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5 years 7 months ago #237397 by Richie L.
I’ve just opened my letter from DWP and got zero points too. I’m terrified I have little money and now nearly none. What should I do. I need advice. It’s unlikely I can put my case with the allocated month asjust starting today gruelling 6 week course of chemo and radiotherapy for a very recently discovered cancer. I’m knackered I’m I’ll and i don’t know which way to turn.

How do I overturn it. I was On higher mobility and lower care dla. Now nothing. It’s as though they never read my claim form. It’s so wrong. Can I defer the month limit somehow so I can contest it when stronger. What do I need to do to defer the period and also what to do to get correct points.

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5 years 7 months ago #237407 by Gordon
Richie

I've moved your post as you replied to a post from over two years ago.

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
The following user(s) said Thank You: cjhevans1

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5 years 7 months ago #237509 by Richie L.
If I request a mandatory review wont they do it before I have time to write with my comments?

Will my payments cease still during this?

Thanks for you comment and help.

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5 years 7 months ago #237529 by Gordon
Richie

You can either wait until you are able to make your comments, if you exceed the normal one month allowed then you will need to make a Late request with an explanation of the delay.

Or, you can make the request now and ask for time to provide additional information, the DWP should give you four weeks to do this but be aware that this includes postage time so in practice it is only three weeks.

There is a four week run-on of your DLA from the date of the Decision but as you did not receive a PIP award there will be no other payments during the MR and if necessary an appeal.

Gordon

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

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5 years 7 months ago #237721 by Richie L.
Understood. Is it possible to defer to month given to send them info etc. I’ve just begun a gruelling 6. Week course of chemo and radiotherapy(Tomotherapy) for a recently diagnosed cancer. I’m very tired already and only 5 days in.

Is it allowed? I’d like to ask for an 8 week suspension before the month starts ... I need it desperately as I’m going around in circles in panic every waking hour.

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5 years 7 months ago - 5 years 7 months ago #237726 by Gary
Hi Richie.L

Have you asked a Macmillan Nurse for help at the hospital you attend? you can phone their help line 0808 808 0000.

Do you know what your prognosis is? for those with a poor prognosis they can complete a DS1500 with the help of their doctor or a Macmillian Nurse. A DS1500 form is a fast track for the daily living component of PIP, you would still have to complete PIP form for the mobility component.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 7 months ago by Gary.

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