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PIP tribunal adjournment notice - I'm confused!

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8 years 7 months ago #140965 by Gordon
Abby

We have seen a lot of members score lower on this activity than they expected, the primary problem seems to lie with the DWP's interpretation of "prompting", they believe that this includes a wide range of activities in support of someone going out that we do not agree with.

have a look at the PIP Claim guide for a better understanding of the issues and advice on how to challenge them.

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 and 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.

If we can help more then then please reply to this post 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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8 years 7 months ago #140978 by Ellen
Hi
Thanks- do I/ should I ask for a MR before seeing a copy of the assessment report or should I wait for the report before submitting the request for a MR?
Abby

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8 years 7 months ago #140982 by Gordon

abbyb1000 wrote: Hi
Thanks- do I/ should I ask for a MR before seeing a copy of the assessment report or should I wait for the report before submitting the request for a MR?
Abby


If you have the time to wait, having the assessment report may help with MR request, just make sure that the DWP receive the request before the month has elapsed, as sending it in late can lead to additional problems.

Gordon

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8 years 7 months ago - 8 years 7 months ago #141258 by Ellen
I applied for PIP because of my mental health problems - I had a f2f assessment in my home and I was awarded 13 points for the daily living and 4 for the mobility - so I get the enhanced rate of care.
I am going to ask for a MR of the mobility part (After talking to my doctor/cpn/psych about it), and so I asked for a copy of the assessment report which came today.
My question is - reading the report there are a lot of things incorrect both in terms of details (even saying things like my father died in 1992 which set off my problems - my father is very much still alive! and nothing happened in 1992) and in terms of which points I have been given. I know asking for a MR of the daily living won't get me a higher rate/could get it reduced as 13 is only just over 12 - but it's the fact that the report is so wrong in parts.
What should I do? just accept the 13 points and the wrong points and just go for the MR of the mobilty? or could I use the mis-reporting of the living stuff as arguements to support a MR of the moblity part?
thanks
abby
Last edit: 8 years 7 months ago by slugsta.

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8 years 7 months ago #141261 by slugsta
Hi abby,

I understand why the 'inconsistencies' upset you but I think you need to think carefully about what you are trying to achieve.

Discrediting the assessor's report will not, in itself, gain you extra points. You can only do that by showing how/why you meet the PIP descriptors.

You are right in thinking that you put your Daily Living component at risk by asking for an MR/appeal. That is a decision only you can make.

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8 years 7 months ago #141277 by Ellen
thanks
I am wavering between the two options - to some extent the report was funny - like I was noted as being 'very thin, pale, tired and well' - not sure how the 'well' fits in with the rest! and dressed well even though I was in pjs!

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