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Disappoined
- Michael King
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5 years 10 months ago #233397 by Michael King
Disappoined was created by Michael King
After being on High rate care and Mobility Indefinitely for the last 14 years due to my severe COPD and Spondylosis of my lower spine, I have had my PIP assessment and been awarded both Standard Rate for care and mobility. This means I will be £268 per month worse off.
I received a text asking me to contact them as they had not received my claim pack! Ludicrous as I had even had my face to face assessment! I was advised a letter was to be sent to me and he then told me the contents of the award over the phone.
I presume I can appeal once I receive the letter, I found the guides you gave did not help me enough in fact some information was out of date!
I received a text asking me to contact them as they had not received my claim pack! Ludicrous as I had even had my face to face assessment! I was advised a letter was to be sent to me and he then told me the contents of the award over the phone.
I presume I can appeal once I receive the letter, I found the guides you gave did not help me enough in fact some information was out of date!
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- Gordon
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5 years 10 months ago #233405 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Disappoined
M
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?
What information in the guides is out of date?
What award were you expecting, understanding that the criteria for DLA HRC is not replicated in PIP and that the Mobility criteria is significantly stricter so that the Standard rate is equivalent to DLA HRM?
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?
What information in the guides is out of date?
What award were you expecting, understanding that the criteria for DLA HRC is not replicated in PIP and that the Mobility criteria is significantly stricter so that the Standard rate is equivalent to DLA HRM?
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
The following user(s) said Thank You: Michael King
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