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WHY is this happening ?

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6 years 4 months ago #201433 by dwmullings
WHY is this happening ? was created by dwmullings
My husband is the most disabled person anyone knows for 30 years. . He is now known as Mr 0 POINTS n0 cAR nO LlIFE bYE XXX AFTER A LIFETIME dvla AWARD NOW pip F2F ASSESSSMENT

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6 years 4 months ago #201472 by Gordon
Replied by Gordon on topic WHY is this happening ?
dougmullings

I'm sorry to hear this if you want to challenge the Decision then the first stage 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 his 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 he meets the criteria, there are many reasons he 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 he walked 50m, he did but they have failed to document that he 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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6 years 4 months ago #201510 by dwmullings
Replied by dwmullings on topic WHY is this happening ?
thanks. We have now calmed down.When I posted on Friday we had not received any post from the DWp. just a letter re our council tax due to our PIP decision. I did not really understand what it all meant.Could not contact Local council on Friday as phone too busy but cost three long phone calls with no reply Computer down at DWP so they could not help..we received the DWP decision letter on Saturday morning.It had taken 10 days to get here. We now know.a few more details and will challenge some 'but too fed up to take further.Do the DWP contact us to tell us why they reached their decision.One of the points I find strange is that my husband who sustained a traumatic brain injury in 1988 resulting in life changing injuries the DWP commented that he takes no medication for the brain damage (do they know of a miracle cure ?) perhaps they should tell Addenbrookes hospital.

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6 years 4 months ago #201529 by Gordon
Replied by Gordon on topic WHY is this happening ?
dougmullings

The Decision Letter should include the Decision Makers Statement of Reasons, the assessment report has to be requested from the DWP office dealing with your claim.

Gordon

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

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