pip desicion

Kim

I'm sorry to hear that you have been unsuccessful.

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

Your post suggests that you have already received a copy of the assessors report if this is not the case then 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 you have any questions in regard to explaining your problems or how the PIP Descriptors operate then come back to the forum and we will do our best to help.

Gordon

Kim

I thought it likely that you hadn't actually stood up

I did post the link but here it is again.

www.benefitsandwork.co.uk/help-for-claimants/pip

If the factual errors are as blatant as you suggest then you might want to make a formal complaint. See

www.atoshealthcare.com/pip/after_your_Consultation

or

www.capita-pip.co.uk/contact-us.aspx

Gordon

kim wrote: I have used your advice and the link you gave me I have sent a letter using your template for the mandatory reconsideration and also a copy of the capita medical report I also mentioned I had also requested these today on the telephone can you advise me do I still keep receiving my dla whilst im waiting for the mandatory reconsideration or will it stop thanks

I am afraid your DLA payments will stop from four weeks after he date of the PIP Decision and you will not receive any monies during the appeal. Hope fully this will be a quick process and you won't suffer any financial difficulties as a result, if the Tribunal make an award then it will be backdate from the day after your DLA ends.

Gordon