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PIP mandatory reconsideration for a teen
- PJ
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6 days 22 hours ago #302832 by PJ
PIP mandatory reconsideration for a teen was created by PJ
Good afternoon,
My child has recently been moved from DLA to PIP. They were rewarded the enhanced rate for daily living (17 points) but having just done the self-assessment on this site, it should have been 38. They were also rewarded 10 points on mobility where it should have been at least 12. For a bit of background we are dealing with autism, ADHD, and learning difficulties.
Reading the DWP's reasons behind their decision, some of the information provided by me as the parent was completely twisted (I totally feel gaslighted) and so I am preparing paperwork for the mandatory reconsideration.
I have 2 questions please:
1. Would you challenge the daily living points received if you know they should have been higher but where it currently stands, it still results in the enhanced rate?
2. Does the second part of the mobility segment only refer to the physical mobility needs, with the first being more about the mental/emotional state of the claimant which then affects their mobility, safety in public, etc. etc.? Am I understanding it correctly? Our motability car has been our life line, literally. We cannot leave the house without it to even go get bread or go to the doctors due the severity of my child's needs and challenging behaviours in public. They are physically able to walk but it's the psychological aspect of things we struggle with. If our motability car gets taken away, that's the end of it. And I'm dreading it.
Any advice on how to approach the mandatory reconsideration (and the CRMR1A form??) would be much appreciated.
Thank you
PS: If anyone has dealt with something similar, I would be grateful for your input. Thank you in advance.
My child has recently been moved from DLA to PIP. They were rewarded the enhanced rate for daily living (17 points) but having just done the self-assessment on this site, it should have been 38. They were also rewarded 10 points on mobility where it should have been at least 12. For a bit of background we are dealing with autism, ADHD, and learning difficulties.
Reading the DWP's reasons behind their decision, some of the information provided by me as the parent was completely twisted (I totally feel gaslighted) and so I am preparing paperwork for the mandatory reconsideration.
I have 2 questions please:
1. Would you challenge the daily living points received if you know they should have been higher but where it currently stands, it still results in the enhanced rate?
2. Does the second part of the mobility segment only refer to the physical mobility needs, with the first being more about the mental/emotional state of the claimant which then affects their mobility, safety in public, etc. etc.? Am I understanding it correctly? Our motability car has been our life line, literally. We cannot leave the house without it to even go get bread or go to the doctors due the severity of my child's needs and challenging behaviours in public. They are physically able to walk but it's the psychological aspect of things we struggle with. If our motability car gets taken away, that's the end of it. And I'm dreading it.
Any advice on how to approach the mandatory reconsideration (and the CRMR1A form??) would be much appreciated.
Thank you
PS: If anyone has dealt with something similar, I would be grateful for your input. Thank you in advance.
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- BIS
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5 days 20 hours ago #302863 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP mandatory reconsideration for a teen
Hi PJ
I'm not sure from your post whether you have received the decision letter or whether you also have a PA4 (This is the assessor's report). If they made a paper-based decision, then there won't be a PA4 and the only information you have is from the decision letter. If they spoke to you or your son then there should be a PA4 which should give you more details about how they reached their decision.
A few things you need to keep in mind.
1. PIP is more difficult to claim than DLA, and many claimants have scored less than they thought when they moved from DLA to PIP.
2. Many claimants find that their assessment score does not match their self-assessment score.
3. Assessors routinely ignore evidence sent in.
4. Assessors are trained on the PIP process, but it's still possible for them not to have knowledge or experience of specific disabilities. Many of our members who support family members with conditions such as your son or those that have the conditions themselves frequently find that the assessors do not understand their difficulties and the impact.
5. The assessor is only giving an 'opinion' and it's easy to feel like it's a personal attack - but try to remember they don't know you or your son and your role now is to show that they were 'mistaken' and 'misunderstand' the challenges he faces daily.
6. We can't tell you whether or not you should challenge the Daily Living score. That is a decision you will have to make for yourself. When you put in for an MR you can ask them to look at one part only eg the mobility or you can query all of it. Remember there is always a small risk that they could look at the Daily Living and score it differently. You may want to argue that although you are satisfied with the enhanced award you think the assessor has underplayed or misunderstood or ignored some of the information that you sent in - and you could give examples of that.
7. As far as the mobility is concerned, your reading of it is correct. Part one is not about the physical art of walking - that comes in part two. So it sounds as if your son would score on the first part only. If he never leaves the house alone then you can argue for 12 points. Recently, the assessors have been giving out a lot of 10 points. You know your son's difficulties - make sure you described the difficulties from the first thought of him having to leave the house and how difficult that is, what he experiences, any physical changes and the psychological changes - eg fear, anger etc. You may have already done this, but you will have to fight hard for this.
You need to know that winning a Mandatory Reconsideration is not easy - only 27% currently win. Have a look at the guide to Appeals and see what it says. I only give you those figures because that's reality. You are fighting to maintain your car - so you are going to have a big fight on your hands. Best of luck. Come back and ask if you have any further questions.
BIS
I'm not sure from your post whether you have received the decision letter or whether you also have a PA4 (This is the assessor's report). If they made a paper-based decision, then there won't be a PA4 and the only information you have is from the decision letter. If they spoke to you or your son then there should be a PA4 which should give you more details about how they reached their decision.
A few things you need to keep in mind.
1. PIP is more difficult to claim than DLA, and many claimants have scored less than they thought when they moved from DLA to PIP.
2. Many claimants find that their assessment score does not match their self-assessment score.
3. Assessors routinely ignore evidence sent in.
4. Assessors are trained on the PIP process, but it's still possible for them not to have knowledge or experience of specific disabilities. Many of our members who support family members with conditions such as your son or those that have the conditions themselves frequently find that the assessors do not understand their difficulties and the impact.
5. The assessor is only giving an 'opinion' and it's easy to feel like it's a personal attack - but try to remember they don't know you or your son and your role now is to show that they were 'mistaken' and 'misunderstand' the challenges he faces daily.
6. We can't tell you whether or not you should challenge the Daily Living score. That is a decision you will have to make for yourself. When you put in for an MR you can ask them to look at one part only eg the mobility or you can query all of it. Remember there is always a small risk that they could look at the Daily Living and score it differently. You may want to argue that although you are satisfied with the enhanced award you think the assessor has underplayed or misunderstood or ignored some of the information that you sent in - and you could give examples of that.
7. As far as the mobility is concerned, your reading of it is correct. Part one is not about the physical art of walking - that comes in part two. So it sounds as if your son would score on the first part only. If he never leaves the house alone then you can argue for 12 points. Recently, the assessors have been giving out a lot of 10 points. You know your son's difficulties - make sure you described the difficulties from the first thought of him having to leave the house and how difficult that is, what he experiences, any physical changes and the psychological changes - eg fear, anger etc. You may have already done this, but you will have to fight hard for this.
You need to know that winning a Mandatory Reconsideration is not easy - only 27% currently win. Have a look at the guide to Appeals and see what it says. I only give you those figures because that's reality. You are fighting to maintain your car - so you are going to have a big fight on your hands. Best of luck. Come back and ask if you have any further questions.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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