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PIP QUERY
- Maria
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5 years 7 months ago #238021 by Maria
PIP QUERY was created by Maria
Hi I wonder if you can help. My husband had an assessment which we recorded. He was awarded 0 points in every category despite being depressed, morbidly obese, breathless and unable to walk more than 20 metres. We got a copy of the report and the hp noted all this. However the decision maker has ignored all this and even said in her opinion he can walk more than 200 metres. I think this would kill him if he tried he has to sit down and rest after 40 ft. Can anyone advise what our next step should be please
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- BIS
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5 years 7 months ago #238027 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP QUERY
Hi Maria
I am sorry to hear this. It is unusual for the Decision Maker to over-ride what the assessor has said.
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
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.
I'm not sure in your case whether it is the assessor or just the decision maker or both that you will have to arguing against. 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.
BIS
I am sorry to hear this. It is unusual for the Decision Maker to over-ride what the assessor has said.
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
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.
I'm not sure in your case whether it is the assessor or just the decision maker or both that you will have to arguing against. 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.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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