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PIP award reinstated, worth contesting points?

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4 years 11 months ago #234284 by antmack
My PIP was stopped after review then re-started after the mandatory reconsideration at the same rates as before. However, both daily living and mobility component points awarded have been reduced and I'm scoring zero points on some activities that I believe I cannot do unaided or without help. Is it worth making an appeal on the basis of the scoring of activities even if it wouldn't change the rate that would be received? I'd rather not bother, however I'm worried that come the next review this review I disagree with will become the basis from which I'm judged i.e. I'll be judged as being more capable than I am in reality.

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4 years 11 months ago #234289 by BIS
Hi Antony

Obviously, it's up to you to choose what you want to do, but if you choose to dispute the points awarded you run the risk of your award being changed. There is no value in arguing if it would not increase your award.

I have yet to hear anyone ever have an assessor say - 'well at your last review you said blah, blah, blah.' At your next review, they will be looking for current evidence and you should always make your arguments as if it is the first time you are telling them.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 11 months ago #234291 by phrank
Hi Antony,

Exactly the same happened to me last year. Refused PIP with zero points, MR and back to my old award but the points given for activities that I wasn't trying to score points on.

It is almost as if they gave up arguing with me and some case manager gave my case to some office junior and said something like "just get him to xx points for daily living and xx points for mobility I don't care how you do it, just do it."

That's how it seems and I've just left things as they are.

Phrank.

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4 years 11 months ago #234294 by antmack
Thanks, of course there's always the risk of the award being changed. However, I don't think it's likely my award will be decreased now that the DWP have awarded me at the same rates as before after MR. Are the DWP likely to say their new rate/points are also wrong? Does it makes a mockery for them to be wrong on two counts? I figure the worst that could happen is the rate/points will be upheld, so I think there's no harm in trying? The stress of an appeal is a consideration, I wouldn't like to go to court so would prefer a paper hearing. I see what you're saying, to be sensible and happy you got your award back, but I still feel it's an injustice the way they've casually reduced my points as if to say my condition has improved when it hasn't.

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4 years 11 months ago #234310 by Gordon
Antony

I'm unclear from your posts whether you believe with the extra points you would receive a higher award or not, if you would then you should certainly consider an appeal but if you would not then why make the appeal if there is no monetary advantage to you, it's even possible that an appeal would not be accepted if this was the case.

Gordon

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4 years 11 months ago #234317 by antmack
Gordon

The point that I've explained is that the statements about doing activity X, Y or Z are incorrect. How can it be ok for the DWP to say something about a claimant that is incorrect, that in the claimant's opinion hasn't considered the evidence carefully? Does it matter whether I stand to gain money or not? And why wouldn't the DWP use their own review from years ago at the next review as a starting point if they see fit? If I don't challenge, this is a real possibility, is it not?

Not that it should matter, but in making an appeal I'd also be disputing the mobility component because I believe the evidence used hasn't been considered in this latest decision and that I should have been awarded the higher rate. So, yes there'd be monetary change if it was successful. If I'm unsuccessful, I think the award will stay the same, I wouldn't be submitting any further evidence either so it'd just be based on the evidence available at the time of the MR.

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