- Posts: 5
× Members
DLA to PIP Advice Please
- 501
- Topic Author
- Offline
Less More
6 years 5 months ago #202027 by 501
DLA to PIP Advice Please was created by 501
Hi Guys,
My dad had a lifetime award for DLA, but had to move over to PIP. He has had the assessment and the letter turned up today, and they have awarded him with a lower mobility component, when he was on the higher award.
He wants to ask for the mandatory reconsideration, but we don't have a copy of the assessment report, and the letter has only turned up today but is dated 5 days ago! so we now only have 3 weeks left, and delays with Christmas post.
Just after some advice with the best way forward, do we ask for the assessment report and hope we can get it back in time, or press ahead with what they sent him.
He sent in loads of medical reports but it looks like these have not been looked at, and he is getting very stressed.
TIA.
My dad had a lifetime award for DLA, but had to move over to PIP. He has had the assessment and the letter turned up today, and they have awarded him with a lower mobility component, when he was on the higher award.
He wants to ask for the mandatory reconsideration, but we don't have a copy of the assessment report, and the letter has only turned up today but is dated 5 days ago! so we now only have 3 weeks left, and delays with Christmas post.
Just after some advice with the best way forward, do we ask for the assessment report and hope we can get it back in time, or press ahead with what they sent him.
He sent in loads of medical reports but it looks like these have not been looked at, and he is getting very stressed.
TIA.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
6 years 4 months ago #202059 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP Advice Please
501
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, I would wait to see if the report is available but don't miss the deadline to request the MR by doing so.
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 he meets 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 he walked 50m, he 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 his claim, come back to the forum and we will do our best to help.
Gordon
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, I would wait to see if the report is available but don't miss the deadline to request the MR by doing so.
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 he meets 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 he walked 50m, he 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 his 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, jimmck, Chris