× Members

Mandatory reconsideration for PIP

More
6 years 10 months ago #191689 by annda
Mandatory reconsideration for PIP was created by annda
I have had CFS/ME for 15 years and was on higher rate mobility and lower rate care with DLA, indefinitely. I have now had the result of my PIP application back and have been awarded no points for either.

I have just requested and received a copy of my medical report. Looking at the excellent B&W guide on challenging the medical report I can see that there are many avenues available! To start with, my medical evidence was not listed or mentioned throughout the report. Also, informal observations were inaccurate and musculoskeletal examination was incomplete eg. I was in a wheelchair and not asked to stand or walk, after which the HR concluded I could walk more than 200m, despite specific medical evidence from my GP saying that I could not reliably walk more than 50 metres!!

What I am wondering is should I go for discrediting the report generally at this stage, or should I deal with descriptors individually, or both?

Thank you for your help and experience.

Please Log in or Create an account to join the conversation.

More
6 years 10 months ago #191694 by Gordon
Replied by Gordon on topic Mandatory reconsideration for PIP
Annda

Whilst there appears to be good reason for referencing the report, your attending in a wheelchair and the assessors opinion of walking distances is one, ultimately you will only receive and award by showing that you meet the criteria to score sufficient points for one, so you should concentrate on doing this first and the report should be a secondary consideration,.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: annda

Please Log in or Create an account to join the conversation.

More
6 years 10 months ago #191704 by annda
Replied by annda on topic Mandatory reconsideration for PIP
Thank you Gordon. Do you happen to know whether my DLA will still be stopped on the date given, if I am applying for MR/appeal?

Please Log in or Create an account to join the conversation.

More
6 years 10 months ago #191716 by Gordon
Replied by Gordon on topic Mandatory reconsideration for PIP

annda wrote: Thank you Gordon. Do you happen to know whether my DLA will still be stopped on the date given, if I am applying for MR/appeal?


Yes it will be stopped unless you are in Northern Ireland.

Gordon

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

Please Log in or Create an account to join the conversation.

More
6 years 9 months ago #193157 by annda
Replied by annda on topic Mandatory reconsideration for PIP
I was rung by the DWP on 30th June, after having requested MR. The person I spoke to was surprisingly helpful (!), although it remains to be seen whether what he recommended actually results in an award...

My assessment report was appalling, and clearly compiled by someone with no understanding of CFS/ME. I explained two of the report's failings to the DWP employee and he suggested that I send one letter to Atos/IAS, explaining why I thought that the report was not fit for purpose, and one letter to the DWP with additional medical evidence. My original medical evidence had not been taken into account, which the DWP accepted. I asked the DWP employee to take a quick look at my evidence to see whether it was sufficient. He looked at the evidence I had submitted, for three separate descriptors, and said that I probably needed additional evidence for two of them. He emphasized how important it is to cross reference the evidence to the particular descriptors that I think I meet, so I have tried to do this. He also made it clear to me (and I did not appreciate this) that the decision makers have no medical qualifications, so rely on the assessment report. He said that it was important when submitting my additional evidence that I use the phrase in the covering letter "Please ensure that this is seen by a medical professional".

I'll let you know how I get on. Just thought that the above info from the DWP might be helpful to others. Fingers crossed for a change of decision at MR. without having to go to the tribunal! I got the sense that this could be possible if the medical evidence fully supports the relevant descriptors. But I may be being optimistic...
The following user(s) said Thank You: Gordon

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.