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PIP - MR - various questions
- VIA
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4 years 4 weeks ago #257797 by VIA
PIP - MR - various questions was created by VIA
Dear fellow forum members,
Thank you for the moderators constantly helping us out, and for the input of fellow members.
I am considering asking for a PIP Mandatory Reconsideration. I got 2 standard rates same as before but the good thing is that there was tel assessment , with award period of 4 doubled from 4, and that they were fast to decide (10 days from the time they received my pip review form and evidence.
Q1- Is there a BIG % chance that:
- my award could be reduced to nothing
- or that my award period that was doubled could be halfed again?
I am wondering if from this forum, over the years, when forum members give a feedback the majority of them on standard rates, the majority of them get it stopped, that is what worries me the most?
Q2- Is it wise to say to DWP in MR I should have been allowed more points (and hence more money)?
If I tell them I believe I should have been given more points (hence more chance of an award with Enhanced rate, meaning more money) could that backfire on me?
I am wondering if anyone has actually told them in MR they should have scored more points?
Even though some of us think it and tell each other that.
Especially when on their decision letter pip.7003 the assessor only writes down the daily living activities I scored points on, and the other daily living or mobility activities that score more points are not even mentioned.
Many thanks.
Best wishes
Thank you for the moderators constantly helping us out, and for the input of fellow members.
I am considering asking for a PIP Mandatory Reconsideration. I got 2 standard rates same as before but the good thing is that there was tel assessment , with award period of 4 doubled from 4, and that they were fast to decide (10 days from the time they received my pip review form and evidence.
Q1- Is there a BIG % chance that:
- my award could be reduced to nothing
- or that my award period that was doubled could be halfed again?
I am wondering if from this forum, over the years, when forum members give a feedback the majority of them on standard rates, the majority of them get it stopped, that is what worries me the most?
Q2- Is it wise to say to DWP in MR I should have been allowed more points (and hence more money)?
If I tell them I believe I should have been given more points (hence more chance of an award with Enhanced rate, meaning more money) could that backfire on me?
I am wondering if anyone has actually told them in MR they should have scored more points?
Even though some of us think it and tell each other that.
Especially when on their decision letter pip.7003 the assessor only writes down the daily living activities I scored points on, and the other daily living or mobility activities that score more points are not even mentioned.
Many thanks.
Best wishes
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- LL26
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4 years 4 weeks ago #257800 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP - MR - various questions
Hi Olympia,
Thanks for your post.
Every time there is a benefit review, or appeal reaches a tribunal, the whole of the benefit can be reviewed including length. Although possible, it is unlikely that DWP would review/reduce an award only made a few days before. If benefit was reduced in this way, then this decision could be appealed. At tribunal a warning would be required allowing for withdrawal of the appeal if you wished. So yes there's a risk, but on the plus side you can get the proper (bigger money) award.
When writing MR for a client, I will go through each descriptor, and either agree with DWP points, or disagree giving what I think is the correct value. I think it unwise to mention money. Of course you can say you want to appeal an award of standard rate because you feel that your disabilities give rise to at least 12 points, and you should be receiving enhanced rate. Although this realistically amounts to the same thing, it is framed in terms of why PIP is awarded, if you just say you want an MR to get more it might come across as greedy!
DWP are not overly generous with their points, often they just award eg 2 points fir an aid/appliance. Remember that under Regulation 7 the highest points' value that applies should be awarded, and it is often ignored by DWP. It is not wrong to persuade DWP that they have awarded insufficient points. Sometimes one or more activities in the descriptor section apply. For instance, you might need help to put on lower clothing, but also to do tops etc as well.In this example, help with tops carries more points, so that value should be awarded. It is important to remind DWP that points should reflect the true lack of function you have rather than their lower, incorrect values!
Please bear in mind that just because you have a disability that prevents you doing an activity, you can only get the maximum points allowed for that section. Your last paragraph however seems to suggest that DWP seems to have ignored some of your more serious limitations. This suggests that it is therefore likely that you should have achieved a higher award. If you didn't send in any medical evidence, this could really make the difference if you do put in an MR request. Also, maybe a friend or relative can confirm the difficulties you have in a supporting letter.
I hope this helps.
LL26
Thanks for your post.
