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Requesting PIP manadatory review
- Bluejay
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5 years 4 months ago #242186 by Bluejay
Requesting PIP manadatory review was created by Bluejay
Hello, I'm planning to request a PIP mandatory review but I'm not sure how to proceed and I'm wondering if you can help me. I received 4 points for daily living and 0 points for mobility. I think I should get at least 8 for daily living and 12 for mobility. In the report (PA4), in the 'evidence considered' section, only 'PIP questionnaire' is listed although I submitted with the questionnaire 10 documents, including letters from my GP and psychotherapist, previous reports from specialist CFS/ME services, and information about past treatments. Also, reading the report, there's no evidence that the additional sheets I sent alongside the PIP questionnaire have been considered. I think that many of the issues raised in the report are addressed by the further evidence and additional sheets; for example, not being prescribed pain medication; the variability in my conditions, their impact on daily living. Although I thought I was prepared for the PIP assessment (thanks to your excellent guide!), on the day I didn't do very well at explaining my conditions and their impact on my daily living - I think, because of stress and fatigue, I sort of gave up and just wanted it to be over. There are some inaccuracies in the report, including in the 'history' section, getting the name of my mental health condition wrong; reporting that I do something that I do not do and did not say I do; and a contradiction regarding medication. Also, I take issue with some of the observations, such as eye contact, rapport, anxiety, physical appearance, and the conclusions that have been drawn from these observations.
I'm aware that I need to be specific and concise and that it's not necessarily helpful to challenge everything in my letter when I request a mandatory review so I'm wondering if it would be enough to simply say that because the further evidence I submitted has not been listed, and it does not seem that the additional sheets have been considered either, that the report is unreliable? Or should I also explain the detail of how the further evidence and additional sheets address the issues raised in the report, and therefore how I meet the criteria? Or should I also try to challenge the report itsef, i.e. the inaccuracies and observations and conclusions drawn? I'm unsure about what to do for the best and have very little confidence in the process as a result of my experience so far.
I'm sorry my post is so long and I hope it's clear enough to follow. Thank you very much for your time and any advice you can offer. All the best!
I'm aware that I need to be specific and concise and that it's not necessarily helpful to challenge everything in my letter when I request a mandatory review so I'm wondering if it would be enough to simply say that because the further evidence I submitted has not been listed, and it does not seem that the additional sheets have been considered either, that the report is unreliable? Or should I also explain the detail of how the further evidence and additional sheets address the issues raised in the report, and therefore how I meet the criteria? Or should I also try to challenge the report itsef, i.e. the inaccuracies and observations and conclusions drawn? I'm unsure about what to do for the best and have very little confidence in the process as a result of my experience so far.
I'm sorry my post is so long and I hope it's clear enough to follow. Thank you very much for your time and any advice you can offer. All the best!
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- Gordon
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5 years 4 months ago #242194 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Requesting PIP manadatory review
Jay
Whilst you should certainly query whether you letters were taken into account when the Decision was made you also need to deal with the possibility that they were and respond to the specific issues raised in the report.
Our PIP MR & Appeal guides are in the PIP area
www.benefitsandwork.co.uk/help-for-claimants/pip
Whilst an inaccurate report is almost certain to have played a part you also need to consider whether you have properly explained your problems in your claim form, is it possible that you have misunderstood the Descriptors, described your problems in terms that do not match the Descriptors or failed to make appropriate use of the reliability criteria or the need for your limitations to be present on the majority of days to be considered?
Gordon
Whilst you should certainly query whether you letters were taken into account when the Decision was made you also need to deal with the possibility that they were and respond to the specific issues raised in the report.
Our PIP MR & Appeal guides are in the PIP area
www.benefitsandwork.co.uk/help-for-claimants/pip
Whilst an inaccurate report is almost certain to have played a part you also need to consider whether you have properly explained your problems in your claim form, is it possible that you have misunderstood the Descriptors, described your problems in terms that do not match the Descriptors or failed to make appropriate use of the reliability criteria or the need for your limitations to be present on the majority of days to be considered?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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