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Should I challenge report before DWP decide award?
- DebbieMc
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5 years 2 months ago #245495 by DebbieMc
Should I challenge report before DWP decide award? was created by DebbieMc
Hi,
I had my f to f last weekend and have received a copy of Atos report from DWP, they haven’t made a decision yet and advised it would probably be about 8 weeks till that happens.
I have been in receipt of DLA Highest rate for care and mobility since 2002 with indefinitely awarded in 2008) now moving to PIP and according to Atos descriptors I will probability be awarded enhanced for care and standard for mobility, and lose my car (I’ve been on motability scheme for 16.5 years, it’s the only way I can leave the house). The report is shockingly inaccurate with hugely relevant information missing and comments reported on questions I wasn’t asked and though my issues have deteriorated over the years it’s suggested review is in 2 years!! so I called Atos and asked if I could challenge report before DWP make a decision and they said I could. Has anyone done this? I think I would have a good chance at MR Or tribunal but I don’t want to be without a car for the amount of time they take to deal with appeals. I know no one can make the decision for me but any thoughts or advice would be very much appreciated and thank you in advance for taking the time.
I had my f to f last weekend and have received a copy of Atos report from DWP, they haven’t made a decision yet and advised it would probably be about 8 weeks till that happens.
I have been in receipt of DLA Highest rate for care and mobility since 2002 with indefinitely awarded in 2008) now moving to PIP and according to Atos descriptors I will probability be awarded enhanced for care and standard for mobility, and lose my car (I’ve been on motability scheme for 16.5 years, it’s the only way I can leave the house). The report is shockingly inaccurate with hugely relevant information missing and comments reported on questions I wasn’t asked and though my issues have deteriorated over the years it’s suggested review is in 2 years!! so I called Atos and asked if I could challenge report before DWP make a decision and they said I could. Has anyone done this? I think I would have a good chance at MR Or tribunal but I don’t want to be without a car for the amount of time they take to deal with appeals. I know no one can make the decision for me but any thoughts or advice would be very much appreciated and thank you in advance for taking the time.
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- Gordon
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5 years 2 months ago #245503 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Should I challenge report before DWP decide award?
Debbie
Only you can decide whether to take any action before the Decision is made.
You can make a complaint to the Assessment Provider but this will be separate from the Decision process and it is unlikely that you will receive a result before the Decision is made.
There is a small window for you to write to the Decision Maker but you will need to be quick.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Make sure that your letter makes it clear that you are not requesting a Mandatory Reconsideration but you reserve the right to do so once a Decision has been made.
Gordon
Only you can decide whether to take any action before the Decision is made.
You can make a complaint to the Assessment Provider but this will be separate from the Decision process and it is unlikely that you will receive a result before the Decision is made.
There is a small window for you to write to the Decision Maker but you will need to be quick.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Make sure that your letter makes it clear that you are not requesting a Mandatory Reconsideration but you reserve the right to do so once a Decision has been made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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