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Review mandatory decesion.

tracey13tracey13 Posts: 6Member Listener
Hi everyone, I've just spoken with pips as my support worker had told me to ring them and ask for a mandatory decesion review as they have taken away my pips, quick question should I also send a covering letter as it has been opened on the phone with pips but should I do this. Thanks

Replies

  • Chloe_ScopeChloe_Scope Posts: 2,549Administrator Scope community team
    Hi @tracey13! Sorry to hear you are having to appeal your benefit decision. I would recommend sending in a letter as well, just to be sure! This means there will be evidence of what you are requesting. Information regarding the appeal process can be found here, but please do not hesitate to be in touch if you need anymore information :) 
    Chloe
    Online Community Officer
  • poppy123456poppy123456 Posts: 11,044Community champion Disability Gamechanger
    Hi,

    Yes you should put your request in writing stating what you disagree with, where you think you should have scored those points and your reasons why. Adding 2-3 real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    Only 18% of MR decisions change so expect to have to take it to Trubunal because most do. Good luck.
  • davetdavet Posts: 45Member Courageous
    hi
    I have found that it is always prudent to put anything in writing to these people and send it by recorded delivery so if there is ever any doubt you can advise t when it was delivered to them, usually the time and date and often who signed for it
  • tracey13tracey13 Posts: 6Member Listener
    Thank you everyone for your replies, just one more thing please, is it worth adding in the letter how hostile the asser was etc and tried to trick me on the same questions all the time, thanks
  • cristobalcristobal Posts: 436Member Pioneering
    @tracey13 - if my assessment is anything to go by some assessors tend to ask questions 'laterally', and then draw conclusions from that. 

    e.g. if you say that you can't put your shoes and socks on they might ask about putting washing in a washing machine, feeding a dog/cat (if you've got one) to check that you are consistent in saying that you have difficulty bending...

    You might consider them 'trick' questions but the one's that I had weren't hard to spot, and if you answer honestly you'll be fine....
  • poppy123456poppy123456 Posts: 11,044Community champion Disability Gamechanger
    tracey13 said:
     is it worth adding in the letter how hostile the asser was etc and tried to trick me on the same questions all the time, thanks
    No because they won't be interested in any of that. All they will want to know is how your conditions affect you against the PIP descriptors.
  • madquasimodomadquasimodo Posts: 125Member Courageous
    As poppy123456 said don't bother listing any "errors" the DWP/Tribunals have no interest at all in anything an assessor has done, they can lie, twist your words or trick you, no matter how bad they will do nothing and have no interest in it.

    I did at Tribunal bring up said "errors" and was nearly thrown out of court, (not joking) the Judge was not interested at all, the clerk I spoke to told me to wait for the decision and then appeal on a point of law, I did and was told, the court/Tribunal had no obligation to check or ask for evidence to show an error of judgement had been made, it was up to me to provide the evidence.
    Sadly at that time I had neither the energy or funds to get a solicitor to help, CAB and Welfare rights were next to useless.
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