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Help if possible?

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3 years 6 months ago #251637 by traceytracey
Help if possible? was created by traceytracey
Hi all,
My daughter has just had her decision through. She has been awarded 12 points for planning and following a journey but only 6 for daily living.
She suffers from epilepsy, incontinence & anxiety & depression (due to her disabilities).

The DM has taken the information from the HP i.e stating "telephone evidence suggests" all the way through the decision, however the "telephone evidence" is based on a 15 minute phone call that my daughter had without any warning. My daughter explained to the HP that she couldn't talk long as she was waiting for an estate agent to knock the door. The decision maker seems to have based her decision on this.

My questions are:-
(1) Are they allowed to phone out of the blue and do a telephone assessment? The HP said it was just a couple of questions but has based the whole report on this. i cannot understand how they can get enough information on how things affect her on all questions in 15 minutes.

(2) Can we request a MR based on the daily living part only? which will keep the mobility part running?

(3) There were letters from myself and her ex-fiance explaining how her disability affects her physically and mentally on a daily basis, but these were not listed as evidence? (on my pip claim it states letter from friend as evidence) do they just pick and choose which evidence they include?

(4) it states on HP report 11 pages of evidence read but not considered? do you know what that means as there were 45 pages of medical evidence?

(5) It seems that because she has seizures without warning she is unable to follow a route without assistance etc,(12 points) should the same not apply to daily living because she can harm herself wherever she is?

They have not taken into account the effect of having a seizure has on her physically for a day or two after a seizure, it was written on the original form but doesn't seem to have been taken into account, only what the HP has reported.

Sorry for long post but frustrated :(
Any help you can give would be much appreciated.
Kind regards
Traceytracey :)

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3 years 6 months ago #251639 by Gary
Replied by Gary on topic Help if possible?
Hi traceytracey

From your post I assume that you have a copy of your daughters assessors report (PA4 v3).

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. Make it clear that you agree with the mobility component but not with the daily living component. 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

Using 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.

Don't waste time criticising the assessor - but refute, inaccuracies in the report and concentrate on the areas where you think you should have scored differently.

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.

Gary

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

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3 years 5 months ago #253295 by traceytracey
Replied by traceytracey on topic Help if possible?
Hi All,

I just want to say a huge "THANK YOU" for your help and guidance. After sending in a MR my daughter has now been awarded standard daily living and enhanced mobility for 2 years. This is fantastic news for her. i wouldn't have been able to help her without this site :)

Thanks again
traceytracey
The following user(s) said Thank You: denby

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3 years 5 months ago #253308 by Gary
Replied by Gary on topic Help if possible?
Hi traceytracey

That is really terrific news, well done and congratulations.

Thank you for letting us know.

Gary

Tags: @RESULT@MR @PIP

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