Pip MRC

Hi Natalie,
I'm sorry to hear about your decision. Do I assume correctly that you used to have enhanced rate and now simply have standard rate?
If DWP change the existing amount of benefit, this is called a supersession. DWP will have to show that there has been an actual change of circumstances not just a different opinion from the recent assessor. You have said that your condition had remained the same, so it sounds as if DWP have not made a lawful supersession. Therefore it is likely that you can either get the decision reversed at Mandatory Reconsideration or via appeal to a tribunal. I will explain more about that in a moment.

In respect of Descriptor 1 or preparing food, the test comprises the ability to cook a simple one course from scratch using fresh ingredients. The test concerning using a microwave is to use that to heat the fresh ingredients instead of using a hob.So you would still need to eg peel and chop the vegetables and understand cooking times etc if using the microwave. The test does not comprise reheating ready meals. Unfortunately I don't know exactly what limitations you have in respect if cooking. If it is problems with prompting, using your hands, or understanding cooking times or a recipe, it is hard to understand how using a microwave would be any easier or indeed actually be usable.

When 12 or more points have already been awarded DWP do not have to consider any more descriptors. I think this is one reason why the microwave myth has continued. Equally, if you have been awarded enhanced rate there is no need to appeal, so I as you explain, you didn't bother to complain about this either.
Since my initial general analysis suggests microwave points are unlikely, these should never have been awarded. But, depending on your actual disabilities that affect cooking, you may not necessarily get any more points. The need for an aid or appliance, using microwave and prompting all give 2 points. But, as you mention the need for supervision gives 4 points. So this could be worth pursuing.
Have a look at the members guides which sets out all the relevant points for the descriptor activities as well as other helpful info
Here is the link
www.benefitsandwork.co.uk/personal-independence-payment-pip-2

You stated that you previously received 17 points Now you have 11, so it would appear that you have lost other points as well.I suggest that you concentrate on those activities too.

OK, so next steps. You will need to write a Mandatory Reconsideration letter to DWP.
Maybe include a bit of background about your health to begin with and how things have not changed.
You can then mention that the new decision relies on a poor assessment report that does not reflect the actual nature of your disability.
Before you write the MR letter have a think about the major flaws in the assessment. It could be incorrect facts or assumptions, it maybe accompanied by poor grammar etc or cut and paste.The assessor might not have obvious qualifications to be expert in dealing with your conditions. In your letter put the major criticisms within 3 or 4 bullet points. Use the worst examples eg
•At no point did I tell the assessor I could drive. I do not drive I have never learned.
•I can not read food packets as I am dyslexic
•The assessor is shown to be a paramedic, it would therefore appear he does not have expert experience in mental health. This was apparent in his lack of understanding in my condition, and the lack of appropriate questions.

Then go through each descriptor and explain the correct points value you shoukd get. If you have kept a copy if the previous review or claim form, you can quote this.
Eg
I still need supervision with cooking because...[explanation and gives examples] I stated this on my previous claim form. The previous decision maker erroneously awarded 2 points for using a microwave. However my condition has not changed. I should been awarded 4 pts 1e
previously and on the current review.

You can the refer to specific inaccuracies of the assessment and refer to your own medical report. No doubt your psychiatrist is a very qualified medic with loads of initials to show this. You can say that it is not reasonable to rely on the assessor who has no obvious expert qualifications, nd has just not you instead of the highly qualified psychiatrist who had known you for several years.

Enclose the psychiatrist report, with your letter. You need to send this all in within 1 mth of the decision date. You can also include statements from people who know you and can confirm the difficulties you have with completing PIP activities. Keep copies and perhaps send recorded delivery if you wish.

Hopefully that will be sufficient. If not you can appeal to the tribunal. Most tribunal appeals are successful, so this is a really good reason to continue.
Receiving a downgraded decision is very disheartening, either because you feel that you were not listened to, you do have genuine disabilities, or perhaps because getting the PIP award in the first place was so difficult. Maybe all 3 reasons apply! However, once you have got over the initial rant, now focus all that energy into succeeding at MR or appeal. Clearly you are disabled, your previous PIP award proves that, so by doing nothing you let the poor decision makers at DWP win the day This is not right! Go and tell them why! Just don't give up !
Good luck. Let us know how you get on.
LL26

Hi Natalie

By the sounds of it, the letter from your psychiatrist sounds very good.

When you get your assessment report, go through it carefully.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide, half way down the page for details of the process, the PIP area also has template letters that you can use to make the request with.

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

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary