Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: PIP review carried out early, downgraded, from now

PIP review carried out early, downgraded, from now 2 months 1 day ago #207128

Hi,

I had my PIP review the other day and surprise surprise I have been down graded to no daily living and low rate mobility. My previous award was until 18/5/18 so they reassessed me early. I was told the new award is from now, surely it should be from 18/5/18??

I am definitely going to appeal this time, does anyone have any idea how long it takes to appeal please?

Thanks

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

PIP review carried out early, downgraded, from now 2 months 1 day ago #207136

  • Gordon
  • Away
  • Posts: 35506
Eggcustard

I'm afraid the new Decision supersedes your previous award.

The first stage to challenging a Decision is to request a Mandatory Reconsideration, this usually takes 5-8 weeks.

If that is unsuccessful then an appeal is going to take at least six months.

The Mandatory Reconsideration 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 following user(s) said Thank You: Eggcustard

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

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

PIP review carried out early, downgraded, from now 2 months 17 hours ago #207167

Thanks for the reply.

I have asked over the phone for a copy of my report and they said it can take two weeks. Is this the same as asking for a statement of reasons? Do I need to ask for this as well? Also, should I put in writing the fact that I need a copy of the report and statement of reasons?

I haven’t received the award letter yet, is there anything else I should be doing at this stage?

I was thinking of calling to find out how long appeals are taking in my area (Wolverhampton) any idea where I need to call please?

Sorry that’s lots of questions!

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

PIP review carried out early, downgraded, from now 2 months 15 hours ago #207188

  • Gordon
  • Away
  • Posts: 35506
Eggcustard

The DM's Statement of Reasons will be included in the Decision Letter so you don't need to request it separately. We recommend following any phone request up in writing.

Appeal waiting times are specific to the venue and you won't have a venue until and unless you make an appeal.

Gordon

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

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

PIP review carried out early, downgraded, from now 1 month 4 weeks ago #207303

Thanks Gordon. I now have my award letter and I have lost point for dressing and undressing. Last time I was given 2 points, this time zero.

I said to the assessor that in only get properly dressed once a week. That most of the time I am in pyjamas due to pain and fatigue or just easy clothes, joggers etc. I don’t remember her asking much about this question apart from doing up buttons and zips which I said yes to (that doesn’t mean I have the energy to get dressed everyday and it doesn’t cause increase in pain and also I’m slow).

She asked if I sat on the bed to dress and I said yes (I do have problems standing). I have read that if you have to sit in the bed this counts as an aid is this correct?

I’m wondering what evidence I can get for this, the GP hasn’t seen my dress or undress, lol.

Any advice anyone please?

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

PIP review carried out early, downgraded, from now 1 month 4 weeks ago #207317

  • Gordon
  • Away
  • Posts: 35506
Eggcustard

Based on your comments in your post, it suggests that your getting dressed is a decision and not the result of your having problems with doing so.

The bed can be counted as an aid but only if you can show that it is the only way in which you can get dressed.

Gordon

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

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke