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PIP Reassessment - need some help

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4 years 2 months ago #256454 by DWPEX
PIP Reassessment - need some help was created by DWPEX
I’m 66 in September - that’s my State Pension Age.
I’m currently going through reassessment which I asked for as my health has deteriorated significantly. I also wanted to get it in before September.
I currently receive HR Care / SR Mobility
The PA4 Assessment Report suggests I will get SR Care / HR Mobility but only for a year.
I want to challenge the decision as they are pretty much saying because I can drive I can do everything else like prepare a meal (which I simply can’t). What arguments can I use against that? I’m inclined to do MR in writing but open to advice?
Also, should I request 5 years?
Am I pushing it and risking everything? I simply don’t have the strength for a long drawn out process.
Any help greatly received.

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4 years 2 months ago - 4 years 2 months ago #256459 by LL26
Replied by LL26 on topic PIP Reassessment - need some help
Hi DWPEX,

Welcome to Benefits and Work!

I am not clear whether you have actually had a decision or just the assessment report, which recommends review after 1 year. What is important is the actual DWP decision. After a claimant reaches pension age there is supposed to be a 'light touch review' which I'm led to believe is a paper reassesment, but no one is really sure exactly what this means, and it may or may not happen!
You can certainly appeal if you wish, however, it is possible that DWP, or a tribunal, if you need to go there, can reduce your award, It is unlikely, but does rarely occur. Since you will shortly be receiving your state pension, this will affect your PIP claim. After pension age, your PIP mobility award becomes fixed, so whatever level of mobility award you get now will be where you stop. You have been awarded Enhanced rate, so providing you still have mobility difficulties, you can continue to receive that rate for as long as you need to.

If you want to appeal, you are right, the first stage is to send in a MR letter. (Can be done via phone, but letter is always best!) If you look at the members guides there is all sorts of information about claiming PIP and all stages of the appeal process. If your initial answers on the renewal form didn't match the examples given in the guides, then you could provide more information/explanation. You can certainly challenge the assumptions made by the assessor. I see many examples where somehow the ability to drive cures all disabilities! This of course is not true. For instance the grip on a steering wheel is very different from the dexterity required to hold and chop vegetables! You will need to consider your limitations, and counter what has been said in the report.
For example; For preparing food - the following might be useful start
'I can not prepare food (or I need help to prepare food etc) - you have said that because I can drive I can prepare a meal, this is simply not correct because....'

Even if you end up repeating what was said on the claim/review form go through each set of descriptor activities and explain the difficulties you have. Perhaps you have medical evidence, or maybe a friend/relative who can write a brief statement to confirm your difficulties, this may also help.
It is possible to challenge the length of an award, either with or without challenging the points level as well. There is supposed to be a minimum gap before review. This was set in 2020 as 18mths. It is important to know that if for whatever reason, DWP do not review your award, and it has a fixed period, you should contact DWP, several months before the expiry to avoid any gap in your claim. DWP will either send a review form, or a renewal claim form. If you don't return the form, or forget to contact DWP, then it is likley your award will end, and at which point any new claim will not include a mobility award.
The members guides can be found here;

www.benefitsandwork.co.uk/help-for-claimants/pip
I hope this helps. Good luck.

LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 2 months ago by LL26. Reason: bad spelling
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4 years 2 months ago #256468 by denby
Replied by denby on topic PIP Reassessment - need some help
Dear LL26, reading over, DWPEX is currently getting only SR Mob not enhanced yet, and it appears they already realise they need to get their mobility up to HR before turning pension age which would prevent this. The assessor has recommended HR Mob. but I don't think they've got the decision yet, could be wrong. Best wishes, Denby

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4 years 2 months ago #256469 by denby
Replied by denby on topic PIP Reassessment - need some help
Hi DWPEX, nb I'm not a mod, just a fellow traveller. If you have got the assessment report but not yet had the decision, there may be a small window in which you can write in using all the arguments the Mod has described, stating this is not an MR request [but you reserve the right to make one later] . This is well worth a try if not too close to the month limit. It worked for our daughter and I believe others on this forum. If it is close to the month limit maybe do both, check with the mods if you can withdraw the MR should you still get the right result because the DM gets your letter before deciding, due to their backlog. Hope this assists, Denby
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4 years 2 months ago #256470 by DWPEX
Replied by DWPEX on topic PIP Reassessment - need some help
Think I’d be ok phoning? Maybe not?

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4 years 2 months ago #256490 by Catherine
Replied by Catherine on topic PIP Reassessment - need some help
Hi DWPEX,

Personally I would start with a phone call, if time is running out, and then follow it up with the letter to make sure that they hear what you want to say, not what the person who answered the phone thought you wanted to say.

Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, DWPEX

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