- Posts: 12
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- PIP result - shall I ask for mandatory review?
× Members
PIP result - shall I ask for mandatory review?
- Lesley Kerrigan
- Topic Author
- Offline
Less More
5 years 1 day ago #247651 by Lesley Kerrigan
PIP result - shall I ask for mandatory review? was created by Lesley Kerrigan
Hi, I would like some advice please.
I have received PIP for approx 5 yrs. I have chronic severe migraine and vision loss at times. I have been on enhanced care. I returned my review form in Dec 2019 with help from your guides and a friend. We were very thorough.
I had 3x face to face assessments cancelled by IAS. I eventually had a phone assessment less than 2 weeks ago (22/4/20). I received the result today after 12 days.
I have been awarded standard care even though my condition has worsened and I have also been diagnosed recently with PTSD (that wasn't on my form but the IAS assessor made a note of it).
The assessor appeared very nice and understanding but the decision maker appears to have inaccuracies in his comments which do not marry up with my telephone assessment answers.
Shall I go for a MR as surely I should be on enhanced care when my condition has not improved but worsened, there are inaccuracies and it seems to have come through incredibly quickly - like a rush job!
Many thanks, Lesley
I have received PIP for approx 5 yrs. I have chronic severe migraine and vision loss at times. I have been on enhanced care. I returned my review form in Dec 2019 with help from your guides and a friend. We were very thorough.
I had 3x face to face assessments cancelled by IAS. I eventually had a phone assessment less than 2 weeks ago (22/4/20). I received the result today after 12 days.
I have been awarded standard care even though my condition has worsened and I have also been diagnosed recently with PTSD (that wasn't on my form but the IAS assessor made a note of it).
The assessor appeared very nice and understanding but the decision maker appears to have inaccuracies in his comments which do not marry up with my telephone assessment answers.
Shall I go for a MR as surely I should be on enhanced care when my condition has not improved but worsened, there are inaccuracies and it seems to have come through incredibly quickly - like a rush job!
Many thanks, Lesley
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 1 day ago #247653 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP result - shall I ask for mandatory review?
Lesly
It has to be your decision whether you request an MR or not.
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
It has to be your decision whether you request an MR or not.
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
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David