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1 week left to appy for mandatory reconsideration
- Madmich
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5 years 3 months ago #225355 by Madmich
1 week left to appy for mandatory reconsideration was created by Madmich
Please help I have bipolar, SAD a fibromyalgia and I'm very unwell atm. I cannot precess thoughts well or absorb much of the reading I have attempted. I have been given standard vate, whereas on DLA I was on highest care and lowest mobility. I feel that many thing seem to have been overlooked especially as they granted me a home assessment and turned an hour early and got me out of bed before my carer/friend even arrived. I was still very dopey fr my night time medication with sleeper and didn't get chance to take my morning meds, I was in my own home which stopped most of the psnic due to going out and anxiety. Hence the home visit! But she put I coped well and she saw no problems. I submitted plenty of evidence and i followed your help book/ guide with wordings as much as possible. I don't know where to get help as I'm too unwell to leave my house most days hence why I've kept putting it off and have such a small window of time left. Any help, suggestions appreciated. I have printed of the pooklets suggested on the sire bit it's like trying to read and understand a foreign language the way my brain is at the moment. I'm having bad thoughts and battling in my head.
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- Gordon
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5 years 3 months ago #225381 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 1 week left to appy for mandatory reconsideration
Madmich
The first thing you need to understand is that DLA HRC was awarded for very specific reasons that are not replicated in PIP, so do you think that you should have scored 12 or more points for the PIP Dally Living activities?
If you do then 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
The first thing you need to understand is that DLA HRC was awarded for very specific reasons that are not replicated in PIP, so do you think that you should have scored 12 or more points for the PIP Dally Living activities?
If you do then 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
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