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MR decision, do I take it or Appeal
- pennygates
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7 years 1 month ago #184935 by pennygates
MR decision, do I take it or Appeal was created by pennygates
I received my decision, and now I don't know what to do. When I applied for PIP from DLA I had enhanced for both, With PIP I received standard for daily living, and nothing for mobility. I received no points for my mental health issues, despite having two letters from my consultants stating my problems with everyday life. I decided to apply for an MR. My decision has arrived today. Nothing has been changed with the daily living, still at standard. They have said that my mental illness is being well managed and have given me nothing for any of the descriptors relating to mental health issues. What has surprised me is that they have awarded me ten points for Moving Around. That is the only change. It gives me an extra £21 a week, making my monthly amount £263 a month, £153 a month less than before. I still feel that they have minimised my issues , completely overlooked a problem which causes huge stress and anxiety, Restless Legs Syndrome, minimised my arthritis, assuming that my pain is well managed and therefore not affecting my daily life, and the effect that Bipolar has upon my life and daily activities. I don't know what else I can do to show them how these combined illnesses impact on my life. I have run out of energy, my ME getting worse. How do I know if I am a good candidate for Appeal. Shall I just accept what I have and be grateful, although financially this is traumatic for me. Will I lose what I have with an appeal, will anyone be able to tell me, don't go further. But it means that I accept their decision which I don't, just afraid to lose more. If I accept it, in three years will they say this is what you agreed so I get less and less. I am very afraid that my life will get worse as I get older, more pain from Arthritis, lack of mixing with people as I can't go out my mental health goes down, but cannot manage to go out. This has made me lose faith that no-one believes you and you are trying to take something you don't deserve. But I am grateful for what I have nonetheless, some poor people got nothing. Sorry I am exhausted and upset and not very easy to undersrand
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- Gordon
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7 years 4 weeks ago #184971 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MR decision, do I take it or Appeal
Annie
Without drawing any conclusions about an appeal, it's important to understand that PIP was engineered to be a more difficult benefit to award than DLA, the intention of the benefit is o reduce the disability bill by at least 20%.
Also, PIP operates in a fundamentally different way from DLA, the latter considered the amount of care a claimant needs whereas PIP looks at the severity of their problems. A DLA HRC award does not translate in anyway in to a PIP award.
So any decision you make to go to appeal must be based on your ability to meet the PIP criteria and not on the award that you had under DLA. I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see whether you can realistically score the extra points you need for an Enhanced award of Daily Living or Mobility.
If you do think you can score the points then consider an appeal. The panel will start from scratch when they look at your case and they must warn you at the beginning of a hearing if they believe that your existing award is at risk so you can withdraw your appeal.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Without drawing any conclusions about an appeal, it's important to understand that PIP was engineered to be a more difficult benefit to award than DLA, the intention of the benefit is o reduce the disability bill by at least 20%.
Also, PIP operates in a fundamentally different way from DLA, the latter considered the amount of care a claimant needs whereas PIP looks at the severity of their problems. A DLA HRC award does not translate in anyway in to a PIP award.
So any decision you make to go to appeal must be based on your ability to meet the PIP criteria and not on the award that you had under DLA. I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see whether you can realistically score the extra points you need for an Enhanced award of Daily Living or Mobility.
If you do think you can score the points then consider an appeal. The panel will start from scratch when they look at your case and they must warn you at the beginning of a hearing if they believe that your existing award is at risk so you can withdraw your appeal.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post 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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- pennygates
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7 years 4 weeks ago #185101 by pennygates
Replied by pennygates on topic MR decision, do I take it or Appeal
Yes I realise my mind set has to change, no more DLA. I don't honestly know if I fulfil the criteria for the descriptors. Thank you for your detailed reply. The 20% reduction is reflected in my offer. My gut reaction is to accept what I have.
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