- Posts: 180
PIP rules
- bro58
I have merged tonight's post with your previous queries for continuity.
It makes it much easier for the Mods if all your related queries on on the one topic thread.
You could Bookmark/Favourite this page in your browser, so that you can find it easily for any future related queries.
bro58
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- bro58
Amber wrote: Hi all,
I am in the process of asking them to look again re my mobility. However, I have tried to contact a Welfare rights adviser but there is no one available to help me for at least 4-5 weeks. I need to write within a month. CAB closed down in my are a while ago and despite calling another CAB in another city and leaving a voice mail they have not contacted me.
In desperation I rang three solicitors! I was told by each that due to the government stopping legal aid, they had no solicitor to help re Welfare advice as people on benefits can not afford the fees for advice. I then contacted a Law centre,which is 45 miles away as there is not one in my nearest city and was told they could not help or advise me as I was not in their area!
I have followed all the guides here on PIP for my application and just cant understand why they chose to ignore the facts that I am not able to follow a journey unaided.I clearly stated why it was not possible and I also stated I could not do this reliably safely or repeatedly. I had all the consultants reports and my GP letter proving this.
Any help appreciated as I have no where to go for help.
Thanks
Hi A,
Yes, it can be very difficult to obtain professional representation since Legal Aid ceased for Welfare Rights issues.
Have you tried putting Welfare Rights/Advice into Google for your Town/Postcode ?
Have you tried all the sources from the FAQ below ? :
Where to get advice
If you have a definite appointment to see Welfare Rights Adviser in "4-5 weeks" you could request the MR yourself within the one month deadline to protect your MR rights, and to prevent any potential problems that you may have in making a late MR request :
Sending Documents to the DWP or ATOS
You could include a letter in with The MR explaining that you are awaiting a consultation with a Welfare Rights Adviser, but wish to formally register your request for an MR in the mean time.
Just because you feel that you have provided adequate information, but the DWP have not come to the correct decision, does not mean that your application is necessarily at fault.
You could reiterate information that you have already provided, and try and go into greater details of what you can't do, and why you can't do it.
I am aware of claimant's who have received an adverse decision, then received a positive decision at the reconsideration stage simply by reiterating evidence that they have already provided.
It will be a different DM who carries out the MR.
Once you have started the ball rolling you could then hand over to your Rep, if you manage to get one.
We do have many members who have been successful at Reconsideration or Appeal, without the aid of a Rep, although having the help of a qualified Adviser should increase your chances of success.
I don't know whether you have already read the following, so here it is just in case :
Mandatory Reconsiderations Explained
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
See also our PIP MR/Appeals Guide on this page :
www.benefitsandwork.co.uk/help-for-claimants/pip#appeals
bro58
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- Fleur33
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If so I just need to explain again re my mobility?
Thanks
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- bro58
Amber wrote: Thank you so much bro58. I kept copies of my PIP forms and just wondered do I need to send everything to them again when I ask for a MR or will they still have all my application?
If so I just need to explain again re my mobility?
Thanks
Hi A,
You should highlight and send copies of any extracts of the forms, and any supporting medical evidence, then cross reference and tie these in to any of The PIP descriptors that you feel that you should have gained points for.
Don't forget, even though it is important to provide medical evidence to substantiate your existing medical conditions, The PIP 2 Form is entitled "How your disability affects you", so you should concentrate on showing how limitations caused by your disability qualify you for the relevant descriptors.
The clearer the picture that you can draw for the DM, the more chance that you have of success.
It may help to review our : PIP Claims Guide. (2nd Link on page) also, to see whether you can improve on your initial description of your limitations.
bro58
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