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pip mandatory reconsideration
- dennygilly
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9 years 10 months ago #136466 by dennygilly
pip mandatory reconsideration was created by dennygilly
I was awarded standard rate pip for mobility and want to challenge this as I am unable to walk more than a few meters without severe pain. I smashed my foot to bits in an accident last year it has been rebuilt with metal. Over the last two months the pain and swelling have got a lot worse and I am having a scan at the end of June with the possibility of another major operation. I the decision letter states that I can plan and follow route of a journey unaided this is not true, I need to walk with stick or zimmer frame and would not be able to go to an unfamiliar place on my own due to stairs , kerbs escalators. Moving around it states I can stand and move using an aid more than twenty meters but no more than 50 if I was to walk fifty meters I it would take me at least 40 minutes the pain would be unbearable and I would probably not be able to walk at all the next day. My foot is twice its normal size and as the day goes on it gets progressively worse. I cannot drive or get to the nearest bus stop on my own, as I live on an un made road full of potholes, it would be dangerous for me to attempt this.
I was only awarded 6 points for the daily living
I got no award for managing therapy although I said that I have to do exercises five times a day which cause me immense pain and my wife has to help.
Any advice that can be given before I call on Monday and ask for MR would be much appreciated.
Am also waiting for appeal form re esa as they stated that I was fit for work, I am a 59 year old roofer and cannot get up stairs let alone ladders!
Hope all this makes sense.
I was only awarded 6 points for the daily living
I got no award for managing therapy although I said that I have to do exercises five times a day which cause me immense pain and my wife has to help.
Any advice that can be given before I call on Monday and ask for MR would be much appreciated.
Am also waiting for appeal form re esa as they stated that I was fit for work, I am a 59 year old roofer and cannot get up stairs let alone ladders!
Hope all this makes sense.
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- Gordon
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9 years 10 months ago #136478 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip mandatory reconsideration
DG
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
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I'm sorry to hear that your initial claim has been unsuccessful.
I would start by having a look at our PIP Claim guide for a better understating of how the PIP Descriptors operate, in particular you should have a look at how "reliably" affects the operation of each Descriptor. See
www.benefitsandwork.co.uk/help-for-claimants/pip
I'm afraid I think it unlikely that you will score points for the Going Out Descriptor based on your post, DWP guidance advises that this Descriptor does not consider the claimants ability to walk in carrying out the activities of planning and following a route.
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
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.
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.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I'm sorry to hear that your initial claim has been unsuccessful.
I would start by having a look at our PIP Claim guide for a better understating of how the PIP Descriptors operate, in particular you should have a look at how "reliably" affects the operation of each Descriptor. See
www.benefitsandwork.co.uk/help-for-claimants/pip
I'm afraid I think it unlikely that you will score points for the Going Out Descriptor based on your post, DWP guidance advises that this Descriptor does not consider the claimants ability to walk in carrying out the activities of planning and following a route.
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
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.
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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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