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partners written evidence ignored for PIP decision
- buzzer
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6 years 1 month ago #228151 by buzzer
partners written evidence ignored for PIP decision was created by buzzer
Hi all
I m curious to know how much would weight evidence from a partner that cares for you would have with DMs? I have my PIP decision (only awarded LR Mob) but at the start of her form she writes what evidence she used to make the decision and my partner's letter(detailed) was not there. I know the letter was accepted because when I requested copies of all evidence used, her letter was part of the documents.
I suffer from
complex crohns,
polycythemia very(rare blood disorder causing intense fatigue),
iron deficiency,
chronic fatigue,
chronic migraines,
chronic leg pains
and depression
----but all they award me is 6 points for DL and 8 points MB.
I m curious to know how much would weight evidence from a partner that cares for you would have with DMs? I have my PIP decision (only awarded LR Mob) but at the start of her form she writes what evidence she used to make the decision and my partner's letter(detailed) was not there. I know the letter was accepted because when I requested copies of all evidence used, her letter was part of the documents.
I suffer from
complex crohns,
polycythemia very(rare blood disorder causing intense fatigue),
iron deficiency,
chronic fatigue,
chronic migraines,
chronic leg pains
and depression
----but all they award me is 6 points for DL and 8 points MB.
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- Gordon
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6 years 1 month ago #228173 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic partners written evidence ignored for PIP decision
buzzer
All evidence should be considered, how much weight the letter was given will largely depend on the content and how well it explains your problems with completing the PIP activities. It should have been listed on the Decision Notice even if it was given no weight.
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, 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 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.
Gordon
All evidence should be considered, how much weight the letter was given will largely depend on the content and how well it explains your problems with completing the PIP activities. It should have been listed on the Decision Notice even if it was given no weight.
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, 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 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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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