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HELP PIPA APPEAL FIRST STEP
- Rosiebud
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5 years 9 months ago #214781 by Rosiebud
HELP PIPA APPEAL FIRST STEP was created by Rosiebud
Hello my name is Janet (Rosiebud) and Ive just had my decision letter on PIPS home assessment. I have severe fibromyalgia and M.E. and all the assorted symptoms that go alone with this. I was on DLA for since 1998, had a tribunal, had to appeal on every application which I always won and in 2014 was granted a forever decision. PIPS have given me the lowest for care and for mobility. Excuse me if I dont get all the terms right etc as I am rather old now and the fibro fog makes it hard for me to grasp everything.
Right now I want to put in a letter for a Mandatory Reconsideration Request to give me the top amount for mobility and care. The letter I got had a couple of blatant lies in it and one part that is totally contradictory to a paragraph later on about the same symptoms. I imagine I dont challenge the assessor about the lies and contradiction. Or do I.??
Could someone please tell me before I tie myself up in knots how to proceed in the first instance. Do I write a letter stating which parts I dont agree with and why. Then do I wait for an answer before sending in a completed SSCS1A form and writing for a tribunal appointment.
I know its all written down but I'm confused. I worked many years in admin and I was good at it. Now I just melt when I see instructions. Any help will be gratefully received. Thank you.
Right now I want to put in a letter for a Mandatory Reconsideration Request to give me the top amount for mobility and care. The letter I got had a couple of blatant lies in it and one part that is totally contradictory to a paragraph later on about the same symptoms. I imagine I dont challenge the assessor about the lies and contradiction. Or do I.??
Could someone please tell me before I tie myself up in knots how to proceed in the first instance. Do I write a letter stating which parts I dont agree with and why. Then do I wait for an answer before sending in a completed SSCS1A form and writing for a tribunal appointment.
I know its all written down but I'm confused. I worked many years in admin and I was good at it. Now I just melt when I see instructions. Any help will be gratefully received. Thank you.
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- Gordon
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5 years 9 months ago #214804 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic HELP PIPA APPEAL FIRST STEP
Rosiebud
The obvious question is whether you can reasonably show that you should score the extra points needed for a higher award?
If you think that you can then 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 obvious question is whether you can reasonably show that you should score the extra points needed for a higher award?
If you think that you can then 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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- Rosiebud
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5 years 9 months ago #214840 by Rosiebud
Replied by Rosiebud on topic HELP PIPA APPEAL FIRST STEP
Thank you so much Gordon. I will phone for a copy and will send a letter for a mandatory reconsideration request. I appreciate your guidance very much.
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