DLA to PIP

bluemoon

Unfortunately we have seen the "phantom" examination before.

Although it may seem counter-intuitive, I would ignore it for the moment, the most important thing you need to do is to make sure that you have show that you meet the legally defined criteria for an award, then deal with the issues in the report.

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

bluemoon

You have one month from the date of the Decision for the DWP to receive a request for an MR, in addition, if you request it, the DWP should then give you a further 28 days to provide additional information in support of your MR, the time runs from the date of your MR request and includes postage time so in practice it needs to be with the DWP within three weeks.

Gordon