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PIP and Mandatory Reconsideration
- Flowerpower
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6 years 7 months ago #197344 by Flowerpower
PIP and Mandatory Reconsideration was created by Flowerpower
Hi, I just got my Pip Decision, awarded enhanced rate for mobility but nothing for daily living needs. I only got 6 points.
I keep reading info about asking how the decision was made, is this a different document to the one that came with the decision letter? If so do I request this before requesting a mandatory reconsideration.
Thank you
I keep reading info about asking how the decision was made, is this a different document to the one that came with the decision letter? If so do I request this before requesting a mandatory reconsideration.
Thank you
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- Gordon
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6 years 7 months ago #197358 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and Mandatory Reconsideration
Flowerpower
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
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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- Flowerpower
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6 years 7 months ago #197363 by Flowerpower
Replied by Flowerpower on topic PIP and Mandatory Reconsideration
Thankyou, i wasn't sure of the name of it, so I will get a copy of the assessment report and see what that has to say. I will also check out all the info on the link you sent. (I found that, after I posted my question) Although I was still a bit confused. Now I think I know what I need to do.
Thank you again this forum and site has helped me so much over the years.
Thank you again this forum and site has helped me so much over the years.
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- Flowerpower
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6 years 6 months ago #198266 by Flowerpower
Replied by Flowerpower on topic PIP and Mandatory Reconsideration
Hi, so I finally got a copy of my assesment report, after 2 phone calls and a letter. Thank goodness I sent a letter to confirm my request. I can see that the assesment is split into two main parts, functional history and justification for descriptor choice. What i don't understand is that what is writen in the functional history just doesn't match what is then writen in the justification descriptor choice. Is this form done by the same person?!? It's like they just pick and choose what bits they want to say.
I am mostly going to fight on the grounds re mental issues. I have CFS but it causes me a lot of stress and anxiety. But they have basically said because i can go the drs' (normally with my mum) i can mix with people, and because people come to my home to help me (care for me) I can communicate and mix with people. My GP is doing me a supporting letter as they never contacted him and 2 friends are writing supporting letters about situations/incidents that have happened. If this doesn't work I don't know what else to do, the stress has got to me so much that I collapsed at the Drs this week and he has advised that for the sake of my health if i don't win the mandatory reoconsideraton not to go to tribunal, and I am sad to say but i think i agree with my dr on this one.
I am mostly going to fight on the grounds re mental issues. I have CFS but it causes me a lot of stress and anxiety. But they have basically said because i can go the drs' (normally with my mum) i can mix with people, and because people come to my home to help me (care for me) I can communicate and mix with people. My GP is doing me a supporting letter as they never contacted him and 2 friends are writing supporting letters about situations/incidents that have happened. If this doesn't work I don't know what else to do, the stress has got to me so much that I collapsed at the Drs this week and he has advised that for the sake of my health if i don't win the mandatory reoconsideraton not to go to tribunal, and I am sad to say but i think i agree with my dr on this one.
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6 years 6 months ago #198282 by Flowerpower
Replied by Flowerpower on topic PIP and Mandatory Reconsideration
Ok, so I just realised the functional hisotry bit is based on what I said, and the justification for descriptor bit is what the assesor thinks - that explains why such a differnce between what i said and what they think! How do you best deal with that, by just stating again and agin that the assesor hasn't taken into account.... etc etc
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6 years 6 months ago #198298 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and Mandatory Reconsideration
Flowerpower
You certainly need to explain why you meet the criteria to score points, but this does not mean that you have to start from scratch again, your may have already done this adequately on your form, so it may just be a case of pointing to where you have done this.
If you are looking for a formula to follow then something like the following may help.
- I have the following problems completing an activity
- this is caused by these conditions
- which are documented in this evidence
- the assessor has stated X but this is contradicted by my testimony at Y and my evidence at Z
or
- the assessors own report contradicts itself in regard the above at A, B and C.
Gordon
You certainly need to explain why you meet the criteria to score points, but this does not mean that you have to start from scratch again, your may have already done this adequately on your form, so it may just be a case of pointing to where you have done this.
If you are looking for a formula to follow then something like the following may help.
- I have the following problems completing an activity
- this is caused by these conditions
- which are documented in this evidence
- the assessor has stated X but this is contradicted by my testimony at Y and my evidence at Z
or
- the assessors own report contradicts itself in regard the above at A, B and C.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Flowerpower
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