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Letter from Motability

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6 years 8 months ago #193456 by Lorraine Lee
Letter from Motability was created by Lorraine Lee
I started my claim for pip from DLA in January 2017 and had a F2F on 13th June 2017. We have been informed this morning by motability that I have not been awarded the enhanced rate of mobility and that payments will cease on 8th August 2017. I intend to make an appeal against this but I am concerned that I haven't receievd anything from DWP telling me the number of points awarded. Is this usual for motability to be notified before the claimant? Also could you please advise on the best way to do the MR - will we automatically get a copy of the medical report with the decision letter or will we have to request it?

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6 years 8 months ago #193507 by Gordon
Replied by Gordon on topic Letter from Motability
L

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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Unfortunately Motability were probably informed electronically, us poor mortals have to be informed in writing, this means a letter has to be written, requested for printing, printed and enveloped and then sent to the claimant second class.

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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6 years 8 months ago #193527 by Carla11
Replied by Carla11 on topic Letter from Motability
I had my F2F on 6th June and had a notification on 23rd June from Motability stating my allowance had been stopped. This was prior to receiving a letter two days later from DWP explaining their decision (dated 15th June). It is my personal experience that Motability were informed prior to my decision notice being sent. Having spoken to DWP on the telephone they assure me that this is apparently not the usual case.

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6 years 8 months ago #193863 by Lorraine Lee
Replied by Lorraine Lee on topic Letter from Motability
Well my letter and report finally arrived this morning and am stunned at the amount of lies told by the assessor - for example walked with a normal gait for 50 metres- I was in a wheelchair and only got out when helped into the examination chair. As I said earlier I intend to appeal this but one question I would like to ask is whether or not to inform them on the MR that I actually recorded the whole assessment on my phone (I forgot to turn it off in my bag!!!!) and have checked the answers to all the questions she asked me

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6 years 8 months ago #193880 by Gordon
Replied by Gordon on topic Letter from Motability
L

It can't hurt to mention the recording, you were entitled to make one but be aware, disclosing the contents can be more complicated.

I'm afraid the recording is unlikely to have much effect at the MR stage, DMs simply won't review a recording, but your ability to very specifically contradict the report with written extracts from the recording may help and it sets the scene if you have to go to appeal.

Gordon

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

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6 years 7 months ago #195014 by Lorraine Lee
Replied by Lorraine Lee on topic Letter from Motability
Well the MR came back as no change - never know them to respond so quickly - received on 28th July (Friday) and letter confirming result of MR on Monday.

We are now off to appeal - what I would like to ask though is on the form SSCS1 (section why we are appealing) do we give a thorough explanation and supply all the evidence or should we wait to see the response from DWP?

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