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Risk asking for MR for PIP or accept?

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4 years 5 months ago #252883 by Cosmo
For the past 3.5 years I've received the enhanced rates of PIP for mobility and daily living, with two reviews over that period continuing the award.

My award was recently reviewed including a telephone assessment. I have a copy of the assessment report and there's some factual inaccuracies and the final section wasn't completed as the assessor ended the call. I have been awarded 8 points/standard rate for daily living and 12 points/enhanced for mobility. There are three things I would challenge - the assessment report said I could cook and prepare a meal with an aid, when I said I need assistance; I could manage bathing with an aid, when I said I couldn't wash my hair or below my waist myself and needed assistance to get in and out of a bath; and I need help to manage my medication. I have difficulty opening packs of medication so my pharmacist usually puts my medication into bottles for me and/or my son helps me to lay out my meds every day. The report said I hadn't mentioned fatigue or other difficulties with these tasks, but I didn't get the opportunity to do so. The assessor was very efficient and if I tried to give additional info in response to her questions, she told me to stop and she moved on to another question. The assessment was exactly 1 hour long and she ended it without fully completing all of the sections of the report.

Obviously I am very relieved to get the enhanced mobility rate. There is nothing in the assessment report that disputes that I should get 12 points in that section.

I'd appreciate any input here - should I request the MR? For me, it doesn't make sense that I can't walk more than 20 m but I can cook and prepare a meal, wash myself and get in and out of a bath and manage all of my medications. Or suck it up and just be glad my mobility rate was awarded?!

Thanks in advance!

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4 years 5 months ago #252885 by BIS
Replied by BIS on topic Risk asking for MR for PIP or accept?
Hi Cosmo

You're the only person who can decide whether you want to put in for a Mandatory Reconsideration. I would look carefully at what this assessor found different from the other two. Did they make assumptions about things that you can easily challenge? I don't know what you said on your review form, but if fatigue is an ongoing problem, then it seems unfair that it was noted incorrectly and you were not even asked about it. Obviously it can be stressful to put in for an MR and there are some risks to doing so, because even if you ask them to look at part of the award they will look at it all, but generally MR's leave awards unchanged rather than downgrade them in any way.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 5 months ago #252897 by Cosmo
Replied by Cosmo on topic Risk asking for MR for PIP or accept?
Thank you BIS. I think I might risk the MR, there were certainly assumptions made, e.g. the report said I get a dosette box from the pharmacy, but I don't. It's good to hear that in general MR's don't downgrade awards and I can't see there's anything in my review form or the assessment report to suggest the mobility award should be downgraded.
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4 years 2 months ago #255432 by Cosmo
Replied by Cosmo on topic Risk asking for MR for PIP or accept?
Update I went ahead with the MR, pointing out all of the errors and inaccuracies, but DWP refused to accept my evidence or charge their original decision. I then submitted tan Appeal, I was called by a DWP Decision Maker to go over the descriptors where I disagreed with the DWP assessment - the same things all over again. One of the points the DWP have made is that I didn't mention fatigue/tiredness/pain in some instances, but I certainly have emphasised it in my MR and Appeal submission, and pointed out that in my review form I stated 'no change' from the previous situation, which did include them. I did make the mistake of not stating it to the DWP person on this latest call, however they called me at 9.30am in the morning with no prior notice, I was still in bed and spaced out having recently taken pain medication - I can't actually remember much of what was said.

In response to the Appeal, the DWP have given me one additional point for managing medication, but have refused to change anything else. They say things like because I have a driving licence I can cook for myself, wash myself and dress myself. I have detailed how these things don't correlate in some detail! I've submitted additional evidence and a written statement from my son detailing how he helps me to the Tribunal.

I have used the guide and forum on this website to get to this stage, so thank you to everyone who contributes and the site administrators.

My hearing is listed for February, via telephone. I wondered if anyone knew if this will go ahead, or will the papers be assessed first, with the possibility of a decision being made on those?
The following user(s) said Thank You: leadber, burness

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4 years 2 months ago #255437 by Catherine
Replied by Catherine on topic Risk asking for MR for PIP or accept?
Hello Cosmo,

I have very occasionally come across the Tribunal making a decision based on the papers, but I expect the hearing to go ahead as scheduled. (Twice, with same lady, they rang up on the morning of the hearing to say that they had reviewed the papers and decided fully in her favour.)

Please do let us know how it goes.

Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 2 months ago #256262 by Cosmo
Replied by Cosmo on topic Risk asking for MR for PIP or accept?
Update - chuffed to say my appeal was heard on Thursday by phone and I received notice of the decision today (Saturday) awarding me enhanced daily living. Before the appeal, DWP changed their decision on one of the descriptors, although they had refused this during the MR period. I represented myself all the way through, using the guides on this site and info others have posted in the forum - thank you!

I'm in Scotland, so by the time my award is reviewed, disability benefits will have transferred, with no more Capita assessors :) :) :) :) :)

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