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PIP report help please
- libran1962
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1 year 8 months ago #279411 by libran1962
PIP report help please was created by libran1962
Hi
I am writing on behalf of someone who has the same rare condition as me and who has recently had an assessment for PIP for the first time.I advised her to ask for a copy of the report which she has just received,it shows 11 points for care element and 22 for mobility .She believes that she should have had 4 extra points for care but the assessor has ignored what she told her.Should she wait for decision letter to come before doing an MR for the extra points which she has evidence for or should she write to decision maker before that? Also is there any risk in doing that as she has def got standard care plus some mobility?
kind wishes and thank you in advance
Suzanne
I am writing on behalf of someone who has the same rare condition as me and who has recently had an assessment for PIP for the first time.I advised her to ask for a copy of the report which she has just received,it shows 11 points for care element and 22 for mobility .She believes that she should have had 4 extra points for care but the assessor has ignored what she told her.Should she wait for decision letter to come before doing an MR for the extra points which she has evidence for or should she write to decision maker before that? Also is there any risk in doing that as she has def got standard care plus some mobility?
kind wishes and thank you in advance
Suzanne
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- Gary
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1 year 8 months ago #279420 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP report help please
Hi libran1962
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 your friend 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 friend 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 your friend meets the criteria, there are many reasons they 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 your friend is 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 your friend 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 friend 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 your friend meets the criteria, there are many reasons they 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 your friend is 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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- libran1962
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1 year 8 months ago #279423 by libran1962
Replied by libran1962 on topic PIP report help please
As always thank you Gary,Still waiting for the results of my brother’s MR thanks to your fantastic advice and will post on here when his decision comes
Kind wishes and enjoy the bank holiday break
Kind wishes and enjoy the bank holiday break
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- denby
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1 year 8 months ago #279424 by denby
Replied by denby on topic PIP report help please
Hi libran1962, It is worth writing ASAP to The Decision Maker, at the address your friend last had a letter from, to contest the report on, as Gary says, point-losing sections. Never say 'lied' say eg "appears to have overlooked xy evidence that..."
Doing this saved us a third Tribunal for our daughter the time before last, and if they still take a decision you disagree with, you can use the analysis you have done for the letter to base her MR on.
Best wishes, Denby
Doing this saved us a third Tribunal for our daughter the time before last, and if they still take a decision you disagree with, you can use the analysis you have done for the letter to base her MR on.
Best wishes, Denby
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- MrFibro
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1 year 8 months ago #279461 by MrFibro
Replied by MrFibro on topic PIP report help please
Hi libran1962
(Gary wrote, There is a small window for you to write to the Decision Maker but you will need to be quick.)
Just to let you know i have taken this advice a good few weeks back, and it led me to getting the 1 point needed to award me the pip daily living enhanced rate. And also pip backdated pay, which was a considerable amount.
I found that this advice gave me the opportunity to get in first before the DM took the assessors report as gospel.
I spent quite a bit of time writing my reasons why i found the report to be inaccurate, or what was not included (missing in the report)
It was basically a pre-MR, but not an MR request. That was my format, and if the DM had dismissed my questioning the pip report, i'd already had done the leg work for my MR and if needed for my appeal.
To cut a long story short this tactic paid off tremendously, it took hard work, and perseverance too, with tons of stress and sleepless nights.
Also the DM awarded my pip for a duration of 10 years, which was a shock. So from a pip perspective i am a happy bunny.
On an end note please challenge, fight it, and as Gary has said you have got to get in there ASAP, so your window of opportunity doesn't shut on you.
Good luck, and please let us all know how you got on, incidentally I had to wait around 6 weeks for the DM's decision. So it could be a bit of a waiting game, but hang on in there.
(Gary wrote, There is a small window for you to write to the Decision Maker but you will need to be quick.)
Just to let you know i have taken this advice a good few weeks back, and it led me to getting the 1 point needed to award me the pip daily living enhanced rate. And also pip backdated pay, which was a considerable amount.
I found that this advice gave me the opportunity to get in first before the DM took the assessors report as gospel.
I spent quite a bit of time writing my reasons why i found the report to be inaccurate, or what was not included (missing in the report)
It was basically a pre-MR, but not an MR request. That was my format, and if the DM had dismissed my questioning the pip report, i'd already had done the leg work for my MR and if needed for my appeal.
To cut a long story short this tactic paid off tremendously, it took hard work, and perseverance too, with tons of stress and sleepless nights.
Also the DM awarded my pip for a duration of 10 years, which was a shock. So from a pip perspective i am a happy bunny.
On an end note please challenge, fight it, and as Gary has said you have got to get in there ASAP, so your window of opportunity doesn't shut on you.
Good luck, and please let us all know how you got on, incidentally I had to wait around 6 weeks for the DM's decision. So it could be a bit of a waiting game, but hang on in there.
The following user(s) said Thank You: Gary
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