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- Chester64
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5 years 7 months ago #238008 by Chester64
Questions? was created by Chester64
After waiting since early July for a decision, claim submitted in May it arrived this week. we expected to be turned down, it seems to be par for the course, yet some of the things seem so absolutely arbitrary you wonder where they come from, My wife has a little car and they said as its a manual that counts against her, yet a quick look at the motability website says manual cars are available, but if having a manual car counts against you surely all motability cars should be automatic? My wife did not appear breathless. yet she sat in a chair and did not move for 40 mins, her condition is when she moves, not when sat in a chair? musco/skeletal exam is quoted yet the assessor declined and came nowhere near her, despite us offering, It really is an appalling state of affairs. comments would be welcome.
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5 years 7 months ago #238013 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Questions?
Hi Chester64
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 she did not appear to be breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
You need to breakdown what you disagree with and why you disagree, if you have supporting documents then tie your arguement in with the supporting documents.
You may want to look at our Submission re: planning and following journeys and the diary template 'Mobility extract'. It is one of the more common queries I receive for those who are disabled and drive. They are constantly penalised for driving, unfortunately there is no one answer, as each person adapts to their own disabilities and how their disabilities affect them.
Gary
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 she did not appear to be breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
You need to breakdown what you disagree with and why you disagree, if you have supporting documents then tie your arguement in with the supporting documents.
You may want to look at our Submission re: planning and following journeys and the diary template 'Mobility extract'. It is one of the more common queries I receive for those who are disabled and drive. They are constantly penalised for driving, unfortunately there is no one answer, as each person adapts to their own disabilities and how their disabilities affect them.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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