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Pip review - Award decreased

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4 years 11 months ago - 4 years 11 months ago #229555 by backache
Pip review - Award decreased was created by backache
This is my first post. I suffer from mental and physical conditions.

In 2016, i was awarded pip enhanced daily living for my physical conditions, but awarded zero points and no mobility award for both my mental and physical conditions.
I scored 15 points for daily living and nothing for mobility.

I got sent in Oct 2018 a pip review form, which i completed and filled in stating that there were no changes to the help that I needed with all of my daily activities, and explained in full as similar to my first Pip questionnaire

I also reported a change with my mobility with getting around, and again explained in full why.there was a change and why I needed the help concerned..

I was requested to attend a medical in march 2019 which I attended with my Mental Health support worker who gave me reassurance and support throughout the ordeal.

I recieved my decision letter today.

The decision letter says

'I looked at the health professional report and changed the descriptors previously chosen based on the medical evidence received'

But I wrote on my pip renewal form that there had been 'NO CHANGE' to the help I need with daily living. And no further evidence was submitted by me.

I visited my doctor recently and he told me that no one from the dwp, atos or otherwise has contacted him.

As a result, I have gone from 15 points enhanced daily living to 10 points standard living without proper justification.

Is this fair, despite I stated on my pip renewal form that there has been no change to my daily living needs? thanks
Last edit: 4 years 11 months ago by Gordon.

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4 years 11 months ago #229586 by Gordon
Replied by Gordon on topic pip renewal
backache

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

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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4 years 11 months ago #230080 by backache
Replied by backache on topic pip renewal
Hi Gordon

thanks for your reply. Further to my pip review I received a copy of the assessment report after phoning them.

The assessor has disagreed with the previous Healthcare professional report of 2 years ago.

This recent assessor has written in several areas "..this is inconsistent with report in FH which suggests he manages despite past PA4 advising prompting.

Her justification in these areas reads "MSE showed good cognition...."

It appears that the decision maker has just agreed and accepted this recent assessor's report and not really looked at my pip questionnaire and supplied evidence and the recent pip review form on which I stated there was no change to my daily living activities.


Thank you for posting the links to help with appealing etc.

I have downloaded your guides and am in the process of writing and requesting a Mandatory Reconsideration.

It appears to me that writing 'no change' on the pip review form does not safeguard your award.
In my case they decreased it. So unfair and unjust.
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4 years 11 months ago #230093 by backache
Replied by backache on topic pip renewal
Sorry Gordon, quick question please

Do I need to enclose the copy of the recent assessors report in with my mandatory reconsideration request. thank you

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4 years 11 months ago #230134 by Gordon
Replied by Gordon on topic pip renewal

backache wrote: Sorry Gordon, quick question please

Do I need to enclose the copy of the recent assessors report in with my mandatory reconsideration request. thank you


No, the DWP already have this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 11 months ago #230196 by backache
Replied by backache on topic pip renewal
thanks.

I have posted off my mandatory reconsideration request today.

I have explained in detail why I disagree with their decision to change my points and reduce my daily living award and how I meet the criteria.

Also, I have included further additional evidence to support my ongoing conditions of how they fit into the descriptors and again meet the criteria.

Because my letter had private and sensitive medical documents enclosed, I sent the envelope by 'special delivery' for added security and so it can be tracked and needs a signature upon delivery.

I guess it's a waiting game now to see if they will revise their recent adverse decision, although I am not banking on it based on their track history of not overturning decisions at Mandatory Reconsideration stage which then forces claimants through to the traumatising appeal process stage.

Who knows 'maybe there will be light at the end of the tunnel'
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