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Advice please
- FernH
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8 years 6 months ago #176569 by FernH
Advice please was created by FernH
I am being moved from DLA to PIP but have been unsuccessful and have asked for a mandatory review.
Today, I was told that my working tax credits would be stopped as I have been unsuccessful at getting PIP. This now means that I need to increase my hours from 16 to 30hrs to be eligible for WTC. My health will not allow me to do this many hours and my work will be unable to give me this number of hours too. Then I spoke to my local council about my housing benefit and I have lost the disabled element of that too. I'm gutted. I may have to leave my job and go back onto ESA. I was in the WRAG after an appeal when I was last on it. Help...what do I do and where do I go from here? Has anyone else been in this situation? All i will have coming in are my wages for working 16hrs a week and very minimal housing benefit and no real reduction in my council tax. I'm tied into contracts with my mobile phone and sky! I also have about £350 on my credit cards as I was going to pay that off over a couple of months with a combination of my WTC and wages.
Any help or advice would be appreciated. Thank you.
Today, I was told that my working tax credits would be stopped as I have been unsuccessful at getting PIP. This now means that I need to increase my hours from 16 to 30hrs to be eligible for WTC. My health will not allow me to do this many hours and my work will be unable to give me this number of hours too. Then I spoke to my local council about my housing benefit and I have lost the disabled element of that too. I'm gutted. I may have to leave my job and go back onto ESA. I was in the WRAG after an appeal when I was last on it. Help...what do I do and where do I go from here? Has anyone else been in this situation? All i will have coming in are my wages for working 16hrs a week and very minimal housing benefit and no real reduction in my council tax. I'm tied into contracts with my mobile phone and sky! I also have about £350 on my credit cards as I was going to pay that off over a couple of months with a combination of my WTC and wages.
Any help or advice would be appreciated. Thank you.
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- Gordon
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8 years 6 months ago #176586 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice please
Fern
I'm afraid we don't give detailed financial advice on the forum, I would recommend that you visit your local CAB office as they will have staff with experience in this area.
In regard your MR.
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, the PIP area also has 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
I'm afraid we don't give detailed financial advice on the forum, I would recommend that you visit your local CAB office as they will have staff with experience in this area.
In regard your MR.
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, the PIP area also has 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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