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Help and advice with PIP mandatory reconsideration

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5 years 7 months ago #217608 by Sdoxuk
Hello

I am seeking some guidance with regards to getting a MR. I have read through the member guides and realise I have a month to make to request in writing and phone call.

To provide some bacakground I have struggled with depression, anxiety and was also diagnosed with borderline personality disorder (emotionally unstable mood disorder) I struggle most of the days to get tasks completed and rarely leave the house/ socialise due to all of this.
I was receiving DLA for around 10 years and was getting high rate in care and low for mobility. I’ve struggled with mental health issues for over 15 years now.

I used the guides provided to fill out my PIP form and provided medical evidence to support my claim. However due to resources the AMHT do not keep you on their books for long and expect you see your GP to meet your care needs. Because I struggle to get out of the house I often talk myself out of getting appointments further neglecting myself.

I received the result for PIP and was awarded 11 points for first part and 10 for mobility giving me standard rate for both. I don’t agree and feel I should have been received enhanced for at least one if not both. The award is for till July 2021. When it came to DLA I’d receive the award for around 5 years and whilst I understand they are different benefits I thought given the long term nature of my difficulties the award would be longer? As a newbie to PIP I’m still trying to understand the differences and why award lengths are what they are. I don’t know if it’s relevant but I’m on ESA support group too.

I explained that I struggle badly to prepare meals. That I rely on others to get the food shopping done and don’t cook meals unless someone can help me throughout the process. I received 2 out of 8 points.
I also feel that mixing with people is a huge issue for me, yet again I only received 2 out of the 8 points. I can’t get anyone to help advise me locally because there are no available appointments till October which means I need to do the MR pretty much myself which is making me feel sick with anxiety as I don’t know what to do and don’t want to mess this up.

For mobility I was awarded 10 points but again I thought I’d receive 12 because I don’t even make familiar journeys unless someone can accompany. Please pardon me as I’m struggling to understand the criteria of what’s what.

I need to get my head around sorting out the MR and I’m feeling very overwhelmed and confused. I do want to have the decision looked at again but do I need to challenge the report? I have received the report but struggling to open it and look at it.

When requesting the MR can I just ask them to look at the decision again because I don’t agree? OR do I need to draw their attention to specific issues where I feel their points don’t fully match up to difficulties and the severities in specific areas? Should I put this in writing?

I was told if you can speak, read and write you generally will get 0 points for communicating and reading (unless you have learning difficulties) obviously taking in and remembering information is an issue for me.

Is it worth me challenging some of the points awarded at this stage or is it best to do this once I have a decision from the MR and then appeal challenging specific areas? I’m hoping that by that time I will be able to get some help to put in appeal with a welfare agency.

Apologies for rambling on but as I have no one to help me I don’t really know what to do with regards to this and the deadline to challenge their initial decision is fast approaching.

SD

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5 years 7 months ago #217612 by Gordon
SD

If you are to pursue an MR then you really need to understand the criteria that you will need to meet in order to score higher, for example; the Preparing Food activity does not consider the problems the claimant has with sourcing the ingredients for a meal, it is only concerned with its preparation and cooking.

Although you only need one point for an Enhanced Daily Living award, there is only one way for you to score this and you do not appear to meet the criteria so in reality, you will need to score two or more points which means scoring higher in one of the activities you did score for or scoring in one that you did not.

For Mobility, did you score for being unable to undertake a journey? If you did then you may struggle to score for being unable to follow the route of a familiar journey, the two are considered to be mutually exclusive.

If you do request an MR then you really need to explain why you should score higher, Decision Makers lack imagination and rely heavily on the assessment report, they are very unlikely to revise the Decision without you explaining why they should.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sdoxuk

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5 years 7 months ago #217615 by Sdoxuk
This is exactly what I’m struggling with, I used the guides to fill in the forms but I’m finding it hard to understand why I only received 2 points as I need more than prompting to prepare a simple meal, and can’t cook most days due to feeling overwhelmed... help!

