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MR appeal layout
- Adwozere
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4 years 9 months ago #249458 by Adwozere
MR appeal layout was created by Adwozere
Hi
I decided to go for a MR on my Pip award as I got 10 and 6 points so 2 points away from next levels on 2 fronts and there was quite a few points I feel strongly were not right.
A few questions-
Do I say I've recorded the telephone assessment?
And
How should I layout the letter?
I decided to go for a MR on my Pip award as I got 10 and 6 points so 2 points away from next levels on 2 fronts and there was quite a few points I feel strongly were not right.
A few questions-
Do I say I've recorded the telephone assessment?
And
How should I layout the letter?
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- Gary
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4 years 9 months ago #249468 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic MR appeal layout
Hi Adam
At this stage I would not mention anything about the recording.
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;
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Gary
At this stage I would not mention anything about the recording.
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;
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Adwozere
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4 years 9 months ago #249536 by Adwozere
Replied by Adwozere on topic MR appeal layout
Thank you Gary. Just one more question is it worth just a family member to write a letter to help my case? I did ask my doctor but he said ask them to write to me if they want information! What's not very helpful and I can't see my consultant wanting to take time to write something either as they are so busy.
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- Gary
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4 years 9 months ago #249538 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic MR appeal layout
Hi Adam
I always try and get family members or family friends to write a supporting letter, especially if you do not have any recent medical supporting documents.
Ideally the letter will describe what support they give you and why? Remember you won't score points if you do not meet the PIP Descriptors.
Follow our guides, they are very well written and frequently up dated to take into account recent changes.
Gary
I always try and get family members or family friends to write a supporting letter, especially if you do not have any recent medical supporting documents.
Ideally the letter will describe what support they give you and why? Remember you won't score points if you do not meet the PIP Descriptors.
Follow our guides, they are very well written and frequently up dated to take into account recent changes.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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4 years 9 months ago #249546 by denby
Replied by denby on topic MR appeal layout
Hi Adam, obviously doctors attitudes vary. And I do know many claimants are very cash-strapped especially if applying for/appealing PIP that has stopped. However just as I would never let the B&W sub lapse, I thinks it's a case of speculate to accumulate. So whenever I feel a letter would help our daughter's case, I contact the GPs first by phone and do my best sweet talking including pointing out that I will happily pay whatever is asked. Then they tell me to email and I do so, again in the nicest tone mentioning willing to pay by whatever means they prefer. Then they invoice me and I pay pdq and the letter follows some time later. Last time it was £35 + VAT, total £42.
Yes not cheap but means IAS/DWP cannot say there is no up to date medical evidence. I am sure our daughter is among many claimants who have this problem claiming: they've been seen by many clinics who may or may not have added a diagnosis, but have signed the patient off because they haven't got any new treatments to offer. So DWP like to pretend being signed off by that clinic means you no longer have that condition and are cured and so your DL&/or mob are no longer affected. [No matter what you say] And the clinic letters you had become increasingly out of date. That's why I pay for a new GP letter whenever needed.
Denby
Yes not cheap but means IAS/DWP cannot say there is no up to date medical evidence. I am sure our daughter is among many claimants who have this problem claiming: they've been seen by many clinics who may or may not have added a diagnosis, but have signed the patient off because they haven't got any new treatments to offer. So DWP like to pretend being signed off by that clinic means you no longer have that condition and are cured and so your DL&/or mob are no longer affected. [No matter what you say] And the clinic letters you had become increasingly out of date. That's why I pay for a new GP letter whenever needed.
Denby
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