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PIP REVIEW
- Gary
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1 year 10 months ago #277728 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP REVIEW
Hi Karen
There is a small window for you to write to the Decision Maker but you will need to be quick.
Understand that the assessor is offering an opinion when they say that 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.
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, half way down the page for details of the process, the PIP area also has template letters that you can use to make the request with.
benefitsandwork.co.uk/guides-for-claimants/pip
Make sure that your letter makes it clear that you are not requesting a Mandatory Reconsideration but you reserve the right to do so once a Decision has been made.
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
There is a small window for you to write to the Decision Maker but you will need to be quick.
Understand that the assessor is offering an opinion when they say that 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.
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, half way down the page for details of the process, the PIP area also has template letters that you can use to make the request with.
benefitsandwork.co.uk/guides-for-claimants/pip
Make sure that your letter makes it clear that you are not requesting a Mandatory Reconsideration but you reserve the right to do so once a Decision has been made.
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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- Karen
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1 year 10 months ago #277744 by Karen
Replied by Karen on topic PIP REVIEW
Thankyou Gary
Can I please ask where I find the information/address of the decision maker to send the letter to as I've never done this before,my husband will be helping me with this so I have no idea where to send it to, also when you say (a small time frame) to write to the decision maker,is there a specific time scale... thanking you for your help.
Can I please ask where I find the information/address of the decision maker to send the letter to as I've never done this before,my husband will be helping me with this so I have no idea where to send it to, also when you say (a small time frame) to write to the decision maker,is there a specific time scale... thanking you for your help.
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- BIS
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1 year 10 months ago #277750 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP REVIEW
Hi Karen
Address your letter to the "Decision Maker'. You will find the address in the last letter you received from the DWP. Don't forget to put your name and national insurance number.
In terms of the timescale - you are trying to get the letter to the decision maker before the decision is made. Bearing in mind how long it can take for the DWP to process information, you need to get the letter to them asap. I wouldn't take more than 2 weeks. Make it clear on your letter that you are commenting on the PA4 prior to the decision being made.
Be aware that your letter may not have an impact, but it's always worth trying.
BIS
Address your letter to the "Decision Maker'. You will find the address in the last letter you received from the DWP. Don't forget to put your name and national insurance number.
In terms of the timescale - you are trying to get the letter to the decision maker before the decision is made. Bearing in mind how long it can take for the DWP to process information, you need to get the letter to them asap. I wouldn't take more than 2 weeks. Make it clear on your letter that you are commenting on the PA4 prior to the decision being made.
Be aware that your letter may not have an impact, but it's always worth trying.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Karen
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1 year 10 months ago #277762 by Karen
Replied by Karen on topic PIP REVIEW
Thankyou for your information BIS I really appreciate all the help I've had from the yourself and mods
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- Karen
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1 year 10 months ago #277783 by Karen
Replied by Karen on topic PIP REVIEW
I'm feeling a little stupid as I got myself in such a state with the last post, when I went through my PA4 I was extremely anxious,got myself in a state as several descriptors I felt didn't apply to me , I've had to let my husband go through it all with me and explain the health professional full findings, conclusions and points that I was awarded, based on the points for daily living I'm entitled to the enhancement rate, obviously I feel that nothing was sinking in due to the state i was in trying to take everything in,the only thing I'm confused with is like i said before,I was awarded less points on certain descriptors, preparing food,was awarded 4 points, for needing supervision or assistance,and I didn't report significant functional problems in my questionnaire,but I did,my husband cooks all meals/prepares food for me, also explained to health professional at assessment,even though ive been awarded enough points, should I still write to the decision maker about this?or should I wait now until i am next reviewed in 2years, I'm really not sure what the best thing to do is right now,but I also want to say thank you so much I'm so grateful for all the amazing help I've received over the past 3 weeks and how you helped me prepare for my phone assessment, your truly lifesavers... Karen
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- Gary
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1 year 10 months ago #277791 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP REVIEW
Hi Karen
I can feel your frustration but as your husband has pointed out you have been awarded the enhanced component for Daily Living so settle back and relax.
When you have de-stressed go through the assessors report and note areas of the report which are in correct and why, then when you are next re-assessed you can raise your concern then, but for now, do nothing, as it will not help your cause and will only make you anxious and stressful which will affect your health.
Close the chapter for now, de-stress and enjoy life with your loved ones.
Gary
I can feel your frustration but as your husband has pointed out you have been awarded the enhanced component for Daily Living so settle back and relax.
When you have de-stressed go through the assessors report and note areas of the report which are in correct and why, then when you are next re-assessed you can raise your concern then, but for now, do nothing, as it will not help your cause and will only make you anxious and stressful which will affect your health.
Close the chapter for now, de-stress and enjoy life with your loved ones.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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