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TOPIC: PIP decision & HP Report

PIP decision & HP Report 1 month 4 days ago #238846

Hi B&W, I’m writing to ask for a little advice please.
My wife was on High Rate DLA for both Care & mobility. 8 weeks ago she had a fiancé to face assessment carried out at home. My wife has, amongst other things, Esophigal Dysphasia which means she chokes when swallowing solid food so mainly lives on clear or smooth soups. She needs a lot of encouragement and prompting to eat & take her medication because she is afraid to eat or have anything solid in her mouth. All this was explained to the lady who came to the house to assess her. We’ve had the decision and she was given 12 points for mobility and 9 for daily living. She scored 0 points for taking nutrition and 0 for help taking medication.
I’m considering asking for a MR but need to know if the DM’s report in the letter is the assessors report or can I ask for a copy of the assessors report before I decide to make a MR Claim? I’ve been studying your guides but can’t find anything that could point me in the right direction. Can you help. I need to apply for a MR before the 23rd of October.
Many thanks, Steve.

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PIP decision & HP Report 1 month 4 days ago #238848

Hi Vulcanxh588

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.

I know you are unsure whether you want the MR, but in case the assessor's report does not arrive quickly you could put in for one anyway and you can always withdraw if you want.

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 wife's claim, come back to the forum and we will do our best to help.

BIS

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP decision & HP Report 1 month 4 days ago #238870

My wife was on full DLA for both care & Mobility. She was “invited” to make a claim for PIP. After making the application she had a face to face assessment at home. We had the result last week and they awarded Standard Care & Enhanced Mobility hence the previous post.

Thank you BIS for your help.
I’ve contacted the dwp this evening and they’ve registered my request for a MR and they ordered me a copy of the Assessors Report.
I’ll keep you posted.

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PIP decision & HP Report 2 weeks 6 days ago #239631

Hi Folks, I am writing to give you an update to my wife’s PIP Claim.
In my last post I asked about making a MR request and you advised me to make it right away, I did that by phone and followed up with a letter. I asked them for a copy of the Assessors Report so that I could study it and question the relevant descriptors. In the meantime, on Monday 27/10/19 we were surprised to receive a letter from PIP saying they had reviewed my wife’s claim under the MR without me stating which points we disagree with or submitting new information and (the reviewer) had made the following decision.
They increased my wife’s Eating & Drinking from 0 points to 2 points and increased her Toileting Needs from 2 points to 4 points giving her an increase from 9 points to 13 points therefore giving her the Enhanced Rate for Daily Living, she kept the 12 points for Mobility. My wife had been on full Care & Mobility from her previous DLA Award.
We are absolutely delighted with the result especially that my wife won’t have to go through the appeal process.
We would like to say Thank You to Steve, Gordon, BIS & the team for your most invaluable help without which we would never have known what to do. Your guides are worth every penny of the subscription fee.
We’ve been with you for a number of years because we knew that this day would eventually come. I would urge anyone on any benefits to sign up to Benefits and Work your help is the best I’ve ever had and I will continue to subscribe to B&W. Thank you once again.
Best regards, Vulcanxh558 & Wife.
The following user(s) said Thank You: ivyfox

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PIP decision & HP Report 2 weeks 6 days ago #239646

Vulcanxh

Congratulations on getting the original Decision revised, well done.

Gordon

Tags: @RESULT @PIP @MR

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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