Every time there is a benefit review, or appeal reaches a tribunal, the whole of the benefit can be reviewed including length. Although possible, it is unlikely that DWP would review/reduce an award only made a few days before. If benefit was reduced in this way, then this decision could be appealed. At tribunal a warning would be required allowing for withdrawal of the appeal if you wished. So yes there's a risk, but on the plus side you can get the proper (bigger money) award.
When writing MR for a client, I will go through each descriptor, and either agree with DWP points, or disagree giving what I think is the correct value. I think it unwise to mention money. Of course you can say you want to appeal an award of standard rate because you feel that your disabilities give rise to at least 12 points, and you should be receiving enhanced rate. Although this realistically amounts to the same thing, it is framed in terms of why PIP is awarded, if you just say you want an MR to get more it might come across as greedy!
DWP are not overly generous with their points, often they just award eg 2 points fir an aid/appliance. Remember that under Regulation 7 the highest points' value that applies should be awarded, and it is often ignored by DWP. It is not wrong to persuade DWP that they have awarded insufficient points. Sometimes one or more activities in the descriptor section apply. For instance, you might need help to put on lower clothing, but also to do tops etc as well.In this example, help with tops carries more points, so that value should be awarded. It is important to remind DWP that points should reflect the true lack of function you have rather than their lower, incorrect values!
Please bear in mind that just because you have a disability that prevents you doing an activity, you can only get the maximum points allowed for that section. Your last paragraph however seems to suggest that DWP seems to have ignored some of your more serious limitations. This suggests that it is therefore likely that you should have achieved a higher award. If you didn't send in any medical evidence, this could really make the difference if you do put in an MR request. Also, maybe a friend or relative can confirm the difficulties you have in a supporting letter.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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4 years 4 weeks ago #257802 by denby
Replied by denby on topic PIP - MR - various questions
Hi Olympia, here goes my fave topic! Have you actually requested and received your assessment report, called PA4? If not please get a call in ASAP to see whether the assessor recorded your answers correctly. Or twisted or omitted anything -all these are sadly common.
[If you have time it is ideal to follow up your phone-call with a letter requesting it. And by the way if you get a person who says you can't have it, that is only true in Northern Ireland, so if you live anywhere but NI just end the call and try again].
If there are faults in the assessment report, it will help you write your MR by explaining each significant one [ie that would give more points or longer award], refer to the documents you sent for each fault. If time is short on the MR one-month deadline you can submit it on time, with a comment included that you intend to send further comment when you have received information you are waiting for, then get it in ASAP when it does reach you.
Hoping this is useful in your claim, Denby
[If you have time it is ideal to follow up your phone-call with a letter requesting it. And by the way if you get a person who says you can't have it, that is only true in Northern Ireland, so if you live anywhere but NI just end the call and try again].
If there are faults in the assessment report, it will help you write your MR by explaining each significant one [ie that would give more points or longer award], refer to the documents you sent for each fault. If time is short on the MR one-month deadline you can submit it on time, with a comment included that you intend to send further comment when you have received information you are waiting for, then get it in ASAP when it does reach you.
Hoping this is useful in your claim, Denby
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4 years 4 weeks ago #257803 by VIA
Replied by VIA on topic PIP - MR - various questions
Thank you so much LL26 and denby for taking the time to reply to help me.
Today I’ll call them and ask for PA4.
I am a bit upset because despite have no tel/face to face assessment they know from all the medical evidence & neighbours support letters (I almost had problems closing the A4 special delivery envelope) that I am severely disabled, I need a hip replacement urgently, , and also knees replacement very soon, my legs are severely deformed, I have OA in all the lower parts of my body, yet every 2 years,.
- they say I can use aids for all daily living activities and they do not give me the help I need for cooking, getting out of the bath because it is medically (as no grip or upper limb restrictions) likely I can use aids so I am short of points and always on standard rate. When I cannot cook anymore, I used to years ago, now I have to order food (or have someone cook for me) because my lower limbs give way at times and I even had an accident in the kitchen.
