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mandatory claim
- Octoberjones
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6 years 8 months ago #218929 by Octoberjones
mandatory claim was created by Octoberjones
hi my name is david i am new to the forum. i lost my pip claim by 2 points {10pts for moving around 0 points for planning following a journey}i told HP at my medical that my wife prompts me to go out also on award letter stated i did not appear anxious and have no diagnosis of anxiety which is not the case as i am tablets prescribed by my GP AS I SUFFER WITH PANIC ATTACKS. could you please advise me about appealing.thank you .
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- Gordon
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6 years 8 months ago #218961 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic mandatory claim
D
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
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
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
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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- Octoberjones
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6 years 8 months ago #219123 by Octoberjones
Replied by Octoberjones on topic mandatory claim
hi gordon
i have looked at hp decision for me not getting enhanced mobiliity following ajourney
it stated i did not appear agitated anxious /tense/hostile and engagedand coped well.no diagnosisof anxiety and not currently not recievingany specialist input for anxiety or p5escrbed medication.this certanly not the case as i am on diazapan tablets for my anxiety and panick attacks.on the day of medical i dosed myself up and felt confident because my wife was with me and i felt at ease.my wife is my rock she does everythig for me.i take sleeping tablets and feel groggy and have to be prompted to go out in car to get to hospital appoitments one of my hospitls is 50miles away as it onlyy one that specilises in my condition i have CMT {progressive degenerative desease of nervous system].thank you for taking time to read this i am sorry for poor litracy any advice would greatly be appreciated.
i have looked at hp decision for me not getting enhanced mobiliity following ajourney
it stated i did not appear agitated anxious /tense/hostile and engagedand coped well.no diagnosisof anxiety and not currently not recievingany specialist input for anxiety or p5escrbed medication.this certanly not the case as i am on diazapan tablets for my anxiety and panick attacks.on the day of medical i dosed myself up and felt confident because my wife was with me and i felt at ease.my wife is my rock she does everythig for me.i take sleeping tablets and feel groggy and have to be prompted to go out in car to get to hospital appoitments one of my hospitls is 50miles away as it onlyy one that specilises in my condition i have CMT {progressive degenerative desease of nervous system].thank you for taking time to read this i am sorry for poor litracy any advice would greatly be appreciated.
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- Gordon
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6 years 8 months ago #219131 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic mandatory claim
D
I can only go by the information you have posted but you do not obviously meet the criteria to score for the Going Out Activity.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
Gordon
I can only go by the information you have posted but you do not obviously meet the criteria to score for the Going Out Activity.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Octoberjones
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