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Pip desition
- bradysoft
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8 years 9 months ago #138439 by bradysoft
Pip desition was created by bradysoft
A funny thing has happened to me today and I would like to know of similar cases.I had my pip assessment about 3 weeks ago and due to my mental and physical disabilities I.e carpal tunnel.I got a desition within 1week saying I had been awarded pip standard rate until 2019 and was only awarded 4 points for mobility.I had been waiting to see what I would be awarded and waited patiently however when I got the reasons for the desition I was angry because most of the evidence the assessor said I had said was untrue I simply did not give the answers the decition maker claimed I had given at the assessment. Then out of the blue yesterday the actual person that made the desition rang me up and asked if I was happy with the desition she had made,I explained to her that I had some issues with the person not taking me serious enough and dismissing my verbal answers to the questions she asked me,the decition maker said she had based her desition about my claim on what the assessors information was based around what I had said at the assessment I told her that her information about my claim was not what I was happy with as the assessment was bias from the word go!basically I undersud the decition made was partly what I had written in my pip application and the info from the assessment however I took my mother as I need help with my mental illness and was very surprised that the assessor had given answers I had not even been asked.the desition maker asked if I wanted a reconsideration and explained it would not be her as the decition had to be made by someone else now and I don't know how long this may take its hard enough being I'll let alone the assessor filling in her own answers and saying I fit the normal criteria for some one with mental psychiatric illness I feel the assessment was bias the whole time I was there I was just wondering if anyone else had similar dealings as no matter what answers you give they seem to be the wrong ones or as in my case I feel like I am being unfairly judged.all in all from getting my pip claim form to getting assessment was only 3 weeks is this normal procedure or is it just pot luck as I know people who have waited months for assessment and mine seemes to have been done completely in 4 weeks flat and I would like to know if it is normal for the decition maker to ring me and ask if I was happy with the decition, something just doesent feel right I also have astma and was asked to blow into the peak flow meter after sitting down and being interviewed for over an hour of course this would have an effect on my illness I have been resting all the time she should have done it at the beginning of the interview someone please tell me is this even legal I await there next decition and will post the results thank you
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- Gordon
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8 years 9 months ago - 8 years 9 months ago #138493 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip desition
bradysoft
Welcome to the forum.
You say that you are unhappy with what was written in what I assume was the assessment report, but you do not say whether you are unhappy with the award that was made! Did you expect to get a Mobility award?
a lot of new PIP claims are being handled quite quickly now so I would not read anything into the time it took and whilst it is now unusual for a DM to contact the claimant about the Decision it is not that unusual.
From your post you appear to have requested a Mandatory Reconsideration, you need to be aware that you are opening your Daily Living award to revision as well, whilst it is unlikely that this will be removed, it is a possibility and we do have members where this has happened.
If you are worried about this then you can contact the DWP and withdraw the MR.
If you want to go ahead then I would confirm the request in writing, have a look at the PIP Appeal guide which has template letters that you can use to do this. See
www.benefitsandwork.co.uk/help-for-claimants/pip
You appear to have the assessment report but if not then I would phone the DWP and ask for a copy, I would 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
Welcome to the forum.
You say that you are unhappy with what was written in what I assume was the assessment report, but you do not say whether you are unhappy with the award that was made! Did you expect to get a Mobility award?
a lot of new PIP claims are being handled quite quickly now so I would not read anything into the time it took and whilst it is now unusual for a DM to contact the claimant about the Decision it is not that unusual.
From your post you appear to have requested a Mandatory Reconsideration, you need to be aware that you are opening your Daily Living award to revision as well, whilst it is unlikely that this will be removed, it is a possibility and we do have members where this has happened.
If you are worried about this then you can contact the DWP and withdraw the MR.
If you want to go ahead then I would confirm the request in writing, have a look at the PIP Appeal guide which has template letters that you can use to do this. See
www.benefitsandwork.co.uk/help-for-claimants/pip
You appear to have the assessment report but if not then I would phone the DWP and ask for a copy, I would 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
Last edit: 8 years 9 months ago by Gordon.
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