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PIP - Should I appeal?

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4 years 2 months ago #256189 by rebbiemza
PIP - Should I appeal? was created by rebbiemza
I have mental health conditions - ADHD & EUPD
I applied for PIP August 2020, and I was really surprised that I was awarded standard daily living January 2021.
But there were some mistakes in the telephone assessment, so I asked for a mandatory reconsideration, which I got back this week.
The biggest error was that the assessor had said that my psychological distress didn't pose a significant risk as I don't have a Crisis plan.
This is not true, I am on a CPA and I have a Crisis plan. I sent a letter from my last medical review with my NHS team for the Mandatory Reconsideration.

DWP have said they won't change my PIP award after my mandatory.

I am trying to work out if it is worth appealing this decision. Because my disabilities are 'unseen' and the assessor report mentions I have a university degree several times, I am worried that they might reduce my award.
But I also think they aren't really listening to what I said / written, which is why I am thinking about appealing.

The areas I want to be looked at are:
Taking meds
- I always forget, and have been told by NHS team, to put an alarm on my phone. But I have still forgotten to do that.
- Sometimes I get the dose wrong.
- I will finally start my therapy at beginning March Online, and I will need my DH to wake me up, as my night meds make me drowsy in the morning.
Communicating
- I don't usually think I have a problem here, but I obviously didn't understand the assessor when she asked about my Crisis plan!
Reading information
- Again I don't think I have a problem here, but it has recently been pointed out that I don't read letters carefully and get the impression / information
Budgeting - Complex decisions
- I told them I am not good at budgeting and that my husband pays all of the household bill. He gives me 'food money'
Because I told them I check my bank balance on my phone, they said I'm ok.

Mobility
Physically I do not have any mobility concerns
Emotionally - I always have to have a Sat Nav for making journeys, and if something goes wrong it can cause me distress/anxiety which can lead to me needing to use my Crisis plan.

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4 years 2 months ago - 4 years 2 months ago #256198 by Catherine
Replied by Catherine on topic PIP - Should I appeal?
Hello Rebecca, and welcome to forums.

Well done for achieving the reward which you did, and I can understand your concerns about going for an appeal. You do not say how many points you were awarded, e.g. did you get 8, so just get the standard award, or did you get 11, so were just short of it. That is something I would take into consideration when deciding whether or not to go to appeal.

If you have not found them, our PIP guides are here www.benefitsandwork.co.uk/help-for-claimants/pip#claims

We do not give individual advice on this site, but some general observations are:

Taking Meds; from what you have described you would only be looking at one extra point. Would that be enough to make a difference?

Communicating; Do have a look at our guides and see if you think you should have been awarded points for this. If failure to communicate effectively with an assessor was something which scored points, I think almost everyone would get that, so I think you need to look for more general everyday communication difficulties.

Reading Information; the bar here is not overly high. Again, have a look at our guide. Carefully decide if you need prompting to be able to read and understand one sentence such as this. If you do, then there is something to go for.

Budgeting; complex budgeting involves being able to manage your money for both personal and household budgets. Just knowing how much money is in your account is not doing that, so this is something you should certainly explore. Again have a look at the guide which tells you just what the legislation says is involved with a complex budgeting decision.

Planning and following a journey; what you described shows that you could potentially score points here. Again have a look at our guide. Unfortunately having to use a satnav does not give you points, but the need for implementation of your crisis plan suggests that you could be looking at overwhelming psychological distress. Remember too the importance of reliability in PIP, again, check this out in the guide, but you cannot be considered to be able to do something if you cannot do it safely for yourself and others.

As for your degree – there is no upper IQ limit for PIP. It might make it harder to argue some of the cognitive activities such as reading and budgeting, but it should not be considered an automatic bar.

Only you can decide if it is worth appealing. Remember that there is about a 80% success rate at appeal, and each of those cases has previously lost at MR. But there is of course the risk of losing what you have been awarded.

I hope this helps. I think you are wise to involve DH with the process, I don’t think it is something anyone should do unsupported.
Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 2 months ago by Catherine.

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4 years 2 months ago #256199 by rebbiemza
Replied by rebbiemza on topic PIP - Should I appeal?
Thank you Charlotte

I got 8 points on the daily living, which is why I’m not sure about appealing.
As you said if I had 11 points I would be closer to the 12 points for enhanced.
For mobility I didn’t get any points on the initial assessment and this didn’t change with the Mandatory Reconsideration. But I was so cross that the assessor claimed I didn’t have Care plan or a Crisis plan, that I felt the need to correct them !

I will have a look at the guides and decide from there.

Thank you again

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4 years 2 months ago #256201 by Catherine
Replied by Catherine on topic PIP - Should I appeal?
Hi again Rebecca,

Particularly with regards budgeting you might wish to look at this recent Upper Tribunal decision. The Judge has given some helpful guidance as to the interpretation of the legislation.

www.benefitsandwork.co.uk/news/4338-pip-...iteracy-and-numeracy

Catherine

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

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4 years 2 months ago #256202 by BIS
Replied by BIS on topic PIP - Should I appeal?
Hi Rebecca

If you were to appeal your award and there was any danger of you losing your daily living award - the Tribunal Chair will stop proceedings and tell you and give you the opportunity to withdraw your appeal. Stopping an appeal would mean that your original award stayed in place.

BIS

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

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4 years 2 months ago #256209 by rebbiemza
Replied by rebbiemza on topic PIP - Should I appeal?
This is good to know.
I was annoyed at the number if times the assessor mentioned that I’d been to university. Having a disability doesn’t automatically affect your intelligence.
But I am worried that if I appeal I might seem too capable !

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