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PIP RECONSIDERATION

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1 year 11 months ago #276856 by Yorry
PIP RECONSIDERATION was created by Yorry
Hi, I had an over the phone assessment for renewal of PIP. 3 weeks later I had the decision letter that my PIP had been stopped. Even though my condition has worsened. By the time I received the letter a week had passed. I called PIP to ask for an extra 2 weeks to gather more medical evidence. The call handler said I didn't need to request it & I had 13 months to appeal. I pointed out that the letter explicitly stated 4 weeks from the decision date. Somehow I feel this was wrong information given to me. What do I need to do next. I have been left disabled from a accident 6 years ago & was in the receipt of Standard rate PIP, however my health has deteriorated in the past 2 years owing to a Neurological Disorder detected by a Neurologist appointed by my Insurers from my motorcycle accident. My wife has Muscular Dystrophy, which has deteriorated in the past few years. My wife used to handle my PIP forms but now neither of us can handle the process. Could you please give me information where we can get help.

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1 year 11 months ago #276870 by Gary
Replied by Gary on topic PIP RECONSIDERATION
Hi Yorry

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

You are both correct; to request a Mandatory Reconsideration in time then it is within one month of the date on the decision letter. You can do an out of time request for a MR with good reason, the absolute time limit is 13 months from the date on the decision letter, I have put in a few at the 12 month stage, mainly for claimants with mental health issues.

The first thing you need to do is contact DWP and request a copy of the assessors report called a PA4.

When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

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.

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

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; benefitsandwork.co.uk/guides-for-claimants/pip , you can do an out of time MR request with good reasons.

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

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.

Gary

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

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1 year 11 months ago #276882 by Yorry
Replied by Yorry on topic PIP RECONSIDERATION
Hi Gary
Thank you for your advice, much appreciated.

ps, sorry about capitals in the subject box. It wasn't until after I posted that I read the forum rules and etiquette.

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1 year 11 months ago #276886 by denby
Replied by denby on topic PIP RECONSIDERATION
Dear Yorry, sad to hear of your and your wife's situations. There is an advice centre locating tool which the moderators sometimes post a link to. Common sources are Citizen's Advice, local Law Centres, your trade union if you were ever in one, and local voluntary organisations such as churches. So it does very much depend what there is where you live.
However, do be cautioned that many of these will be having a volunteer help you. Therefore the help will only be as good as the combined effect of the training given and the volunteer's intelligence to understand, remember and apply it to your case. And the limited time they may have.
So given you are a Benefits and Work member, you might do as well to struggle on using the Guides and forum to help you.
Sorry if that sounds a bit negative but best to be realistic I feel. Remember, as far as I can see DWP pick on people they think will cave in despite having a rock solid case for an increase, never mind stopping PIP. So chin up and don't fall for their bully boy tactics!
Best wishes,
Denby

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1 year 11 months ago #276893 by BIS
Replied by BIS on topic PIP RECONSIDERATION
Hi Yorry

You don't need to worry about using capital letters in your subject line. Lots of people do - including me as a mod. We discourage it only in the text, as it can appear as if people are shouting.

BIS

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

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1 year 11 months ago #276899 by denby
Replied by denby on topic PIP RECONSIDERATION
Hi, I believe capitals used for whole words in text may cause problems with some screen reading [-aloud] programmes used by visually impaired members.
Believe me I'm tempted to 'shout' pretty often!
Denby
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