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TOPIC: DLA to PIP, Mandatory Reconsideration rejected

DLA to PIP, Mandatory Reconsideration rejected 4 weeks 1 day ago #197685

So gone from having an indefinite award of enhanced rate for both mobility and care to PIP standard rate for both components. Had a face to face home assessment.... then rejoined this site for help compiling mandatory reconsideration letter. Doing MR letter nearly wiped me out. Monday I got the brown envelope, mandatory reconsideration rejected. I haven't even managed to read it properly yet, just put it down and cried. I have suffered from multiple sclerosis for last 10 years or so and since doing my first DLA application approx 5 years ago, I have only deteriorated further with chronic fatigue and new lesions/ scarring on my brain and have had to give up employment. Pretty much house bound most days now struggling to do the absolute basics. Maybe manage to cook a meal once every 3-4 weeks with help., then have payback and am pretty much cabbaged for next day or two. Having had to give up a career I loved and going from full time employment to three days, then two days a week and then after a year being unable to work, even tried two half days a week which I struggled to manage. So going from full time employment and a very active life style ( running half marathons, kick boxing, judo, serving as a gunner in the Royal Artillery, albeit TA, voluntary work with elderly people, backpacking solo to various countries) to now struggling to do the absolute basics and finding myself too exhausted to even feed myself on days or crawl up the stairs, unsurprisingly I am now officially clinically depressed. My cognitive skills have deteriorated significantly over the last two years, often can't remember things, have got lost in familiar places and occasionally have even forgotten my way home! I'm only 42 by the way! HP wrote I have no cognitive issues as I conversed well and maintained good eye contact! Also she stated I have no mental health issues ( I have ping pinged from regular fortnightly appointments with neuropsychologists to liaison psychiatry to occupational health). Despite sending in copies of letters from various specialists I have seen, clearly stating that I am encountering great cognitive difficulty and suffering from chronic fatigue and copies of fortnightly appointment letters 'Proving' I am being seen by these teams they totally disregarded specialist opinions and stuck with the HP's opinion. Included was a copy of a letter clearly stating I had overdosed last year and been in hospital and subsequently liaison psychiatry got involved. i can't really see any way forward. I am so angry that I have been made to go through all this, having to repeatedly 'prove' how unable I am to undertake the most basic of activities/ chores and just how much I am struggling. MS nurse did a home visit last week and was shocked I'd gone from enhanced to standard (had not yet received decision to MR then). She was confident my rate would be reinstated after she read my MR letter filled in with the help of guides from this site. Both MS nurse and adult social worker whose been out to see me think I need to get a PA asap to help me get out more and regain my confidence. have totally lost my trail of thought now- brain fog coupled with fatigue. The point of my post was something along the lines that I don't think I can handle all the work involved in appealing, only to be faced with rejection Reading the letter alone and trying to digest information alone is whacking me out. Have looked at the appeals guide on members area, just seems so over whelming having to try and get medical evidence, contact DWP for assessor report etc, not sure I can manage it all. Every little thing is so energy consuming :/

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DLA to PIP, Mandatory Reconsideration rejected 4 weeks 1 day ago #197706

  • Gordon
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I won't hide the fact that appealing can be a lot of work and can be very stressful, but it is the only way forward unless you are prepared to accept the current award.

The success rate at appeal is significantly higher than that at MR and is over 60%.

Your posts suggests that this was a transfer from DLA although you use PIP terms to describe it. If it was then you should not measure your PIP award by what you had for DLA, for example DLA HRC is awarded for fundamentally different reasons than PIP Daily Living and the criteria for a DLA HRM award are equivalent to a PIP Standard award.

So if you do take the matter further then do it because you believe that you meet the criteria for the 12 points needed for an Enhanced awards of PIP.

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

If you have further questions then please reply to this post and we will do our best to help.

Gordon
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DLA to PIP, Mandatory Reconsideration rejected 4 weeks 19 hours ago #197777

Thank you Gordon :)

Yes I forgot to mention it was a DLA to PIP transfer assessment. I scored 10 points for moving around, but 0 for planning and following a journey-despite detailed info submitted (with the help of guides here), at the minimum I believe I should have scored 4 points, if not 8.
For Daily Living I scored total 8 points, (preparing food 2 points, I beleive I should have scored 8 in this section alone, as I've had no option but have most meals prepared for me over last two years).
Well today I rang DWP and requested copies of all evidence used by decision maker. As stated in guides, need to follow up with letter, which I have just sat down to do. I intend to just use the template from this site. The other thing I mentioned to them today was the fact that their MR decision letter is dated 12th September, however I only received Monday 18th September, so have already lost nearly a week in preparing for appeal, plus they wont send out requested evidence until they receive my letter.....that's another week at least til I receive the info :/ I have decided today I WILL appeal, even if it kills me, as its grossly unfair and I meet so many more of the criteria where I scored 0 points. Interestingly enough, they have written
"You can still choose to send further medical evidence in at a later date and we will look at this as supportive evidence"
The lady on the phone said, that was highly unusual, as next step is appeal. She then went and looked and said "Oh yes they have written that". Not quite sure what to think of that?

Hopefully I'l be able to copy and paste the template letter, as already whacked writing this :o

many thanks once again

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DLA to PIP, Mandatory Reconsideration rejected 4 weeks 18 hours ago #197790

  • Gordon
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If you appeal then the DWP's submission will contain all of the documents used in the making of the Decision.

We've seen several strange comments from the DWP about continuing to submit evidence after the MR has completed, I think that it is due to poor training of the call centre staff.

Gordon
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