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PIP and Mandatory consideration
- digitalrace
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5 years 1 month ago #227784 by digitalrace
PIP and Mandatory consideration was created by digitalrace
Hello
My friend recently had his PIP face to face medical. He has received his award letter and is shocked by the inaccuracies in the report. He wants to rectify the inaccuracies but does not want to go through the gruelling and stressful process of lodging an appeal. Could he submit a Mandatory Consideration to correct the inaccuracies without going to appeal?
My friend recently had his PIP face to face medical. He has received his award letter and is shocked by the inaccuracies in the report. He wants to rectify the inaccuracies but does not want to go through the gruelling and stressful process of lodging an appeal. Could he submit a Mandatory Consideration to correct the inaccuracies without going to appeal?
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- Gordon
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5 years 1 month ago #227803 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and Mandatory consideration
commited
Are they happy with the award? If they are then I cannot recommend pursuing the matter simply to correct errors in the report.
If they are unhappy with the award then the first stage to challenging a Decision is for them 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 their claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that they can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
Their primary task is to show that they meet the criteria, there are many reasons they may have failed, they need to address each of these but shouldn;t get bogged down in criticising the assessment report unless they 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.
Gordon
Are they happy with the award? If they are then I cannot recommend pursuing the matter simply to correct errors in the report.
If they are unhappy with the award then the first stage to challenging a Decision is for them 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 their claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that they can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
Their primary task is to show that they meet the criteria, there are many reasons they may have failed, they need to address each of these but shouldn;t get bogged down in criticising the assessment report unless they 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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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