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Re: PIP Mandatory Reconsideration

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5 years 2 weeks ago #229860 by Destiny
Re: PIP Mandatory Reconsideration was created by Destiny
Hi

I am considering challenge the PIP medical report due to many untrue statements/inconsistencies with regards to my needs/abilities (I understand it is only worth focusing on the information concerned for the descriptors).


Following a request by me for my PIP to be reviewed due to significant deterioration affecting by daily functioning and the need for more support due to this. This was despite additional medical evidence and reports.
I have been awarded the same number of points for care so the standard award and been awarded the standard rate for mobility also which I was not in receipt of previously.

I know it takes a lot of effort and can be physically and emotionally draining therefore I am considering accepting my Niece's (who is also my Carer) offer to write to the DWP on my behalf to challenge the report/report the inaccurate accounts where concerned and ask for the decision to be relooked at.

I would like some advice re how much weight the letter requesting a reconsideration would carry if written by my Niece on behalf of me as opposed to it being from me.

My Niece accompanied me to/ was present at the face to face assessment and due to my previous experience, opted to voice record the assessment.

In particular to challenge the length of award which has been reduced from 5years which it previously was to 1 year-with the Health Professional in her reason stating there is a lot of high level specialist input and I was awaiting being seen in the chronic pain team which may impact on functional ability.
I was seen and discharged following the first appointment in which I was prescribed Gabapentin (which I was previously not given) however, this has made no difference. I have been referred on to the living with pain team which will involve receiving psychological support/therapies as I have been informed it is a life long condition (Fibromyalgia, also have asthma/allergic rhinitis, IBS, anxiety and a bad knee).

The other specialists I see are to help manage my conditions, not to cure.
I am allergic to dust mites/pollen/some household/cleaning products/cosmetics etc and been assessed as not suitable for immunotherapy which I was hoping for, due to my asthma not being stable enough and my asthma is often made worse due to the allergies so it is a vicious circle.

Any advice/support would be greatly appreciated. In particular some advice re whether I should write the letter from myself or it being from my Niece regarding/on behalf of myself.

Thank you

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5 years 2 weeks ago #229878 by Gordon
Replied by Gordon on topic Re: PIP Mandatory Reconsideration
Destiny

It does not matter who writes the letter, it's who decides on the content that is important, so if your niece writes the letter using your words then it is not an issue, if she writes it using her words then she will need to explain how she knows you and how often she sees you.

Her being in the assessment will not be significant, as it is your meeting the criteria that will be looked at and not what happened during the interview. I'm not saying to ignore the report but it should be secondary to you explaining how you meet the Descriptors that you expected to score for.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 2 weeks ago #229903 by Destiny
Replied by Destiny on topic Re: PIP Mandatory Reconsideration
Thanks for the reply Gordon.

Maybe I was not clear in my initial post.
When referring to the letter from myself or my Niece, I meant more whom the letter was signed by/from as opposed to the content/ who compiles the letter or .

The point of challenging the reports is exactly that. To report how I feel I meet the descriptors which I expected to report.
The points awarded for each descriptor has been decided no doubt with a lot of direction from the content of the report. And, the content of the report is as I explained misleading and inaccurate which significantly impacts on the descriptor points outcome.

Much of what is stated under each descriptor is contrary to what was discussed.

The reference to my Niece being present was about her also witnessing the actual discussion on the day and how much of it differs to what is documented on the report.

Also how I asked if I could use one of the chairs from the reception area as I was in a lot of pain/struggling (As they had arms/support) as I struggle on standard chairs due to not being able to bear weight on my lower back/sit upright (have a fractured coccyx) however, the response was "we've been told not to use those, we get into trouble if we do."
This was after a 50mins wait post the assessment time due to the HCP running late- as a result of the bad weather I was informed.
I was then told the HCP would need at least 30 mins to go through all the paperwork as there was a lot however, I was called 8 mins later.

The HPC put on the report front sheet "all relevant evidence looked at" however this was not listed/specified.

I strongly feel these issues need to be addressed as they impacted on my ability on the day.


Any advice re how to go about explaining I do not agree re the decision for the duration of the award would also be appreciated.

Regards

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5 years 2 weeks ago #229912 by Gordon
Replied by Gordon on topic Re: PIP Mandatory Reconsideration
Destiny

You must sign the request, you are the claimant and your niece has no authority to act on your behalf.

To be clear, I am not saying you should ignore the report but the Decision is only going to be revised by your showing that you meet the PIP criteria. In my experience, what the claimant has put on the form is a major factor in them overturning an adverse Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Destiny

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