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Challenging a decision.
- ade261
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9 years 11 months ago - 9 years 11 months ago #135339 by ade261
Challenging a decision. was created by ade261
Hi all, first post.
I received my dreaded "brown envelope" this morning, and although i mhave been granted P.I.P. at the standard rate (8pts) and mobility at standard rate (10 pts) I feel that the major part of my claim has been dismissed out of hand.
I suffer from chronic sarcoidosis, chronic hep C, anxiety and depression. The meds i am on, all 11 of them daily leave me in a heightened state of anxiety, and basically have taken any ability to function as a active member of society away from me. I am also considered at risk of self harm by my GP.
The decision maker agreed and awarded points for all the physical side of the claim, but dismissed any mental health issues, and i quote:
"During the mental state examination you displayed adequate concentration, good memory and rapport with normal speech; you engaged well with the assessor and coped well with the interview, you were able to express yourself well and had good understanding. There is no medical evidence to suggest cognitive impairment or memory issues and although you are on medication for anxiety there is no specialist mental health input. therefor i have decided you can manage these activities unaided."
I find this incredible as several times my answer to questions were answered by my companion and at one point the interview was suspended while the assessor fetched water to help my anxiety.
I had to be taken to interview and accompanied at all times because i tend to stress out, my medication is given to me by my brother, in four day supply dosettes because of an attempted OD during a bout of depression.
They also changed the distance i can walk, with a stick, from 20m to 50m.
Please can anyone advise on the next step for reconsideration.
Thanks
(written in the 1st person by claimants brother)
I received my dreaded "brown envelope" this morning, and although i mhave been granted P.I.P. at the standard rate (8pts) and mobility at standard rate (10 pts) I feel that the major part of my claim has been dismissed out of hand.
I suffer from chronic sarcoidosis, chronic hep C, anxiety and depression. The meds i am on, all 11 of them daily leave me in a heightened state of anxiety, and basically have taken any ability to function as a active member of society away from me. I am also considered at risk of self harm by my GP.
The decision maker agreed and awarded points for all the physical side of the claim, but dismissed any mental health issues, and i quote:
"During the mental state examination you displayed adequate concentration, good memory and rapport with normal speech; you engaged well with the assessor and coped well with the interview, you were able to express yourself well and had good understanding. There is no medical evidence to suggest cognitive impairment or memory issues and although you are on medication for anxiety there is no specialist mental health input. therefor i have decided you can manage these activities unaided."
I find this incredible as several times my answer to questions were answered by my companion and at one point the interview was suspended while the assessor fetched water to help my anxiety.
I had to be taken to interview and accompanied at all times because i tend to stress out, my medication is given to me by my brother, in four day supply dosettes because of an attempted OD during a bout of depression.
They also changed the distance i can walk, with a stick, from 20m to 50m.
Please can anyone advise on the next step for reconsideration.
Thanks
(written in the 1st person by claimants brother)
Last edit: 9 years 11 months ago by .
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- Gordon
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9 years 11 months ago #135345 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Challenging a decision.
Ade
If your award is not what you expected then you need to look at the next steps and whether you want to pursue them or not.
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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
If your MR is unsuccessful then you can go onto appeal.
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.
You need to be aware that challenging the Decision opens your current award to review as well, whilst the risks can be low, we do have members who have had their current award reduced or even removed at the MR.
There are two things you need to consider; how safe is your current award and how likely are you to score the extra points you need for an increased award.
You are a relatively new user so I assume that you did not use our guides to complete the PIP2 form, but even if you did you should refer to them again to make sure that you fully understand the criteria for an award.
Gordon
If your award is not what you expected then you need to look at the next steps and whether you want to pursue them or not.
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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
If your MR is unsuccessful then you can go onto appeal.
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.
You need to be aware that challenging the Decision opens your current award to review as well, whilst the risks can be low, we do have members who have had their current award reduced or even removed at the MR.
There are two things you need to consider; how safe is your current award and how likely are you to score the extra points you need for an increased award.
You are a relatively new user so I assume that you did not use our guides to complete the PIP2 form, but even if you did you should refer to them again to make sure that you fully understand the criteria for an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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