able to provide you with advise.

you might have more success looking for a trained welfare advisor, do an internet search for "welfare advice" with your postcode, town or county.

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
The following user(s) said Thank You: jojo

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6 years 9 months ago #190660 by jojo
Thank you for your response. I have searched welfare benefits advice but only came up with my local CAB. A waste of time. I have gone through each descriptor for formulate my appeal but my biggest problem is the decision maker keeps referring to the medical report, which obviously has some invented statements and plain lies. DM acknowledges restriction in joints but then declares I am able to dress/undress/bathe etc so its soul destroying. My GP is very helpful and doing a letter as I have shown her the decision letter I received. She also knows both my carers who take me to appointments and walk me to her room. My biggest problem seems to be the medical report as it states I have one private carer working nine and a quarter hrs per week; no mention of the overtime or second carer, so for DM I only have one. The other person present who assisted me was not recorded so DM regards me as being alone for the assessment. What I find most astonishing is the fact the decision maker does not make one mention of pain and discomfort. I will keep you posted when I can but will look at the link on this website as the appeal papers have to be received by 10th June. I had less than half the one month allocated to submit appeal because DWP use second class post. Thank you for your assistance and support as it makes such a big difference. JoJo
The following user(s) said Thank You: Carole Lloyd

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6 years 9 months ago #190703 by ms2608
Replied by ms2608 on topic mandatory reconsideration decision for PIP
JoJo - I am sorry to read of the difficulties you are having with your claim.

I would recommend contacting your MP, setting out the problems you are having with your case, as clearly as possible, and sending copies of any relevant correspondence, both sent and received.

My brother contacted my MP on my behalf, and it was surprising how the DWP managed to galvanize themselves into action, and make an informed decision on my case. My friend also received a swift response when her MP intervened regarding her Mandatory Reconsideration request re. loss of higher rate mobility.

You can contact your MP via e-mail or ordinary post, and I think it really is worth taking this extra step, if you are able to. Good luck.

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