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PIP mandatory reconsderation
- firedreamer
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7 years 2 months ago #179861 by firedreamer
PIP mandatory reconsderation was created by firedreamer
Dear forum
I am looking for some help with PIP mandatory reconsideration questions.
I scored 9 points on daily living and 4 points on mobility. In contrast for DLA I was on standard daily living and enhanced mobility.
I am wondering whether to go for the reconsideration. I have spoken to a case manager but not received the report yet.
My first question is on renew timing. My renew period was set for 3 years which I was not happy with as I don't want to go through this process again in two years. I have a progressive, incurable condition so I thought the renew period should be for longer but when I put this to the case manager he said as my condition was at risk of progressing they need to set a shorter time. Is this correct? Do I have a chance of getting the timing renewal period lengthened at all?
My other question was regarding the amount of risk of losing points which the case manager emphasised in our chat should I go for reconsideration. However I see from answers to other posts that this is not common.
I have a chance of increasing my mobility points and a chance of increasing my daily living my a couple of points I think.
I sent in a consultants letter with my application but am not sure that this was read when my decision was made.
So in short is it generally worthwhile going for reconsideration?
I have read your guides and will use them again when writing my letter.
Thanks for all your help!
I am looking for some help with PIP mandatory reconsideration questions.
I scored 9 points on daily living and 4 points on mobility. In contrast for DLA I was on standard daily living and enhanced mobility.
I am wondering whether to go for the reconsideration. I have spoken to a case manager but not received the report yet.
My first question is on renew timing. My renew period was set for 3 years which I was not happy with as I don't want to go through this process again in two years. I have a progressive, incurable condition so I thought the renew period should be for longer but when I put this to the case manager he said as my condition was at risk of progressing they need to set a shorter time. Is this correct? Do I have a chance of getting the timing renewal period lengthened at all?
My other question was regarding the amount of risk of losing points which the case manager emphasised in our chat should I go for reconsideration. However I see from answers to other posts that this is not common.
I have a chance of increasing my mobility points and a chance of increasing my daily living my a couple of points I think.
I sent in a consultants letter with my application but am not sure that this was read when my decision was made.
So in short is it generally worthwhile going for reconsideration?
I have read your guides and will use them again when writing my letter.
Thanks for all your help!
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- Gordon
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7 years 2 months ago #179897 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mandatory reconsderation
firedreamer
Very few MRs result in the Decision being revised so are you prepared to go on to appeal if necessary?
Although the award length is part of the Decision and therefore open to challenge we have not seen a single member successfully do this so I would put it low on your checklist on whether to request an MR or not.
I can't quantify the risk of losing points, we don't see it often but it does happen, another member reported it happening over the weekend, that's first time for a number of weeks.
The decision to go ahead can only be made by you, do you fully understand the criteria you will need to meet in order to score the extra points?
Gordon
Very few MRs result in the Decision being revised so are you prepared to go on to appeal if necessary?
Although the award length is part of the Decision and therefore open to challenge we have not seen a single member successfully do this so I would put it low on your checklist on whether to request an MR or not.
I can't quantify the risk of losing points, we don't see it often but it does happen, another member reported it happening over the weekend, that's first time for a number of weeks.
The decision to go ahead can only be made by you, do you fully understand the criteria you will need to meet in order to score the extra points?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: firedreamer
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- slugsta
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7 years 2 months ago #179968 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic PIP mandatory reconsderation
Hi fd,
In addition to Gordon's excellent advice I would like to point out that adding an extra 2 points to your daily living score would still only bring you up to 11, whereas a minimum of 12 are needed for the enhanced award.
In addition to Gordon's excellent advice I would like to point out that adding an extra 2 points to your daily living score would still only bring you up to 11, whereas a minimum of 12 are needed for the enhanced award.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ns
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7 years 2 months ago #180021 by ns
Replied by ns on topic PIP mandatory reconsderation
Recieved standard daily living allowance and nothing for mobility - however my condition is severe with back pain requiring me to wear a corset, severe shoulder pain with previous operations and severe foot pain (x-ray showing bone disformation) along with restricted movements throughout the body and limbs leading to depression.
In the letter I received regarding my decision, they admit I have a problem with mobility as I struggled to walk without resting and using the wall as support at the assesment. Was with a helper - but on the letter they dont seem to acknowledge this.
Recieved 8 points for daily living and 4 points for mobility.
Unhappy with decision of not getting anything for mobility as I was on higher rate with disability living allowance. Unsure whether to go for mandatory reconsideration. Was looking for some adivce regarding this.
Thank You
In the letter I received regarding my decision, they admit I have a problem with mobility as I struggled to walk without resting and using the wall as support at the assesment. Was with a helper - but on the letter they dont seem to acknowledge this.
Recieved 8 points for daily living and 4 points for mobility.
Unhappy with decision of not getting anything for mobility as I was on higher rate with disability living allowance. Unsure whether to go for mandatory reconsideration. Was looking for some adivce regarding this.
Thank You
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- Gordon
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7 years 2 months ago #180024 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mandatory reconsderation
ns
Were the 4 points scored for the Moving Around activity? if they were then you were assessed as being able to walk more than 50m but less than 200m, for an award you need to show that you cannot "reliably" stand and move (walk) more than 50m "on the majority of day".
Can you do this?
If you believe that you can then 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, the PIP area also has 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
Were the 4 points scored for the Moving Around activity? if they were then you were assessed as being able to walk more than 50m but less than 200m, for an award you need to show that you cannot "reliably" stand and move (walk) more than 50m "on the majority of day".
Can you do this?
If you believe that you can then 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, the PIP area also has 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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- firedreamer
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7 years 2 months ago #180269 by firedreamer
Replied by firedreamer on topic PIP mandatory reconsderation
Thank you Gordon and Mrs Hurtyback for your replies.
That has helped clarify my thinking a lot as I am not prepared to go to full appeal at the moment so there doesn't appear to be much point in using up my current, limited energies to go for a MR especially if the time renew period is unlikely to change.
In terms of strategy perhaps I will wait for the renewal in two years, have the consultant amend their letter and push for the extra points on the mobility then. The case manager said there was an expectation on their part that my condition will worsen and having gone through the process once I will be more prepared next time.
Thanks again for your help.
That has helped clarify my thinking a lot as I am not prepared to go to full appeal at the moment so there doesn't appear to be much point in using up my current, limited energies to go for a MR especially if the time renew period is unlikely to change.
In terms of strategy perhaps I will wait for the renewal in two years, have the consultant amend their letter and push for the extra points on the mobility then. The case manager said there was an expectation on their part that my condition will worsen and having gone through the process once I will be more prepared next time.
Thanks again for your help.
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