Appealing PIP after Mandatory Reconsideration

Hi,

I'm the carer of a man who was turned down for PIP in March, after having been awarded 2 points for the care component and 4 for mobility. He has epilepsy and various mental health conditions, requiring support and supervision across almost all the task activities which comprise PIP. We challenged the decision with a detailed package of medical and other evidence for a mandatory reconsideration, using the guides from this website. The DWP awarded 11 points for the care component and 12 for mobility. A huge improvement! But it seems to have been a strategic decision on their part to award one point short of the 12 required to qualify for the enhanced rate in the care component.

The decision maker has judged that this man gets sufficient warning of impending epileptic episodes to move to a place of safety, in spite of evidence from his GP and other care professionals to the contrary. This judgement has resulted in no points being awarded for the need for supervision in task areas such as using the toilet, where his safety is, in fact, compromised by falls from unpredictable seizures.

We have been advised by a Welfare Rights worker that we have had a "very good result" from the mandatory reconsideration, and that, to take the case to appeal for the sake of one extra point could jeopardise the points he has already been awarded and send him below the threshold for PIP.

Do you know of any claimants who have been successful at appeal when the boundary between standard and enhanced rate is so marginal? Would you agree with the Welfare Rights worker that, having achieved an increase in points from 6 to 23, the claimant really could lose enough points to find himself without PIP?

Your advice would be gratefully appreciated.

Thanks for your comments, Gordon.

On reviewing the medical evidence we submitted regarding his epilepsy, the various care professionals are clear that he does not always get a warning of his seizures and therefore needs supervision to ensure his safety. Consequently, we believe that he probably should appeal the mandatory reconsideration. In awarding 0 points for the task activity "managing toilet needs" the decision maker states that "the safety risk due to grand mal seizures is low considering prior warning". This represents something of an inconsistency, as she's accepted the need for supervision during washing and bathing for which she awarded 2 points! Who can fathom the workings of a DWP decision maker's mind?

Can I just check that I've understood correctly what you wrote about the appeal panel judge issuing a warning to a claimant to withdraw their appeal in the event that the panel decides the evidence provided does not justify the current PIP award? Are you saying that an appeal panel cannot remove an existing award if a claimant withdraws the appeal? Is such a warning from the judge likely to be issued only on the day of the appeal?

Thank you again for your assistance.

Peter

P.S. benefitsandwaork.co.uk was mentioned in very complimentary terms on LBC radio about an hour ago!

Hi Peter,
this situation is very similar to my own,and also for epilepsy.
I received 6 points for daily living and 12 for mobility.I asked for a MR and received the same award of 6 and 12 points.I Appealed the decision and the Appeal Service wrote to the DWP and asked for a response.Their response was to send the evidence for a third review.The third review was totally different to the first 2 awards.They viewed the claim and awarded 4 points for daily living and 0 points for mobility,stopping all payments during the appeal stage and now seeking the over payments from the beginning of the first award.I didn't think that this was possible during an appeal,but looks like it is.