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PIP award reduction despite no improvement to conditions - DWP reasoning reqd?
- John
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1 month 1 week ago #295179 by John
PIP award reduction despite no improvement to conditions - DWP reasoning reqd? was created by John
Hi there,
Per title, I'm hoping an expert can advise me on whether there is any obligation on the DWP, where a PIP award has been reduced despite no reported improvement to existings conditions - to give the reasoning behind their decision? Is the opinion of the assessor at the most recent assessment considered to be sufficient as reasoning, even though they did not address the discrepancy?
Is there any legislation or case law that addresses this (or even previous posts), that anyone could point me to? I'm anticipating this being the outcome, having received my partner's PA4, so just want to try and get ahead of it. I've already written to challenge errors in the report and am now awaiting the initial decision.
Incidentally, if there is no obligation on the DWP to explain what has changed in their view, it feels like another big gap in fairness for PIP applicants, but then, what's new?!
Many thanks
Per title, I'm hoping an expert can advise me on whether there is any obligation on the DWP, where a PIP award has been reduced despite no reported improvement to existings conditions - to give the reasoning behind their decision? Is the opinion of the assessor at the most recent assessment considered to be sufficient as reasoning, even though they did not address the discrepancy?
Is there any legislation or case law that addresses this (or even previous posts), that anyone could point me to? I'm anticipating this being the outcome, having received my partner's PA4, so just want to try and get ahead of it. I've already written to challenge errors in the report and am now awaiting the initial decision.
Incidentally, if there is no obligation on the DWP to explain what has changed in their view, it feels like another big gap in fairness for PIP applicants, but then, what's new?!
Many thanks
The following user(s) said Thank You: denby
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- BIS
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1 month 1 week ago #295318 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP award reduction despite no improvement to conditions - DWP reasoning reqd?
Hi John
The assessor who carried out the assessment gave their opinion of your partner's abilities as per the PIP criteria at that time the assessment took place. They don't comment on what a previous assessor might have said.
You can write to the decision maker before the decision is made and query what has been said on the PA4. However, there is only a very small window of time to do this. (It sounds like you have done this)
When you receive the decision letter - it should be clear why your partner's claim has been downgraded.
You can read further information about putting in for a Mandatory Reconsideration in the Guide to PIP Appeals - including some of the shoddy practices to look out for by the DWP. During this process, you should be able to speak to someone about the discrepancies - but it doesn't always happen.
benefitsandwork.co.uk/guides-for-claimants/pip (Scroll down the page)
BIS
The assessor who carried out the assessment gave their opinion of your partner's abilities as per the PIP criteria at that time the assessment took place. They don't comment on what a previous assessor might have said.
You can write to the decision maker before the decision is made and query what has been said on the PA4. However, there is only a very small window of time to do this. (It sounds like you have done this)
When you receive the decision letter - it should be clear why your partner's claim has been downgraded.
You can read further information about putting in for a Mandatory Reconsideration in the Guide to PIP Appeals - including some of the shoddy practices to look out for by the DWP. During this process, you should be able to speak to someone about the discrepancies - but it doesn't always happen.
benefitsandwork.co.uk/guides-for-claimants/pip (Scroll down the page)
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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