DLA to PIP Award Reduced

Hi all,

I hope I have placed this in the correct area. Really sorry if not. I am a long time lurker and someone who has been super grateful for the support within the guides. I'll try to keep this short and not babble too much.

I was wondering if anyone could provide me with some advice re a mandatory reconsideration, particularly with submitting one on paper. Social phobia is one of my conditions and the thought of having to go through the reconsideration reasons via telephone fills me with anxious dread. This is mainly so because I will no doubt forget the points I wish to challenge. Also, I am not really sure what the MR process involves.

I'll try to provide a condensed version of my situation from the beginning For the past 9 years I have been in receipt of DLA high care and low mobility, for conditions including BPD, OCD, depression, chronic anxiety and an eating disorder. I feel embarrassed writing that down. When the PIP form came in I stupidly went to a local disability support centre alone to get help with my form. I was mortified explaining my conditions, and to make matters worse the woman who was supposed to be helping me point blank refused to write certain things in. I was in a such a state that I just agreed and then let her send away the form on my behalf. When I got home I had a sinking feeling I had made a mistake and unsurprisingly I received an invitation to an atos medical.

Thankfully, I had discovered this site for support and learned that examples and not symptoms are of importance. As such, I rewrote my form in my own word with lots of examples. I then made bullet points to remind me when I was in the consultation, as I have an appalling memory, especially when under stress. A week later I received the Atos report where I had been awarded 10 points daily living and 4 for mobility. 5 weeks after receiving the report I received the dreaded brown envelope with my award. I was awarded standard DL and no mobility for 4 years.

Although in fairness to the assessor the majority of the form is fairly accurate. I feel that there has been deliberate omissions to keep my award down. Also there are clear contradictions and errors of info recorded by the assessor.

For example, I was awarded 0 points for communicating verbally on the ground that I was apparently "coherent and gave a good history", yet I clearly was not coherent or gave a good history because the assessor wrote on the summary page that I had received 6 months of therapy for my ED and BPD. This is incorrect, what I had tried to explain and thought I had explained was that I was in therapy for two years for the ED and within that time I did a 6 month therapy for the BPD. I have medical evidence to prove this. As confused as I can be, I would never have mistaken two years for 6 months. I was thinking of noting this in my MR, could this be a ground of challenge?

Also, I was only awarded 2 points for engaging with others. Yet included in the reasoning, the assessor said that I looked to and relied on my carer for reassurance and support to communicate/answer the questions. The assessor also ignored the lengthy explanation from my career, who added to what I was trying to say, about how they have to be there with me in social situations. Both to help with confidence and predominantly because of my BPD, as I can misinterpret the lightest eye movement/breath as a threat or potential humiliation. As a result I can act out and say inappropriate things. I think I should have qualified for at least the 4 points here?

Sorry for the super long message and examples, I really tried to condense it all lol. Any advice on the MR would be unbelievably appreciated, I really do not think I could cope with a tribunal if my MR is refused.

Hi BR and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I'm sorry you are going through this

You certainly don't have to submit a MR request over the phone. Indeed, even if you did so we would suggest that you follow it up in writing!

It would be useful if you, or someone on your behalf*, were to phone and ask for the assessor's report (PIP4), this should be sent without any problem. However, don't delay submitting the MR request in time even if the report has not arrived. You can always tell DWP that you are waiting for the report and will submit further details when you have had a chance to read it.

What you need to concentrate on is showing how and why you score points for the criteria. Make sure you emphasise that you cannot do something, not simply that it is easier for you if you don't. If you have any additional supporting information sent it in with the MR request.

Our PIP guide takes you through the MR process

PIP help for claimants

I must warn you that it is uncommon for the MR to do anything other than 'rubber stamp' the original decision. If/when this happens, you might want to consider a paper appeal hearing. These are less effective than face to face hearings but are certainly better than nothing!

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your PIP without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too

* You would need to answer security questions first and then give permission for the other person to speak on your behalf.

Hi Mrs Hurtyback,

Thank you so much for replying and your advice. I feel so much better knowing that the MR does not have to be done over the phone. It's a huge relief off my shoulders just knowing that.

I just double checked the report that I had been sent and it is the official assessor's report. I am not quite sure how I got it as a few days after my appointment my sister had called to request it and had been told it won't be sent until after the decision. Then about a week later I received it Is the report something I should use as part of a challenge?

Thank you for the link to the guide, I'll get right on it. This is so stressful, I feel exhausted as this process has been going on for about 7 months already. I think it has been additionally delayed because twice my appointments were cancelled - an hour beforehand! I had a horrible feeling that the MR has a slim chance of success especially based on my past experience with ESA. That was a total mess, it went on for about 18 months of backwards and forwards between the dwp and my mental health advisor fighting to get me out of WRAG to the support group. Papers had apparently been lost, letters they said were sent I never received - I'm sure they never sent them in the first place. I was successful in the end, but it involved a lot of the words 'decision maker's discretion'. Sorry for that babble there.

I have now bookmarked this link Thank you again for replying, I am really grateful.

I'm glad you already have the assessor's report, that will save some time. The report will help you to understand why you did not score points as you expected.

We don't recommend trying to totally discredit the report - at best this would only gain you another assessment. You need to spend your time, and energy, in showing how and why you satisfy the criteria.

Please reply to this message if you have have further questions and we will do our best to help

hi, ButterRainbow
I just wanted to say I have very similar mh issues to you
and also felt the assessor had no idea of the ENORMOUS impact being emotionally intense/unstable has on our ability to engage with people

like you I had one of my 'team' with me who took me to the assessment
and if she hadn't been there to turn to for back up, support, reassurance, then I would not have been able to 'engage' anywhere near as effectively with the assessor

I am also in the process of applying for an MR and will do so in writing
although as they say, any points I make seem most likely to be ignored and past on

all the best

Hi BR,
If you have your assessors report, are you able to identify 'if' the person doing your assessment understood you difficulties and illnesses?
For example was your assessor MH nurse?, paramedic/ physiotherapist?
Would you be able to use that in your MR?
Just my thoughts, but good luck