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5 years 8 months ago #214859 by Gordon
Replied by Gordon on topic DLA to PIP
Archie

Although the DM can assign the points that they wish it would be unusual for them to stray from the recommendation of the assessor.

The award length is part of the Decision, this is an area where the DM may differ from the assessor, so can be challenged. We haven't seen a lot of success in doing this and I would not expect it to be changed at an MR. An appeal might result in a revision but your problem is that with appeals taking on average nine months and the delay increasing, your hearing might well not be heard before you are reassessed by the DWP.

Gordon

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5 years 8 months ago #214863 by Archie66
Replied by Archie66 on topic DLA to PIP
Ok, will keep the thread posted.
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5 years 7 months ago #215351 by Archie66
Replied by Archie66 on topic DLA to PIP
Got a letter on Saturday from DWP saying they had enough information to make a decision on my claim and not to contact them..Charming!
How long till the decision letter do you reckon?

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5 years 7 months ago #215364 by Gordon
Replied by Gordon on topic DLA to PIP

Archie66 wrote: Got a letter on Saturday from DWP saying they had enough information to make a decision on my claim and not to contact them..Charming!
How long till the decision letter do you reckon?


Best guess is 2-4 weeks, there may be delays due to summer holidays.

Gordon

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5 years 7 months ago #215638 by Archie66
Replied by Archie66 on topic DLA to PIP
Update.
Received decision letter, exactly what the HP scored me so enhanced care till June 2020 but only scored 4 points for mobility (whereas I thought I should of scored 10 points)
I thought I’d put good enough reasons to show I met the criteria for 10 points but obviously not.
Can I ask for a mandatory reconsideration of A. length of award and B. the mobility part?
It’s soul destroying knowing I will have to go through this whole process again in less than 12 months!

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5 years 7 months ago #215646 by Gordon
Replied by Gordon on topic DLA to PIP
Archie

Yes, you can challenge the Decision for the Mobility component and the length of the award but be aware that the DWP will also look at your Daily Living award, whilst it would be very unusual for them to remove points, it is a possibility and you must consider this when requesting an MR.

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

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