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From indefinite award DLA to 0 points for PIP

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3 years 5 months ago #253254 by Susan
Hello,

I received the dreaded brown envelope on Friday and were awarded no points. I was diagnosed with PTSD after witnessing a violent attack on my husband in 2005. Is there anybody that can help me with a mandatory decision. It is very frustrating that they say I did not sound anxious on the phone which I most definitely did. I even stated to the accessor at the outset of the call that I had been ill with an IBS flare up and have had a bad sleep because I was stressed because of the call. Thank you in advance.

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3 years 5 months ago #253266 by BIS
Hi Susan

I am sorry that this has happened to you. We are finding quite a few members reporting that assessors have said a claimant did not sound anxious or breathless. Firstly you need to ring and say that you are going to put in for an MR and follow up your request with a letter. You also need to get hold of your assessment report to see the detail of what informed the decision.

We have a guide on how to put in for an MR - Guide to PIP Appeals. www.benefitsandwork.co.uk/help-for-claimants/pip . You will need to scroll down the page to find it. Come back when you have looked through the guide if you have any specific questions and we will try to help.

BIS

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

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3 years 4 months ago #254146 by Susan
Hi,

Apologies if this has been asked before but with a Mandatory Reconsideration should I list the points of disagreement with my assessment report which I now have to hand or appeal?

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3 years 4 months ago #254148 by BIS
Hi Susan

Although the DWP recently lost in court and some ESA claimants will directly be able to appeal, it is not yet the case with PIP. So you have no choice but to put in a Mandatory Reconsideration. Now you have your report you can write to that. The most important thing is not to get bogged down in anything that will not earn you extra points. Also remember that the person who will be reading your MR is not medically trained, so be very clear how your difficulties impact on your life linking them to the PIP criteria. Reference any evidence that you sent in with your form.

BIS

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

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3 years 3 months ago #254631 by Susan
My Mandatory decision was dismissed. The main reason for doing so they stated is that I had no medical intervention for 10 years. My condition is chronic and my psychiatrist report states that I will not fully recover. I stated in my MR letter that the instruments of my brain working has changed and therefore I felt no medical intervention was necessary but am indeed still on medication and have been since the attack in 2005. Would it now be beneficial to see a psychiatrist again or just dispute the MR letter. FYI they have dismissed the fact that I cannot go on unplanned journeys without assistance and use public transport and cannot be around crowds. They have again stated that I did not seem tearful or upset during the telephone assessment which is completely untrue.

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3 years 3 months ago #254637 by BIS
Hi Susan

I'm sorry that your MR was dismissed. Only 17% of claimants are successful at this stage.

Only you can decide whether you ought to see a psychiatrist again. It appears that you are being disadvantaged because you have had no medical intervention in ten years. If you're still taking medication - will your GP provide any sort of letter for you?

Regarding the fact you cannot travel without assistance - do you not go out or do you travel with someone? If you travel with someone, then if you don't already have it you need a letter from them to add to your evidence.

Do look at the guide on how to put in your appeal. It's the "Guide to PIP appeals"
www.benefitsandwork.co.uk/help-for-claimants/pip

BIS

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

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