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Need advice about lower rate from mandatory recon

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4 years 9 months ago #249877 by Flower
Hi everyone.

I need some advice. I got awarded 0 points for my PIP assessment and wrote a mandatory reconsideration. Surprisingly I got awarded but just standard daily living. When I know I should get enhanced daily living and at least standard mobility. Should I challenge this? If so how do I go about it? Do I run the risk of losing the award I got?

Thanks

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4 years 9 months ago #249881 by Gary
Hi Flower

You ask the question 'Do I run the risk of losing the award I got?' the answer is yes, there is always a risk.

From your post I am not sure if you asked for a copy of the assessors report (PA4 v3).

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;

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. There are many reasons you may have failed, you need to address each of these.

If you want to appeal a Decision then you must either complete an SSCS1 form or request the appeal via the Tribunal Service's online system.

www.gov.uk/appeal-benefit-decision

Our appeal guides explain the process and have links to the form. The Submissions document has completed examples of the form.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Flower

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4 years 9 months ago #249890 by Flower
Thanks so much Gary for always being so helpful. I’ll read through the guides. But it’s just like if my mandatory reconsideration got rejected, I have to appeal to a judge? What happens in the interim does my payment at my current rate get stopped?

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4 years 9 months ago #249891 by Flower
Oh and also I did request and receive a report of the original assessment. Do I need to ask for another one from the mandatory reconsideration? Or are you referring to the one I have already?

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4 years 9 months ago #249895 by Gordon

Flower wrote: Thanks so much Gary for always being so helpful. I’ll read through the guides. But it’s just like if my mandatory reconsideration got rejected, I have to appeal to a judge? What happens in the interim does my payment at my current rate get stopped?


Any award that was made will remain in payment while you wait for a Tribunal hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Flower

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4 years 9 months ago #249896 by Gordon

Flower wrote: Oh and also I did request and receive a report of the original assessment. Do I need to ask for another one from the mandatory reconsideration? Or are you referring to the one I have already?


No, there is only one report so if you have it already then you do not need to request it again.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Flower

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