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6 years 4 months ago #201168 by steven
Replied by steven on topic PIP Medical
Hi Gordon

I spent last night writing out a letter pointing out the issues on the assessment I was not happy with,
Then this morning I rang the DWP to tell them I was sending a letter and she said a decision has been made and a letter was posted yesterday,
She read my letter out to me and as I expected I got no award for anything !

On the bright side it took only 12 days for them to make a decision !!

The lady was very nice and told me what to do when I get the letter regarding a review without me even asking, so I will do that as my next step and write in depth about everything,

I am guessing not many reviews work and most go to appeal, Is this the case Gordon ?

All my issues come from an accident at work in 2015 !

This is the same DWP that assessed me as 60% disabled 5 months ago !

The mind boggles

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6 years 4 months ago - 6 years 4 months ago #201193 by Gordon
Replied by Gordon on topic PIP Medical
Steven

Revision rates at MR are low, so we always advise members to be prepared to go onto appeal, that said we do get turnovers so it is still worth putting the effort in unless you specifically want to get to appeal as quickly as possible.

Your letter should be usable as part of the MR.

We often see members report that they have been assessed as disabled or determined to be unable to work again, PIP has very specific criteria and this often does not overlap with the criteria from other assessments, but it is worth your looking through your IIDB(?) award to see if anything is relevant to PIP as it can be used as evidence.

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
Last edit: 6 years 4 months ago by Gordon.

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6 years 4 months ago #201269 by steven
Replied by steven on topic PIP Medical
Thanks again Gordon

I would like to go to appeal to be honest but I suppose I have to go through the MR first,

I feel someone who is nothing to do with the DWP at all would give me the best chance of a fair result.

I already have the F2F assessment copy.

Steven

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6 years 4 months ago #201517 by steven
Replied by steven on topic PIP Medical
Hi Gordon

The lady at DWP told me that when I get the decision makers report I have a month from the date of the letter to submit a request for a MR by letter

Now she also said that I can phone to request this, BUT she said that if I phone then the month starts from when I make the call, She said " you could have the letter for example 3 weeks then phone the DWP to request a MR and the month starts from the date of the phonecall"

Is this true or was she telling lies ?

Thanks
steven

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6 years 4 months ago #201538 by Gordon
Replied by Gordon on topic PIP Medical
Steven

She is incorrect. You have one month from the date of the Decision to request an MR either in writing or by phone although we recommend the former. Once you have made the request, the DWP may allow you a further 28 days to provide additional information for the MR but be aware that this includes postage time so you should send no later than 21 days after the request and earlier if you can.

Gordon

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

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6 years 4 months ago #201540 by steven
Replied by steven on topic PIP Medical
Thanks Gordon

Just goes to show you really cannot trust the DWP !

Steven

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