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7 years 1 month ago #209169 by Helga
Higher care & mobilty downgraded was created by Helga
Hello! Don't really know what my question is - maybe I'm after some reassurance before I begin the reconsideration/tribunal process?!
Since 1990, Ive been in receipt of higher mobility and higher care. I received the letter from my assessment on Saturday which says as of October 2017, I am entitled to lower PIP care and zero help with getting around. Obviously I'm concerned.
My assessment was hellish and since, have been formulating a complaint against the process. The report sent to me is not a true reflection of the meeting now accuracy in terms of examination or opportunities for me to explain my symptoms and restrictions. I was using both crutches on this day, had not been out the house for 4 days previously (due to mobility issues!) so was very unsteady and weak. Most of my assessment was spent with me trying to stand/sit/be in a position suited to my pain. I asked twice could I use the couch instead of the chair and twice was told, quite aggressively, his safety would be compromised if his back was facing me as the couch was behind his computer! I didn't fall over but both times, I felt as if I would pass-out.
I followed the wonderful guides on here, sent a symptom diary and a 20 page document expanding on information given within the main application form. I sent previous letters of support from my GP and consultant that were provided for an ES Aappeal - I now am in receipt of ESA Limited Capability.
Up to this point, will the DWP have contacted my doctors to help them with their decision? If my reconsideration/tribunal is not successful, will my ESA be reviewed too?
Any additional advice, stories of hope or signposting greatly appreciated! :) :)

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7 years 1 month ago #209219 by Gordon
Replied by Gordon on topic Higher care & mobilty downgraded
Helga

We haven't seen an ESA award adversely effected by a partial PIP award and only a couple of members have reported being reassessed and those could have been by coincidence.

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

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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7 years 1 month ago #209597 by Helga
Replied by Helga on topic Higher care & mobilty downgraded
Thank you Gordon :)

I'm trawling through all the relevant publications of yours! Essentially, I want to ask for a mandatory reconsideration as I don't believe the assessment was a true reflection of the day, my health nor the impact on daily life as a result of my conditions. I am due to send my supporting evidence to my GP and consultant to hopefully comment and support.

Can you please clarify, is the medical report the information contained within the letter sent by the DWP? On pages 4 & 5 of this letter, there is a short assessment report which it says the decision is based on.

My biggest concern now is that a letter landed yesterday from motability to say I need to return my car (18 moths in to a motability aggreement) by either June or October 2018. My vehicle is my life and gives me access to the outside world. I'm devastated and scared. Given this status quo and my lack of income, I'm facing not being able to get out and about at all as need a vehicle to enable such freedom and I am unable to afford a car let alone one that is suitable for my needs (automatic, high seat etc). The DWP letter says I am not entitled to any mobility needs from October 2017. Queries:
- Do I have to repay to motability this amount from oct 17 even if I lodge a reconsideration notice/appeal?
- Do I have to return the car even if I am in the reconsideration/appeal process?
- Will my current DLA be paid until the reconsideration process/appeal is complete?

Currently trying to breathe and remain calm!

Thank you

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7 years 1 month ago #209644 by Gordon
Replied by Gordon on topic Higher care & mobilty downgraded
Helga

The information in the Decision Letter is the Decision Maker's Statement of Reasons there will be a separate report (about 30 pages) that was produced by the assessor, you can request a copy of this from the DWP office dealing with your claim.

I assume that the date in October 2017 was when you made you claim for PIP, you have been found to have no mobility needs for PIP, you DLA was not reassessed and therefore you will not have to pay anything back either to the DWP or Motability.

As you are transferrring from DLA to PIP then you do have options for retaing your care for up to 26 weeks, contact Motability for further information.

I'm afraid (unless you are in Northern Ireland), your DLA will cease payment at the specified date, whether you challenge the Decision or not.

Gordon

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7 years 1 month ago #209647 by Helga
Replied by Helga on topic Higher care & mobilty downgraded
Thank you. How do I request the report? Can this be done by phone?

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7 years 1 month ago #209659 by Gordon
Replied by Gordon on topic Higher care & mobilty downgraded

Helga wrote: Thank you. How do I request the report? Can this be done by phone?


Yes just phone the office dealing with your claim.

Gordon

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