Also mixing with people is a huge issue... so I’m not sure how I was only awarded 2 points out of the 8. I feel uncomfortable disclosing exact details of what I wrote using the guides but will do if required to see if I have a point to argue which what’s been awarded

Can I get more information about the criteria for scores and also do I need to challenge these points specifically? Thank you

For mobility:

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5 years 7 months ago #217616 by Sdoxuk
Looking at this:

1. Preparing food.
a. Can prepare and cook a simple meal unaided. 0 points.
b. Needs to use an aid or appliance to be able to either prepare or cook a simple meal. 2 points.
c. Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave. points. 2 points
d. Needs prompting to be able to either prepare or cook a simple meal. 2 points.
e. Needs supervision or assistance to either prepare or cook a simple meal. 4 points.
f. Cannot prepare and cook food. 8 points.


Most days I’m too distressed to cook even someone was there, so it would be a snack such as toast. To cook meals I need my boyfriend to help me and if no one is around.
I wouldn’t say I can complete the task reliably and on most days, hence my confusion.

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5 years 7 months ago #217621 by Gordon
SD

So for Preparing food, you have two options to score higher.

I'll deal with (f) first, to meet this you will need to show a complete inability to prepare and cook a meal reliably, on the majority of days, this is aimed at claimants with significant levels of disability, you say you can cook albeit only when your boyfriend helps, so you would be very unlikely to meet this Descriptor.

This leave (e). Have you explained the assistance you would need, can you show that the help could not be provided by a suitable aid? In what way is the assistance different from prompting?

Assistance is defined as "physical intervention by another person and does not include speech", you don't mention any physical problems with this activity you describe your problems as being to0 distressed to cook!

For Engaging with People Face to Face, to score higher you will need to show a requirement for Social Support or that mixing with other causes overwhelming psychological distress or poses a substantial risk of harm, with regard the latter you do not indicate that your problems are this severe.

You don't need to explain your problems in this area. :)

Social Support is defined as "support from a person trained or experienced in assisting people to engage in social situations", you don't mention needing this is your post. Did you attend an assessment and did you have someone with you during the interview?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sdoxuk

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5 years 7 months ago #217636 by Sdoxuk
Hello Gordon,

Thank you for providing the additional information.

To address the part about cooking:
I don’t need aids while cooking on the rare occasion I do, but I need someone to help me prepare ingredients, assist with timings, check that I’ve switched off the gas hob after as I’ve forgotten to turn off the controls. The individual helping also has to step in and finish the task because of getting very overwhelmed midway due to ruminating thoughts. I can’t cook on most days cooking meals as it’s a struggle to get out of bed let alone follow a simple recipe or prepare ingredients. Because preparing meals is a real issue and I often skip or go for easiest option such as a sandwich. So the assistance would need someone physically helping throughout the process so I don’t throw in the towel midway, which I have done and someone has to take over.

To address the mixing with people:
I struggle badly with social anxiety and stated I avoided contact with people. I experience paranoid thoughts, anxiety and panic attacks at the thought. I went to the f2f with a mind volunteer as I had no one else available. I have no family and no friends nearby. I wouldn’t have been able to attend the assessment on my own. Also I don’t know if it’s relevant but based on the information provided I was offered a home assessment but I was unable to make that date due to a clash with therapy amongst other things. So I rang them and agreed to have an earlier appointment at the centre instead as waiting for the home assessment was going to be much later in the month and basically I couldn’t cope with the stress and pressure of the entire situation giving me sleepless nights, nausea and my depression getting worse because of all the form filling, waiting etc.
I guess I find it hard to explain just how overwhelmed I can get. I even panic at the thought of having to answer the door to the postman for a parcel.

Do I need to address these issues particularly when I ask for a MR? What sort of information would count as additional evidence because I used the guides to provide as much detail as I could and have all the medical letters I have that document the difficulties.

Thank you in advance I appreciate the help

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