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PIP MR Clarification

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4 years 7 months ago #250780 by Dottie
PIP MR Clarification was created by Dottie
So I got my response back for my MR, which still wasn't good news, and they've done this for seemingly one reason in particular that I'm not sure is correct.

I sent my information in via an 18 page letter explaining my conditions in more detail and explaining exactly how they effect me to address shortcomings during the telephone interview and provide further clarification.

A few days - a few weeks before I received my initial decision and then started writing my MR with my mum's assistance I had been put under the MH team for my area, had my medication increased from a line one antidepressant (that I'd been trying to increase for years due to it not working) to a line two, had an appt with a neurologist scheduled and a few other things that are pertinent to my diagnoses.

I out this new information in my MR as I didn't want to trigger an MR by phone if I gave them the new information that way.

Anyway, I got my MR decision back and right at the end they've written this...
"your letter of dispute states....For the purposes of a reconsideration I can only consider the needs you had at the time of assessment and any subsequent deterioration would need to be treated as a new claim."

Now, I'm confused, cause I'm pretty sure this all came under change of circumstance and they *wanted* me to tell them about these things as my condition had changed and worsened.

Just wondered if anybody had some clarification on this? I'm definitely going to a tribunal and my support worker has said she'll help me with evidence and such but it's just so stressful as it doesn't even feel like they've read the whole letter as only a few parts were used to dispute the evidence I've given about *my* conditions.

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4 years 7 months ago #250787 by Gordon
Replied by Gordon on topic PIP MR Clarification
Dottie

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

The PIP legislation requires claimants to have suffered from their limitations for at least three months before they can be considered for an award so I am afraid the DWP are correct that they cannot consider your deteriorated condition.

I assume you have not received an award so you have two options now that an MR has been completed.

- You can appeal the Decision based on your issues as they were when the Decision was made
- You can make a new claim for PIP based on your conditions as they are now.

You can do both but you should think carefully before doing so as a new claim will limit any award that a Tribunal might make.

Our PIP guides cover making an appeal.

www.benefitsandwork.co.uk/help-for-claimants/pip

If you have further questions then please return to the forum and we will do our best to help. Note; we are not usually online over the weekend but your posts will be answered on Monday.

Gordon

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

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4 years 7 months ago #250792 by Dottie
Replied by Dottie on topic PIP MR Clarification
But if it's not necessarily deterioration, but rather just finally getting the support I've asked for countless times over the last two years (ie. a referral to a neurologist for new treatment plan and trying a new antidepressant) but haven't gotten until now, would that still warrant a new claim?

My conditions aren't necessarily getting a whole lot worse but there's been no improvement, particularly with the chronic migraine, and I've just been trying to get a new or different treatment that could help. With my depression, anxiety and BPD, I've always suffered in the same way but had the energy and ability to power through to an extent when I was younger that I just don't have now because my physical health is so bad but they keep using that against me in their decisions. They've made so many false assumptions, (including assuming I can drive a car safely just because I have a license - I passed 4 years ago but had a car accident that exacerbated existing migraine, causing chronic migraine, nearly 2.5 years ago) despite the information they've been given and I'm just at a loss.

I just feel like because it's further treatment for existing conditions that have neither gotten worse nor better, but have remained dreadful since their onset it shouldn't be considered a new claim, if that makes sense?

They've also used the fact that I tried to get back into work last year as an indicator that I'm cognitively and physically sound? I spent 6 months there, at which point I was then let go after the probationary period, because I had done all of about 30 days total work during that time as I was suffering more and more and couldn't go into work. I had Access to Work out who gave a big list of recommendations to help me with my migraine at work but it wasn't enough. Honestly I did well to even have 6 months there. It seems unfair to use that as an indicator that my migraine doesn't affect me when, if anybody looked at my attendance record, they'd see how false that actually is.

Again, I'm just at a loss and I'm sorry for ranting, there's just so many inaccuracies and assumptions made that I feel like questioning my own sanity more and more, it's incredulous.

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4 years 7 months ago #250803 by Gary
Replied by Gary on topic PIP MR Clarification
Hi Dottie

The next phase after your MR is to appeal which can be done on line, whenever I do an appeal I usually set it out similar to MR, what I disagree with the assessors report and just work your way through the report. what you need to emphasise is that your condition is ongoing and that you had it for X number of years and your treatment is varying to help you cope with your condition.

You can add any extra supporting documents but remember the appeal is all about how you were on the day of the assessment, quite often claimants will tell me that their condition has got worse thinking this will go in their favour, infact it does not. At a Tribunal, one of the first questions the Tribunal will ask you is has your condition got worse since your assessment, I always advise a claimant to inform that if there has been no change in their condition, then to tell the Tribunal no change.

You may want to start a day diary about how you feel each day, which can be very useful at a Tribunal.

Gary

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