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PIP - do I need Statement of Reasons before Mandatory Reconsideraion?

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1 year 9 months ago #271726 by Greg
Hi folks, thanks in advance for helping me out.

I'm unable to work due to total kidney failure and all that entails.

I applied for pip 5 months ago, I checked carefully and had abut 14 and 16 points I think, in any case well clear of the 12 points each so I should have been awarded the living and mobility categories at the upper rate.

A couple weeks ago I had a cross examination style 1hr 45min telephone interview by Capita and DWP then wrote to tell me I was awarded 8 and 10 points respectively and had been awarded standard rates. I'm also on Universal Credit 'unable to work or carry out work related activities" category which stops me having to provide sick notes/see a jobs coach/hand in fit notes.

I want to challenge this so am about to request a mandatory reconsideration. I'm unclear if the decision letter they sent me is also their statement of reasons, or if I request from them a statement of reasons now that will give me more information.

I want to throw everything I have at this to get it overturned to the higher rates, I know I''ll likely have to go to tribunal but I want to exhaust each stage.

Do I need to request from them their 'statement of reasons? Any other advice appreciated as well.

Thanks, ,Greg

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1 year 9 months ago #271734 by LL26
Hi Greg
I am sorry to hear about the manner in which you were assessed and the decision made as a consequence.
Firstly I need to clarify some terms. The written statement of reasons (WSOR) comes from the tribunal.
Basically the process is
make claim, (refusal)
do MR (refusal)
appeal to tribunal (refusal)
Obtain WSOR which is the fully written out reasons for the tribunal decision, which you could then scrutinise to determine whether an error of law has occurred to enable a further appeal to the Upper Tribunal.
So, when you refer to WSOR you probably mean the Decision Notice sent by DWP. (You make a claim and DWP send a letter with maybe a paragraph or two stating why points have or have not been awarded, usually followed by a a list of points actually awarded.)
At this stage, you may want to phone DWP and ask for a copy of the assessment report PA4. You are entitled to thus ( don't get fobbed off) the report shoukdbe typed up already if a decision has been made. The PA4 will provide a more full explanation of why points have been awarded or not.
It is often the case that you will disagree with the report. If this was recorded by you or DWP you can use the recording to check exactly dhat was said and match that with what has been written down!
Even without a recording, go through the report and highlight parts you disagree with. Write them down on a spare page and then try and group into say for or five bullet points.
These could be
• False assumptions( eg can drive fo can do everything)
•Walks 3 miles per day ( which you didn't actually say because you can't do this)
• ignoring the help you actually described you need ( assessor clearly misunderstood)
• condescending manner/overtalking etc
Use 1 or 2 the worst examples to illustrate these bullet points. There may be other issues - the ones above are typical problems but write what is personal to you. Set this aside, to combine into a letter.
Head your letter
PIP Mandatory Reconsideration Request
Then you might wish to state that you were previously on enhanced rate x2 and nothing has changed,( or state if things are worse). Make it clear that you wish DWP to review the standard x2 award.

When benefits are reduced in this manner its called a Supersession. DWP will have to show that there has been an actual change in circumstances in order to supersede. This is not just a different opinion from an assessor who clearly has either ignored or misunderstood your health issues.

Maybe your treatments are more often, or if you have dialysis it takes longer or is more difficult. Perhaps the strength if medication had been increased. Perhaps you now have additional health issues? These sort of things are measurable ways of proving that your health is worse. Other evidence that you can no longer walk as far, or do less daily living activities/ need more help is more difficult to prove but should still be included if your condition is worse. Write an overview of the changes Or,
If things are unchanged then explain this in detail giving an overview of the difficulties you have in an opening paragraph.
Then you can add your bullet point criticisms of the assessor.
Finally, go through each individual descriptor and explain the previous points, and why you still need the same help etc.as before and hence the original score should remain, or greater score if your problems now indicate this. It is ok to suggest the correct score for each descriptor.
Include any relevant medical evidence (again if already submitted as it was clearly ignored!) Refer to it .
If you have home dialysis you may wish to consider whether you need help to perform this treatment. This could be a potential source of points under managing treatments. The members guides give lots of information if you need more help in deciding which descriptors apply.

You need to send the letter in within a month of the decision date . You can submit this late up to 13 mths but will need to show a good reason. Remember to include name and Ni number on all pages. I usually have a footnote with page numbers and eg PIP MR Request Brian Brown NI xxxxxx
Save a copy of what you send. You may wish to send the letter recorded delivery.
I hope this helps.
Let us know how you get on.
Good luck.
LL26

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