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Is it legal

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6 years 10 months ago #190115 by BJ
Is it legal was created by BJ
Hi can anyone help I attended a pip review assessment a couple of weeks ago then Saturday got a letter saying I was only awarded 4 points and my pip would stop 15/5/2017 so iv gone from enhanced to nothing ! and the really annoying thing is the HP has not quoted what I said ie yes I have a dressing aid and a raised loo seat etc he just put reported no problem it's a blatant lie ! However I have a letter from my last award saying I was awarded the enhanced rate of daily living until January 2018 ? So can they really just move the goalpost & take it off me 8 months early ?
BJ

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6 years 10 months ago #190125 by Gordon
Replied by Gordon on topic Is it legal
BJ

I'm afraid they can, almost all PIP Claims are being reassessed a year in advance of the award ending, the PIP legislation allows for this.

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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