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PIP help and advice needed please

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5 years 6 days ago #228079 by Twinklelight
PIP help and advice needed please was created by Twinklelight
I have been in receipt of DLA for a number of years due to severe anxiety disorder. Several years ago I was reassesed and moved on to PIP . I was awarded the lower rate mobility as I need someone with me when I leave the house as I cannot go out alone due to anxiety and how it effects me. My current PIP award was due to end at the end of this year and I was sent the renewal forms in December last year which I completed and stated there had been no change to my condition and how it effects me etc since my claim. I have recieved the dreaded brown envelope today with the decision that as of March 19th I am no longer entitled to any PIP award. The decision says " I looked at the health professional consultation report and changed the descriptors previously chosen based on the medical evidence recieved. I ended your Pip award from 19th March 2019 as you no longer mèet the conditions for PIP and I would not of expected you to know from the information provided that your PiP would change " Could anybody explain what this means please . I havnt had a recent health professional report so is this baswd on the one I had 3 years ago. I have had no change since then so does this mean I wasnt entitled to PIP in the first place . I honestly have no clue any help most appreciated thanku

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5 years 5 days ago #228100 by Gordon
Replied by Gordon on topic PIP help and advice needed please
Twinklelight

Just to confirm, although you completed and returned a Review form you were not asked to attend a face to face assessment?

There are three possibilities;

- This Decision is a result of the DWP reviewing previous PIP Mobility awards due to changes to criteria that the DWP made which were then found to be illegal. It is possible that they have decided that you did not meet the criteria at that time but as the responsible minister said that claimants would not be worse off as a result of the review it is only now that your claim has been ended.

You will have to check whether a Paper Based Review of your claim was made using the latest form you completed.

- As a result of this review, they have now decided that you did not meet the criteria previously but as this was their error your award is only now being stopped.

- As a result of this review, they have decided that you now do not meet the criteria for an award.

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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