× Members

pip and mandatory reconsideration

More
4 years 8 months ago #250341 by tango
pip and mandatory reconsideration was created by tango
hi there my daughter just got her pip medical report, no decision yet but from report she got standard for both care and mobility. she wants to ask for a MR when decicision is made on the grounds that in report for every descriptor she is only on mild medication so her condition does not warrant a higher award. during her telephone assessment it was explained to the health assessor that the reason she was only on mild medication was that she was pregnant and could not take her normal medication which was tromodol and morphine patches plus other anti depressants due to safety reasons as she was pregnant. the health assessor has not mentioned this and then used the fact that she was not on strong medication to not award her a higher award. she as basically copied and pasted the same answer into every descriptor, so just looking for some advice please.
regards tango

Please Log in or Create an account to join the conversation.

More
4 years 8 months ago #250347 by BIS
Replied by BIS on topic pip and mandatory reconsideration
Hi Tango

You have a small window to write to the decision maker before the decision comes out and I would point out that this fundamental piece of information (ie your daughter being pregnant) was excluded from the report including why she couldn't take her normal medication. I'm not saying it will change the decision, but it is certainly worth a go. Write to the office dealing with your daughter's case.

BIS

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

Please Log in or Create an account to join the conversation.

More
4 years 8 months ago #250499 by tango
Replied by tango on topic pip and mandatory reconsideration
my daughter got her decision letter and it was as per assessment report so she will be going down the mandatory reconsideration route, just a couple of questions?
will her current award remain in payment while she awaits a decision on the MR?
if the MR is not in her favour will she lose her award?
was there a upper tribunal decision that stated that a non award could not be based solely on the level of medication. she got standard care(9points) and standard mobility(10 points)
regards tango

Please Log in or Create an account to join the conversation.

More
4 years 8 months ago #250506 by Gordon
Replied by Gordon on topic pip and mandatory reconsideration
Tango

Yes, any award will remain in payment during an MR or appeal.

An MR remakes the Decision so it is possible for an award to be reduced or even removed but I can't remember the last time that this happened, it must be at least two years.

I'm not aware of the UTT Decision that you refer to but I would be cautious of relying on any UTT Decision during an MR, DWP Decision Makers will only be interested in your showing that your daughter meets the criteria for a higher award.

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid