PIP, DLA and AA
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pip

sha1sha1 Member Posts: 4 Listener
I have several conditions that have progressed over the years , I have been reassessed for pip and been on the full amount. They have reduced the amount, so we have to return the car, I am devastated as this means I will not be able to go out, as the bus is too far for me to walk . I have copd bronctiulitus scleraderma. arthritis diabetes.  We have rang and said that we disagree with the decision,  as far as I understand we now have to get doctors/ consultant letters.  if it goes further! then do we need a solicitor, or what advice can we get..  She was only a Nurse I have been assessed by doctors before and they have always passed me.  We just need some advice on how to proceed. I thankyou for your time.
Sharron 

Replies

  • catchacold2catchacold2 Member Posts: 19 Connected
    edited January 2017
    Hi the first thing is to ask for a copy of the assessment report. Always best to ring and also write when asking for a MR (Mandatory Reconsideration) Also mention that you are waiting on a copy of the report and ask that they do not make a decision until you have read the report as further evidence may be forth coming. (do this first by phone asap then immediately by letter) Failure to do this could result in a decision being made before you have been able to fully represented yourself. Letters of support from the likes of a GP/CONSULTANT will help.
  • sha1sha1 Member Posts: 4 Listener
    Hi I received the report with the decision, we telephoned and they said would get back to us within 5 working days, no procedure was explained other than the five days I have provided information with the form i sent in .  I am now going to the doctors on tuesday to ask for them to give me a letter, to send in again.  I can get the consultants letters  but they will take a lot longer to get.  IF this stage is a  failure then what is the next stage ...do we  then need professional help,   As the car has to be returned  in February, it means I cannot get  to the doctors or the hospital, we live in a rural situation and the bus's are too far for me to walk to.
    A taxi to Addenbrooks is going to cost an absolute fortune. And I have to take a change of clothes with me as I wet myself .    I thank you for your advice. 

    Sharron 
  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    Hello Sha1

    If you feel that a review is inaccurate the next step is to formally request what government departments call a Mandatory Reconsideration just as catchacold2 said. Unfortunately, this is a necessary but futile step as the statistics prove.

    You do not ever need to prove you have the conditions you informed them of. A letter from your GP stating how you are affected in your day to day living would be enough. Saying that, I did not need even that.

    You do not need a solicitor or their costs. Call Scope's helpline or the CAB.

    I'm sorry but your hardships mentioned above count for nothing with them. PIP criteria are very specific and are designed to exclude people. That is why PIP replaced DLA.

    If your conditions do not affect you less now than before then their reduction from Enhanced to Standard is practically indefensible. You have a very strong case if/when the Reconsideration goes against you. The next step is to take it to an independent Tribunal.

    Again call Scope's helpline or the CAB at that stage as experience or knowledge of forming a legal argument is vital.

    Good luck
  • sha1sha1 Member Posts: 4 Listener
    Thankyou for your advice, I am worse now than i have ever been .. But through the stress it will cause I believe in going through with this. I will do this call Scope's Helpline.



    Sharron 
  • catchacold2catchacold2 Member Posts: 19 Connected
    edited January 2017
    sha1 said:
    Hi I received the report with the decision, we telephoned and they said would get back to us within 5 working days, no procedure was explained other than the five days I have provided information with the form i sent in .  I am now going to the doctors on tuesday to ask for them to give me a letter, to send in again.  I can get the consultants letters  but they will take a lot longer to get.  IF this stage is a  failure then what is the next stage ...do we  then need professional help,   As the car has to be returned  in February, it means I cannot get  to the doctors or the hospital, we live in a rural situation and the bus's are too far for me to walk to.
    A taxi to Addenbrooks is going to cost an absolute fortune. And I have to take a change of clothes with me as I wet myself .    I thank you for your advice. 

    Please don't confuse the decision letter with a copy of the actual assessment  report. You have to ask for a copy of the report and then you may be able to highlight points that you disagree with
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering


    The first thing to do is to insist on a mandatory reconsideration. That is an absolutely necessary step. Insist on getting the mandatory reconsideration notice sent to you.  If you can, list the points you think you should have got in each activity which is relevant to you. As catchacold2 says, ask for a copy of the assessor's report and go through it to show what you disagree with. Often the conclusions don't make any sense and you can show quite easily that the report is wrong, or you can contrast it to the evidence from your doctors.

    You don't need a solicitor, but if the mandatory reconsideration notice (MR notice) doesn't change the decision then it is a good idea to get help from an advice agency, like Citizens Advice, about appealing. You need to appeal within one month of the MR notice.

    About your car, the government were looking at plans to allow people to keep their cars until the outcome of an appeal, but they haven't done this yet. I know this doesn't help you but it does make me wonder if it's worth contacting your MP about all this, so that there is pressure to hurry these plans along.

    You could also consider complaining about the assessment, if you feel the report is really misleading about your ability to do things. Both ATOS and Capita have customer services/complaints email addresses.

    It is a fiddly and stressful process but so many PIP decisions get changed, it is worth continuing. Do post back if you need more advice.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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