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my pip award stopped
- andyc1967
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6 years 8 months ago #194401 by andyc1967
my pip award stopped was created by andyc1967
hello benefits and work.
I have just received a letter telling me that I have not been awarded pip.I was moved from dla to pip and was told to fill out the form for pip.I completed my form and received a letter today saying I only scored 2 points for daily living and 4 points for mobility.I have depression and anxiety and feel so low because of this decision.The reasons they gave seems to be mostly based on whether physically I can do these activities but disregard my mental illness.They have put all the emphasis on the doctors report and nothing on what I have told them on the form.I feel this is discriminatory.I was also under review for esa wrag and have been awarded this again ,which is puzzling as they have found my mentall illness is severe enough to get esa but not pip.My doctor won't fill out a report for me because the practice will not do this for anyone.I am now looking at mandatory reconsideration.I don't know if I have the energy anymore to keep fighting these people.However if anyone can give me ideas what I write in a mandatory reconsideration letter it would be most appreciated.
regards andrew
I have just received a letter telling me that I have not been awarded pip.I was moved from dla to pip and was told to fill out the form for pip.I completed my form and received a letter today saying I only scored 2 points for daily living and 4 points for mobility.I have depression and anxiety and feel so low because of this decision.The reasons they gave seems to be mostly based on whether physically I can do these activities but disregard my mental illness.They have put all the emphasis on the doctors report and nothing on what I have told them on the form.I feel this is discriminatory.I was also under review for esa wrag and have been awarded this again ,which is puzzling as they have found my mentall illness is severe enough to get esa but not pip.My doctor won't fill out a report for me because the practice will not do this for anyone.I am now looking at mandatory reconsideration.I don't know if I have the energy anymore to keep fighting these people.However if anyone can give me ideas what I write in a mandatory reconsideration letter it would be most appreciated.
regards andrew
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- Gordon
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6 years 8 months ago #194403 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic my pip award stopped
Andrew
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
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
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
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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- andyc1967
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6 years 8 months ago #194587 by andyc1967
Replied by andyc1967 on topic my pip award stopped
Gordon
I've looked at the mandatory reconsideration letter template. Is that all I have to write? Don't I have to list the areas were I disagree with the decision and explain why? Could you explain to me what exactly I need to put into my reconsideration letter. Thank you.
andrew
I've looked at the mandatory reconsideration letter template. Is that all I have to write? Don't I have to list the areas were I disagree with the decision and explain why? Could you explain to me what exactly I need to put into my reconsideration letter. Thank you.
andrew
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- slugsta
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6 years 8 months ago - 6 years 8 months ago #194598 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic my pip award stopped
Hi Andrew,
You do not have to provide a lot of information in order to lodge a request for the MR. However, as you say, in order to have some chance of success you will need to clearly show how/why you meet the descriptors.
Some claimants feel that the chances of a successful MR are so low that they prefer to provide little information, fail the MR and move on quickly to appeal.
Others prefer to give themselves the best chance of a successful MR by providing as much information as possible in the hope of avoiding an appeal.
You do not have to provide a lot of information in order to lodge a request for the MR. However, as you say, in order to have some chance of success you will need to clearly show how/why you meet the descriptors.
Some claimants feel that the chances of a successful MR are so low that they prefer to provide little information, fail the MR and move on quickly to appeal.
Others prefer to give themselves the best chance of a successful MR by providing as much information as possible in the hope of avoiding an appeal.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 8 months ago by slugsta.
The following user(s) said Thank You: andyc1967
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- andyc1967
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6 years 8 months ago #195297 by andyc1967
Replied by andyc1967 on topic my pip award stopped
hello hurtyback and Gordon
I have sent in my MR by post and am awaiting their decision. I don't expect them to change their minds so I am going to appeal when I receive the findings for my MR.I have received my assessment report from them and now want to get a subject access request from the dwp in preparation for my apppeal.What I would like to know is the SAR asks "What period you would like the personal information we send to you to cover?".Should I use the date when my dla started in 2012 and use that as evidence arguing I was awarded dla then and my condition has worsened or the date when my transfer from dla to pip was not awarded recently.any help would be appreciated.
andrew
I have sent in my MR by post and am awaiting their decision. I don't expect them to change their minds so I am going to appeal when I receive the findings for my MR.I have received my assessment report from them and now want to get a subject access request from the dwp in preparation for my apppeal.What I would like to know is the SAR asks "What period you would like the personal information we send to you to cover?".Should I use the date when my dla started in 2012 and use that as evidence arguing I was awarded dla then and my condition has worsened or the date when my transfer from dla to pip was not awarded recently.any help would be appreciated.
andrew
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- slugsta
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6 years 8 months ago - 6 years 8 months ago #195299 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic my pip award stopped
Hi Andrew,
As you know, DLA is very different from PIP. PIP was deliberately made harder to get , so some people who were claiming DLA quite properly will not be entitled to PIP.
If you feel there is something in your DLA claim that will support a PIP appeal you are perfectly entitled to request it. If you want only documentation relating to your current PIP claim, this would be sent to you with the evidence bundle before the tribunal.
Requesting a Subject Access Request (SAR) :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
Sending Documents to the DWP.
As you know, DLA is very different from PIP. PIP was deliberately made harder to get , so some people who were claiming DLA quite properly will not be entitled to PIP.
If you feel there is something in your DLA claim that will support a PIP appeal you are perfectly entitled to request it. If you want only documentation relating to your current PIP claim, this would be sent to you with the evidence bundle before the tribunal.
Requesting a Subject Access Request (SAR) :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
Sending Documents to the DWP.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 8 months ago by slugsta.
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