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Orangeblossom's PIP Queries Topic !!

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8 years 3 weeks ago #157374 by Orangeblossom
Replied by Orangeblossom on topic Orangeblossom's PIP Queries Topic !!
I have had a look at the appeals guide and I think the next step is a mandatory reconsideration. I suppose I need to write to them and request this and also a copy of the Pip report?

I find the phone stressful, so I do not wish to discuss it with them on the phone. Can I mention I wish communications to be in writing? Is it best to wait for the Pip report before I ask for the MR or just ask for both at the same time. I don't think I have further medical evidence to provide.

Many thanks

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8 years 3 weeks ago #157377 by Orangeblossom
Replied by Orangeblossom on topic Orangeblossom's PIP Queries Topic !!
Can i also ask does PIP continue while you do a MR / appeal process?

It was meant to be awarded to 2017 but the new letter says it will finish now. Thanks and sorry about the several posts. I'm quite stressed. Many thanks for your patience.

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8 years 3 weeks ago #157387 by Gordon
Replied by Gordon on topic Orangeblossom's PIP Queries Topic !!
Orangeblossom

I'm sorry your reassessment was unsuccessful.

You can certainly argue that the Decision, as it replaces an existing award is unsound given that no face to face was carried out.

I'm afraid as there is no award, there will be no ongoing payments while you appeal.

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 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.

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
The following user(s) said Thank You: Orangeblossom

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8 years 3 weeks ago #157392 by Orangeblossom
Replied by Orangeblossom on topic Orangeblossom's PIP Queries Topic !!
Many thanks Gordon. I read your post about only posting if really important after this, so I'm sorry to bother you I was just really stressed.

On the letter it says that they agree with some of the points but not others- I did mention myself I need no help with toilet needs, for example or dressing, however they have included other things too. I can't help but think they have put me just under the levels at which I would have got the award.I am wondering if they are basing all this on the fact that I have been discharged from the mental health team and now back with the GP; as you say best to wait for the reasons.

However my previous award was mainly around me needing 'prompting' and I can't understand how they can say that has changed without a medical.

I am scared of them ringing me and beginning to feel quite scared that they are watching me etc, all signs I know I need to go see my GP. It's so stressful all of this, anyway sorry I know you all have it to deal with too. I am going to try my best to stay calm and rational and try and treat it as just something which is not so personally important. I will start by asking for the reasons, do I need to ring them about this or write? I read somewhere they might try and ring me- is that true? Thank you

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8 years 3 weeks ago #157405 by Gordon
Replied by Gordon on topic Orangeblossom's PIP Queries Topic !!
Orangeblossom

You should be able to do everything in writing but it may take longer, as an alternative someone can ring on your behalf although you will need to be present for the call.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Orangeblossom

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8 years 3 weeks ago #157429 by Orangeblossom
Replied by Orangeblossom on topic Orangeblossom's PIP Queries Topic !!
Thank you- I have written to ask them to send us the report they based it on, and then will see. Can i just check, this means that if it goes to appeal, there is now no chance of being called for an assessment? I feel a bit odd about this- last time I had a home visit which was good. Of course it is good not to have one, but surely we should have a chance of one. I guess the other option would be the appeal tribunal itself.

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