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PIP decision

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8 years 7 months ago #140854 by Elektron
PIP decision was created by Elektron
Hello to Team & fellow members
I was awarded my first PIP in May 2013 where I got enhanced mobility and standard for the living component.
I have recently been to an Atos assessment and received the DWPs decision at the end of August.2015 to reduce my benefit to both at the standard rate.
I am about to put together a Mandatory Consideration letter and would like to know your views
as to whether I should list the areas where I think the decision is wrong.


Thanking you
Ron

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8 years 7 months ago #140864 by Gordon
Replied by Gordon on topic PIP decision
Elektron

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Yes, you can list the areas where you think that the Decision is wrong, but rather than just presenting a list of issues, explain why you believe that you meet the criteria with reference to your evidence and then why the Decision Makers reasons are false.

You should contact the DWP for a copy of the assessors report, you can do this over the phone but we recommend following up the request in writing.

Have a look at our PIP Appeal guide for more details of the process, the section also include template letters that you can use to make the request. You might also want to have a look at our PIP Claim guide so that you have a full understanding of the criteria against which you were assessed.

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

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 7 months ago #140902 by Elektron
Replied by Elektron on topic PIP decision
Hello Gordon
I will study this over the weekend as my time limit for a reconsideration is almost up,contact them by phone and also send a letter.My doctor has agreed to write me a letter but I can not obtain this until next week should I mention this to them. At my first assessment I ticked the box (20 - 50 metres).

But the HP must have said in her report that I couldn't reliably and repeatedly walk for more than 20 metres,but on this report I ticked the same box, but this HP hasn't made the same observation as the first one.Do you think I should tell them all this at this stage.Anyway I must say thank you for your advice to my first post.
Best Regards
Elektron

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8 years 7 months ago #140903 by Gordon
Replied by Gordon on topic PIP decision

Elektron wrote: Hello Gordon
I will study this over the weekend as my time limit for a reconsideration is almost up,contact them by phone and also send a letter.My doctor has agreed to write me a letter but I can not obtain this until next week should I mention this to them. At my first assessment I ticked the box (20 - 50 metres).

But the HP must have said in her report that I couldn't reliably and repeatedly walk for more than 20 metres,but on this report I ticked the same box, but this HP hasn't made the same observation as the first one.Do you think I should tell them all this at this stage.Anyway I must say thank you for your advice to my first post.
Best Regards
Elektron


This is not an uncommon situation, the DWP will take the view that these are separate assessments of your limitations at a point in time, they have a very optimistic view of a claimants conditions, seeing them as something that will always improve or at the least that the claimant will adapt to their problems (sarcasm intended).

One of the things you need to show when using evidence that is not new is that it still applies to your conditions as they are now and why, to a considerable extent this will depend on what you conditions are and whether an improvement is a realistic proposition, don't assume that either the assessor or the Decision Maker will understand this.

Gordon

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

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