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Points lost in PIP review
- Anita
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3 days 9 minutes ago #314325 by Anita
Points lost in PIP review was created by Anita
Hello,
I have a quick question. I was awarded enhanced mobility and daily living at tribunal about 18 months ago. Im waiting on the decision makers letter. I have the assessors report. She recommended just standard daily. Ive been on proof of benefits and that says im now on standard daily, indefinitely. I will do a MR, and go back to tribunal, if I have to.
In my review form I included the tribunal and subsequent PIP award letter for enhanced for both. The assessor keeps referring to my previous PIP report and not the one that followed the tribunal. As I am going to be doing a MR, do PIP still need to pay me enhanced rate or can they reduce it to standard rate until Im awarded enhanced again.
Sorry its so long winded.
Kind regards Anita
I have a quick question. I was awarded enhanced mobility and daily living at tribunal about 18 months ago. Im waiting on the decision makers letter. I have the assessors report. She recommended just standard daily. Ive been on proof of benefits and that says im now on standard daily, indefinitely. I will do a MR, and go back to tribunal, if I have to.
In my review form I included the tribunal and subsequent PIP award letter for enhanced for both. The assessor keeps referring to my previous PIP report and not the one that followed the tribunal. As I am going to be doing a MR, do PIP still need to pay me enhanced rate or can they reduce it to standard rate until Im awarded enhanced again.
Sorry its so long winded.
Kind regards Anita
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- BIS
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9 hours 12 minutes ago #314354 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Points lost in PIP review
Hi Anita
I'm sorry this has happened to you. I'm afraid the DWP will continue to pay you at the standard rate unless the decision is reversed at the mandatory reconsideration stage or eventually at tribunal. If you get the decision reversed it will be backdated.
BIS
I'm sorry this has happened to you. I'm afraid the DWP will continue to pay you at the standard rate unless the decision is reversed at the mandatory reconsideration stage or eventually at tribunal. If you get the decision reversed it will be backdated.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anita
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8 hours 25 minutes ago #314357 by Anita
Replied by Anita on topic Points lost in PIP review
Hello Bis,
Thank you for your reply.
Can I ask how I would challenge the Assessors use of the PIP report before the Tribunal set that side.
I went from standard daily living (pre tribunal) to enhanced for both daily living and mobility at Tribunal. I did include the tribunal letter in my review so the assessor had the info there and didn't refer to it.
Thank you
Kind regards
Anita
Thank you for your reply.
Can I ask how I would challenge the Assessors use of the PIP report before the Tribunal set that side.
I went from standard daily living (pre tribunal) to enhanced for both daily living and mobility at Tribunal. I did include the tribunal letter in my review so the assessor had the info there and didn't refer to it.
Thank you
Kind regards
Anita
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- Anita
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8 hours 23 minutes ago #314358 by Anita
Replied by Anita on topic Points lost in PIP review
Hello Bis, Thank you for your reply. Can I ask how I would challenge the Assessors use of the PIP report before the Tribunal set that side. I went from standard daily living (pre tribunal) to enhanced for both daily living and mobility at Tribunal. I did include the tribunal letter in my review so the assessor had the info there and didn't refer to it. Thank you Kind regards Anita
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- BIS
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7 hours 21 minutes ago #314369 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Points lost in PIP review
Hi Anita
You've already said what you need to do. You tell them that you think the assessor was using your previous PIP report and not the most up-to-date one, which was the Tribunal judgement. You say that this information seems to have been ignored. Then you reiterate why the tribunal agreed that you met the criteria for enhanced. You give them examples of where the tribunal awarded you more points than the assessor did, and you say that your health has not improved since that judgment, and the assessor has no justification for thinking that it has. You contradict anything the assessor has written that is incorrect from what you said at the assessment. And, if your health has worsened since the tribunal in any area, you say so and say that you made that clear at your review.
There is a guide, the Best Possible Ways to Challenge a PIP Medical Report, which may help.
BIS
You've already said what you need to do. You tell them that you think the assessor was using your previous PIP report and not the most up-to-date one, which was the Tribunal judgement. You say that this information seems to have been ignored. Then you reiterate why the tribunal agreed that you met the criteria for enhanced. You give them examples of where the tribunal awarded you more points than the assessor did, and you say that your health has not improved since that judgment, and the assessor has no justification for thinking that it has. You contradict anything the assessor has written that is incorrect from what you said at the assessment. And, if your health has worsened since the tribunal in any area, you say so and say that you made that clear at your review.
There is a guide, the Best Possible Ways to Challenge a PIP Medical Report, which may help.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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