- Posts: 13
PIP mandatory reconsideration
- Deg Peard
- Topic Author
- Offline
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
Deg Peard wrote: I am wondering what the time scale of waiting for a medical might be once you have returned the forms to reassess from dla to pip? thanks
There will probably be some delays as they catch up from Christmas so I would expect 3-6 weeks.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Deg Peard
- Topic Author
- Offline
- Posts: 13
As my wife is in receipt of ESA support group will this affect her benefits? Would the change of my own DLA mean that the dwp may try to force my wife into claiming universal credit as a result? Thankyou
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
Deg Peard wrote: Just received news DLA to PIP unsuccessful, this due to assessors report brimming with lies, omissions and inaccuracies! Having to ask for reconsideration now.
As my wife is in receipt of ESA support group will this affect her benefits? Would the change of my own DLA mean that the dwp may try to force my wife into claiming universal credit as a result? Thankyou
Your PIP claim and your wife's ESA one are completely separate, even if you are consider to be part of her claim, there would be no reason why this would result in a transfer to Universal Credit.
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;
"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
Please Log in or Create an account to join the conversation.
- Deg Peard
- Topic Author
- Offline
- Posts: 13
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
ESA under UC is only live in two trial areas in London and even then it is only for new claims, no existing ESA claimants are being transferred at this time.
Does your wife receive any premiums as a result of your DLA, particular the Severe Disability Premium? If she does then your DLA claim being closed may affect the payment of this Premium.
If she is not receiving any Premiums then she must be receiving Contribution Based ESA only, in which case she does not come under the UC umbrella anyway as it is only Income Based ESA that is affected.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.