- For mobility I told them every time I go out which is only for medical appointments and I use 1 or 2 crutches and that at home it varies, 1 or 2 crutches and that is when I cannot walk either for every single step I have to stop and use the crutch(es) or I hold on to the furniture when I am better but still stop every metre or two. And I said that whenever I walk, with or without aids, I can only walk less than 20 metresbecause I either stop at every little step i take or at every 1 or 2 metres. They seem to say that unless you have problems with your upper limbs then despite having problems with your lower limbs you can still use aids. I explained I could not stand, had accident, leg giving way, could not sit but needed to lay down or half lay down and they say it is medically likely I could use aids to wash and prepare a simple meal. I feel they always have escuses (a few year bk they said standard rate and said had no accident in the kitchen) me I have accident in kitchen (once went to A&E 2 years ago for it) and they say I can use aid. I am thinking if I do an MR they seem so keen on giving me standard rate I hope they do not stop it.
But the person who made the decision said I have not reported significant changes to my pain medication to support a significant deterioration.
which is incorrect, because this last 6 months I have been talking to MSK pain management pharmacist, they changed my medication 2 months ago, it is not working and on the day they made the decision the msk pharmacist called me (and I told pip she was going to call me mid march) and changed to medication but made me aware of risks of heart attacks. Even the medicine I was on these last year and a half had risks of heart attack and I told them the gp diminished the dose and stopped it as they say it is dangerous. So I do not think the decision maker is fair there (I admit have not sent the letter saying from the pain management pharmacist that put me on this medicine but when I contacted gp to see if ready, receptionist said gp or pharmacist would call me a few day later about it. Unfortunately I missed call, but pharmacist left voicemail to send he had sent it to my pharmacy). I had not sent the msk pharmacist letter to pip earlier in case my gp did not want to give me the medication because of the risks of heart attacks, plus I am allergic to so many medicine there is not much left out there for me.
And lastly the assessor I have said I only use a walking aid sometimes, which is twisted truth and that she has decided I can walk over 20 metres but less than 50, and that she has considered what my needs are the majority of days.
I go out 4 times a year.
At home I use aid most days or use furniture for support or a combination of both if I have to move 1 metre I’ll only use furniture but further away walking aids.
I am wondering if the fact I have no letter to say I have a walking aid can penalise me. There is one I sent from 2 years ago the physio said I had refused walking aid as I walked better with rolling suitcase which was true at the time, now I use the crutches 2, 3 times a year when go out for medical appointment and at home or use furniture.
Thank you for all your support.
Best wishes
Today I’ll call them and ask for PA4.
I am a bit upset because despite have no tel/face to face assessment they know from all the medical evidence & neighbours support letters (I almost had problems closing the A4 special delivery envelope) that I am severely disabled, I need a hip replacement urgently, , and also knees replacement very soon, my legs are severely deformed, I have OA in all the
- they say I can use aids for all daily living activities and they do not give me the help I need for cooking, getting out of the bath because it is medically (as no grip or upper limb restrictions) likely I can use aids so I am short of points and always on standard rate. When I cannot cook anymore, I used to years ago, now I have to order food (or have someone cook for me) because my lower limbs give way at times and I even had an accident in the kitchen.
- For mobility I told them every time I go out which is only for medical appointments and I use 1 or 2 crutches and that at home it varies, 1 or 2 crutches and that is when I cannot walk either for every single step I have to stop and use the crutch(es) or I hold on to the furniture when I am better but still stop every metre or two. And I said that whenever I walk, with or without aids, I can only walk less than 20 metresbecause I either stop at every little step i take or at every 1 or 2 metres. They seem to say that unless you have problems with your upper limbs then despite having problems with your lower limbs you can still use aids. I explained I could not stand, had accident, leg giving way, could not sit but needed to lay down or half lay down and they say it is medically likely I could use aids to wash and prepare a simple meal. I feel they always have escuses (a few year bk they said standard rate and said had no accident in the kitchen) me I have accident in kitchen (once went to A&E 2 years ago for it) and they say I can use aid. I am thinking if I do an MR they seem so keen on giving me standard rate I hope they do not stop it.
