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Re: PIP Mandatory Reconsideration
- fcum
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6 years 2 days ago #230052 by fcum
Re: PIP Mandatory Reconsideration was created by fcum
I have received my letter today informing me that I`ll receive the standard rate for daily living needs but its time limited for 3 years.
Firstly, my mental health has not got better and there are no signs of improvement is there a reason why it`s time limited? My DLA was awarded indefinitely.
Also, the points awarded are either 2 or 1 (loads of zeros) and what is written doesn`t reflect the 15min interview I attended. For eg, 2 points for preparing food but zero points for eating and drinking!
Mixing with other people 2 points but Communicating zero points. There are other anomalies.
Reading zero-I can read and understand basic or complex info! No-where did I say this or give the appearance there of.
The final decision "you showed no signs of anxiety or thought disorder-I had to be prompted to speak and speak louder and told the examiner I didn`t understand the questions. I showed signs of self-harm on my arms and tummy and how I was constantly suicidal. This wasn`t in their report?
Do I have grounds to appeal? I called and asked for a MR and was told I could lose my award as well but I said to go ahead and I would write a letter. Is it worthwhile taking the chance of losing this award?
Firstly, my mental health has not got better and there are no signs of improvement is there a reason why it`s time limited? My DLA was awarded indefinitely.
Also, the points awarded are either 2 or 1 (loads of zeros) and what is written doesn`t reflect the 15min interview I attended. For eg, 2 points for preparing food but zero points for eating and drinking!
Mixing with other people 2 points but Communicating zero points. There are other anomalies.
Reading zero-I can read and understand basic or complex info! No-where did I say this or give the appearance there of.
The final decision "you showed no signs of anxiety or thought disorder-I had to be prompted to speak and speak louder and told the examiner I didn`t understand the questions. I showed signs of self-harm on my arms and tummy and how I was constantly suicidal. This wasn`t in their report?
Do I have grounds to appeal? I called and asked for a MR and was told I could lose my award as well but I said to go ahead and I would write a letter. Is it worthwhile taking the chance of losing this award?
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- Gordon
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6 years 2 days ago - 6 years 2 days ago #230056 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re: PIP Mandatory Reconsideration
rb
Forgive me but I am not sure that I agree with your anomalies, the food you might eat in Taking Nutrition does not have to be the same as the meal you might prepare and cook in the previous activity.
It's reasonable to argue that problems with Communication could also impact on your ability to Mix with Other People but the reverse is not.
You've posted here today and before so I am struggling to understand why you have an issue for Reading do you use text to speech / speech to text software?
I'm not saying that you cannot score for these activities but you need to argue based on your meeting the specific criteria for these activities
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
Forgive me but I am not sure that I agree with your anomalies, the food you might eat in Taking Nutrition does not have to be the same as the meal you might prepare and cook in the previous activity.
It's reasonable to argue that problems with Communication could also impact on your ability to Mix with Other People but the reverse is not.
You've posted here today and before so I am struggling to understand why you have an issue for Reading do you use text to speech / speech to text software?
I'm not saying that you cannot score for these activities but you need to argue based on your meeting the specific criteria for these activities
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
Last edit: 6 years 2 days ago by Gordon.
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