Unfair practice?

Floss wrote: Hi, I had my assessment for PIP. I got refused on all grounds so I requested a copy of the HP report. Not surprisingly it was full of lies. I was furious and very upset. I rang DWP to ask for MR. I was told I'd get a call back which, I did. When I explained what had happened at the assessment, i.e. the nurse admitting she could not remember all the physical exam! the DWP agreed I should make my MR request in writing. That was 29th July. I got a letter from them yesterday dated 31st July again refusing my PIP request. Just 2 days later!!! I rang them again and they requested another call back to me within the next 5 working days where I am to ask they re-open my MR. However they may not do this. I spent the next 30 mins sobbing with frustration. I'm seeing my Dr tomorrow and will ask her again to write a letter in support of my claim. I really don't know what to do or where to turn to next. Please help me.

Did you make the MR request in writing and did you, either in the phone call or any written request, tell the DWP that you would be sending additional information.

You may be able to request a new MR if you have additional evidence or you want to respond to the assessor's report, but the DWP may still refuse this.

If they do then you can appeal the Decision, in either case you may want to have a look at our PIP Appeal guide.

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.

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