Disagreement with PIP placement

Paul

PIP Standard rate Daily Living is the same as DLA Medium Rate Care

If you want to challenge the Decision then the first thing you need to consider is the risk to your current award! Even though you can request the DWP only look at your mobility award they can expand their review to both components.

Secondly you need to look at how likely you are to gain the extra points for an Enhanced award. Your DLA Higher Rate Mobility would suggest that your problems are physical, did you expect to score points for Going Out? If your points scoring ability is limited to the Moving Around Descriptor then you would need to show that you cannot reliably walk more than 20m for the majority of days.

If you do want to pursue the issue 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 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.

Gordon

paul wrote: Thank you so much i will do this as soon the decision reply and get someone to help me fill out the form. Is it worth talking about points or just talking about condition. I'm not sure whether we are supposed to know about he point scoring system or can be used against you.

You need to show that you meet the criteria for an Enhanced award so there is no problem with you referring to the Descriptors and their points.

Gordon

paul wrote: I sent off a mandatory request in writing elaborating as suggested why I meet the criteria and I think my arguments were very sound. I also made them aware i was waiting to send in medical evidence but the same decision maker has sent practically a carbon copy of first decision completely ignoring the points i've made.

The delay in my medical evidence is i've just recently changed doctors and I'm unsure how best to approach the new one for information as it may be taken wrong way. Is there a template or a way to approach this that's easier?

Is there way getting a different decision maker to look at this without making an appeal?

There's no right or wrong way to approach a GP for help, the simplest way is to explain your situation and ask what help they are willing to provide. If your GP has little experience of you as a patient don't be surprised if they are unwilling to provide details other than what is in your medical records. You can access these yourself

Requesting your medical records

Charging for medical records

As to the MR, I'm afraid there are few, if any "rules" that control how the DWP perform these, also the revision rate is very low, probably no more than 10%, it may be easier to move on to the appeal stage where everything will be looked at from scratch.

If you do want to ask about a second MR, then write to the DWP explaining your concerns over the way that the original one was handled.

Gordon