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PIP mobility letter from DMP
- bikerdave5
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6 years 3 months ago #225486 by bikerdave5
PIP mobility letter from DMP was created by bikerdave5
I was transferred from DLA to PIP in 2016. In the process I lost my low rate mobility component but I was so relieved at maintaining my enhanced rate care component and indeed traumatised by the whole process that I did not challenge its loss.
Last week received latter from DWP saying because of recent court cases they had looked at my claim again but kept it as it is without mobility component. Because of a long standing diagnosed psychosis I do have psychological distress and having someone with me when outside significantly enables me.
My question is what would the issues and risks be should I ask for a mandatory reconsideration and would that automatically end up at a tribunal. I doubt I could handle a tribunal. any thoughts would be welcome
Last week received latter from DWP saying because of recent court cases they had looked at my claim again but kept it as it is without mobility component. Because of a long standing diagnosed psychosis I do have psychological distress and having someone with me when outside significantly enables me.
My question is what would the issues and risks be should I ask for a mandatory reconsideration and would that automatically end up at a tribunal. I doubt I could handle a tribunal. any thoughts would be welcome
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- Gordon
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6 years 3 months ago #225538 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mobility letter from DMP
daverags
There shouldn't be any risk as the DWP have said that they are only looking at the Mobility component but understand the Decision that you are appealing.
So this only concerns the Going Out activity and only Descriptors (c), (d) and (f). Descriptors (b) and (e) were not affected by any of the changes.
Descriptors (d) and (f) are about your following a route so you will need to show that you suffer "overwhelming psychological distress" and this prevents you from following the route.
Gordon
There shouldn't be any risk as the DWP have said that they are only looking at the Mobility component but understand the Decision that you are appealing.
So this only concerns the Going Out activity and only Descriptors (c), (d) and (f). Descriptors (b) and (e) were not affected by any of the changes.
Descriptors (d) and (f) are about your following a route so you will need to show that you suffer "overwhelming psychological distress" and this prevents you from following the route.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bikerdave5
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6 years 1 month ago #227330 by bikerdave5
Replied by bikerdave5 on topic PIP mobility letter from DMP
I sent of my request for MR along with additional information.
Have received letter back today..... 'when we look at your award again we'll look at the whole of your entitlement, including both parts and length of the award...........' 'This could result in your award staying the same, increasing or decreasing'.
I cannot risk the whole award being assessed again as I have it till 2022. And I cannot bear the stress.
Are they trying it on as I thought this would not be the case. How do I challenge this?
Have received letter back today..... 'when we look at your award again we'll look at the whole of your entitlement, including both parts and length of the award...........' 'This could result in your award staying the same, increasing or decreasing'.
I cannot risk the whole award being assessed again as I have it till 2022. And I cannot bear the stress.
Are they trying it on as I thought this would not be the case. How do I challenge this?
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- Gordon
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6 years 1 month ago #227352 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mobility letter from DMP
daverags
Requesting an MR allows the DWP to look at your whole claim again but their recent Decision only looked at your Mobility and only specific aspects of it plus you and the DWP are outside of the maximum period allowed for them to look at the 2016 Decision as a whole but I can't offer any guarantees, you will have to decide whether to continue with the MR or not.
Gordon
Requesting an MR allows the DWP to look at your whole claim again but their recent Decision only looked at your Mobility and only specific aspects of it plus you and the DWP are outside of the maximum period allowed for them to look at the 2016 Decision as a whole but I can't offer any guarantees, you will have to decide whether to continue with the MR or not.
Gordon
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- bikerdave5
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6 years 1 month ago #227358 by bikerdave5
Replied by bikerdave5 on topic PIP mobility letter from DMP
I will write to them to tell them not to proceed with the MR
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