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Dla change of needs

  • khiry pascal - joseph
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9 years 11 months ago - 9 years 11 months ago #134849 by khiry pascal - joseph
Dla change of needs was created by khiry pascal - joseph
I had a decision about my change of needs yesterday the decision from the decision maker is that my current low rate care and mobility will stay the same I called up DWP and they said that someone will call you back within 5 working days I'm in shock the 2nd time this has happened to me I tried my best to be as secure as I can they tel me to go to my local citizen advice but when I asked him they don't get back to me [removed by moderator] I really don't know what to do now because it seems these decision makers don't seem to get the full picture I'm care needs have got worst and they seems like what I put on the claim form is a lie and I try to be as honestly as I can be
Last edit: 9 years 11 months ago by Gordon. Reason: section removed due to forum rules

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9 years 11 months ago #134856 by Gordon
Replied by Gordon on topic Dla change of needs
KPJ

I'm sorry to hear that your claim was unsuccessful.

If you believe you meet the criteria for the higher then the only way forward is for you to challenge the Decision.

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 DLA 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/dla

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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  • khiry pascal - joseph
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9 years 11 months ago - 9 years 11 months ago #134908 by khiry pascal - joseph
Replied by khiry pascal - joseph on topic Dla change of needs
Hi i called DWP on Monday to tell them that I'm going to challenge the decision they said that a case manager is going to call me in five working days to discuss the points I disagree with I'm just shocked it's the 2nd time this has happened i don't know what to do to convince these people
Last edit: 9 years 11 months ago by bro58.

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  • bro58
9 years 11 months ago #134913 by bro58
Replied by bro58 on topic Dla change of needs

khiry pascal - joseph wrote: Hi i called DWP on Monday to tell them that I'm going to challenge the decision they said that a case manager is going to call me in five working days to discuss the points I disagree with I'm just shocked it's the 2nd time this has happened i don't know what to do to convince these people


Hi kp-j,

If you are challenging this adverse decision, I would also ensure that you make a formal written request for a Mandatory Reconsideration (MR) which should be posted to arrive back at the DWP PIP offices no later than one month from the date of the PIP Decision Notice letter.

PIP Case Managers do not always call a claimant as promised, so you should be prepared for this eventuality and ensure that the one month deadline does not lapse.

bro58

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