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I requested mandatory reconsideration of the PIP
- mother_hub
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9 years 1 month ago #155814 by mother_hub
I requested mandatory reconsideration of the PIP was created by mother_hub
I requested mandatory reconsideration of the PIP, also asked for information used to make their decision.
I received back Consultation report for PA4 and nothing else.
When I applied for PIP from DLA , I asked them to request a medical report from my GP, as I could not face reading the report due to mental health issues. What I would like to know did they have the duty of care to request the report from my GP.
Any help would be most appreciated
Kind regards
I received back Consultation report for PA4 and nothing else.
When I applied for PIP from DLA , I asked them to request a medical report from my GP, as I could not face reading the report due to mental health issues. What I would like to know did they have the duty of care to request the report from my GP.
Any help would be most appreciated
Kind regards
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- Gordon
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9 years 1 month ago #155830 by Gordon
There is no legal requirement for the Assessment Provider (AP) to contact any of the nominated HCP's on the PIP2, whilst I haven't seen any statistics for PIP I would be surprised if they actually contact the GP in more than one in ten claims.
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.
I would sit down with your PIP2, the assessment report and our PIP Claim guide to see where you can explain your limitations better than you have.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic I requested mandatory reconsideration of the PIP
mother_hub wrote: I requested mandatory reconsideration of the PIP, also asked for information used to make their decision.
I received back Consultation report for PA4 and nothing else.
When I applied for PIP from DLA , I asked them to request a medical report from my GP, as I could not face reading the report due to mental health issues. What I would like to know did they have the duty of care to request the report from my GP.
Any help would be most appreciated
Kind regards
There is no legal requirement for the Assessment Provider (AP) to contact any of the nominated HCP's on the PIP2, whilst I haven't seen any statistics for PIP I would be surprised if they actually contact the GP in more than one in ten claims.
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.
I would sit down with your PIP2, the assessment report and our PIP Claim guide to see where you can explain your limitations better than you have.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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