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PIP Decision Letter received

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8 years 8 months ago #140599 by QWERTY
PIP Decision Letter received was created by QWERTY
Hi to everyone.

I've received my PIP decision letter and would really appreciate any advice on what to do next.

Was given home assessment by Atos ,possibly on basis of form , but thankful as worried about being fit/well enough to get to assessment centre, even with accompaniment.

I was awarded standard rate Daily living component ( just qualified) and not enough to qualify for mobility component.

Don't even recognise myself from descriptors...including a bit that I stated I could plan and follow a journey unaided. I did not say that and my husband, who was present, agrees with me. I would not say this because for several years I have been relying on family and friends to drive me when I've been able to get out , help me when I'm out and help me get back home..
Haven't been well enough to use public transport for several years.

The other descriptors are the lowest possible and basically say I need an aid/appliance to do tasks that most days/many days I cannot manage and would have to do without if it were not for my lovely family eg. meals, getting dressed. I took a lot to try and ask for help and I feel embarrassed .

Could anyone advise me on what to do next?

My decision letter gives the reasons for the decision, do I need to get a copy of the HP's assessment to help me decide how to proceed ? ( If so, can you tell me what I need to request and who should I ask for it?)

Do I just go through the decisions listed and say why I would like them to be reconsidered ? Do I need a special form, or write a letter? ( they said I could phone but feel would be too much.)

Is an award stopped during a reconsideration or appeal? Is it repayable if an appeal etc goes against you?

I feel the thought of having to fight this decision really hard but it doesn't reflect my situation at all .

Would really appreciate any advice, experiences of trying get a decision changed that any one has.


Mrs QWERTY

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8 years 8 months ago #140632 by Gordon
Replied by Gordon on topic PIP Decision Letter received
Mrs QWERTY

The first thing you need to be aware of is that requesting an MR opens your whole claim to review, whilst it would be unusual we do hear of members who's original award is reduced and even some where the award is removed.

Next you need to consider the likelihood of your scoring the extra points you need for an award. If you did not score any points for Going Out then this is going to be a bigger challenge than if you had scored some and need to score more. Also, in case it is not clear, the points for this Descriptor are not because you have physical problems going out but because you have mental or cognitive problems that would effect you ability to plan a route and them follow it to a destination.

If you still want go for an MR then your request 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.

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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8 years 8 months ago #140683 by QWERTY
Replied by QWERTY on topic PIP Decision Letter received
Hi Gordon,

Thank you for replying to me...re. the going out descriptor , I said in the form I needed someone with me when I'm able to go out due to both physical and cognitive effects on my ability to manage this activity.

I found the appt really stressful before, during and afterwards and found it difficult to take in the q's... particularly from about halfway through I feel I was finding it difficult to focus. My husband tried to help a few times and remind me of things ,but the HP did seem a bit irritated at this.

I keep going over things and thinking I forgot to say things and other bits just seemed to have been ignored. I don't feel as confident about my ability to talk to people since becoming ill ...I'm still mannerable etc but become drained and really feel it afterwards.
The HP left and I needed to go and lie down and rest, and wasn't great for best part of a week after.

I will ask for the HP report...
Can you advise me on the types of further info I should send in ?

Thanks again,

Mrs QWERTY

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8 years 8 months ago #140688 by Gordon
Replied by Gordon on topic PIP Decision Letter received
QWERTY

If you have or can get additional evidence then it may support your MR.

As I explained earlier your best approach is to explain why you meet the criteria, I'm not suggesting that you ignore the comments in the Decision Makers Statement of Reasons and the assessment report if you receive it in time, you certainly need to explain why they have come to the wrong conclusions.

So, you need to understand what the criteria you are trying to meet are, you need to explain how you meet this and then you need to explain why you believe that the conclusions that the DM has made are incorrect by referencing your evidence where applicable.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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