But the person who made the decision said I have not reported significant changes to my pain medication to support a significant deterioration.
which is incorrect, because this last 6 months I have been talking to MSK pain management pharmacist, they changed my medication 2 months ago, it is not working and on the day they made the decision the msk pharmacist called me (and I told pip she was going to call me mid march) and changed to medication but made me aware of risks of heart attacks. Even the medicine I was on these last year and a half had risks of heart attack and I told them the gp diminished the dose and stopped it as they say it is dangerous. So I do not think the decision maker is fair there (I admit have not sent the letter saying from the pain management pharmacist that put me on this medicine but when I contacted gp to see if ready, receptionist said gp or pharmacist would call me a few day later about it. Unfortunately I missed call, but pharmacist left voicemail to send he had sent it to my pharmacy). I had not sent the msk pharmacist letter to pip earlier in case my gp did not want to give me the medication because of the risks of heart attacks, plus I am allergic to so many medicine there is not much left out there for me.
And lastly the assessor I have said I only use a walking aid sometimes, which is twisted truth and that she has decided I can walk over 20 metres but less than 50, and that she has considered what my needs are the majority of days.
I go out 4 times a year.
At home I use aid most days or use furniture for support or a combination of both if I have to move 1 metre I’ll only use furniture but further away walking aids.
I am wondering if the fact I have no letter to say I have a walking aid can penalise me. There is one I sent from 2 years ago the physio said I had refused walking aid as I walked better with rolling suitcase which was true at the time, now I use the crutches 2, 3 times a year when go out for medical appointment and at home or use furniture.
Thank you for all your support.
Best wishes
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- Bud
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4 years 4 weeks ago #257805 by Bud
Replied by Bud on topic PIP - MR - various questions
Hi Olympia
I’ve always got 10 points SDL, & I always accepted it & was just grateful that I got something. I certainly wouldn’t have dared query this, until I lost my award & went from 10 to 0 points. After reading the guides on B&W I went for a MR & got the 10 points back, but I was so angry that I also decided to also appeal. I felt that they deliberately ignored some things to stop me getting those extra 2 points which would’ve got me an enhanced award. If for example I’d got the extra point for using a dosette box for medication, along with 3 points (rather than the 2 that they gave me) for needing help to get in & out of the bath/shower I’d’ve got the 2 extra points needed for an enhanced award. I did state this in my MR & appeal letter, not that I would’ve even thought of saying such a thing otherwise. All I did was follow the guides on here which said to see where you could possibly gain extra points & explain why you think that you should get them. I’m still awaiting my appeal & hope to get an enhanced DL award, as I know that there are extra points to be gained.
I’ve always got 10 points SDL, & I always accepted it & was just grateful that I got something. I certainly wouldn’t have dared query this, until I lost my award & went from 10 to 0 points. After reading the guides on B&W I went for a MR & got the 10 points back, but I was so angry that I also decided to also appeal. I felt that they deliberately ignored some things to stop me getting those extra 2 points which would’ve got me an enhanced award. If for example I’d got the extra point for using a dosette box for medication, along with 3 points (rather than the 2 that they gave me) for needing help to get in & out of the bath/shower I’d’ve got the 2 extra points needed for an enhanced award. I did state this in my MR & appeal letter, not that I would’ve even thought of saying such a thing otherwise. All I did was follow the guides on here which said to see where you could possibly gain extra points & explain why you think that you should get them. I’m still awaiting my appeal & hope to get an enhanced DL award, as I know that there are extra points to be gained.
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- LL26
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4 years 4 weeks ago #257810 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP - MR - various questions
Hi Olympia,
At the risk of repeating yourself, when you write your MR letter say all the things in your previous post. Maybe use bullet points to make this more punchy. Everything you say is very relevant, and should have been taken into consideration by DWP. Certainly explain your medication, what you do take and what you can /do take. A strong MR could result in increased benefit. As with Bud, sometimes you do have to go to the tribunal, but if you think you have been given an award that doesn't reflect your true disability, then please do not give up.
Good luck!
LL26
At the risk of repeating yourself, when you write your MR letter say all the things in your previous post. Maybe use bullet points to make this more punchy. Everything you say is very relevant, and should have been taken into consideration by DWP. Certainly explain your medication, what you do take and what you can /do take. A strong MR could result in increased benefit. As with Bud, sometimes you do have to go to the tribunal, but if you think you have been given an award that doesn't reflect your true disability, then please do not give up.
Good luck!
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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