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PIP Mandatory reconsideration advice.

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4 years 5 months ago #252857 by Mathew
Hi we have recently helped my Brother write his PIP form, and he has received his decision. They have awarded him Standard rate daily living but no mobility after a telephone assessment.
Just to give some background he is 55 years old and has Facioscapulohumeral Muscular Dystrophy which is a progressive muscle wasting disease and severe anxiety. He lives independently in a 1st floor flat in social housing, which he is desperate to move from as he can no longer confidently manage the stairs and they have no lift. He is struggling to move as he is not very computer literate and does not understand the home swap software, the council also have not moved his priority status despite intervention from an OT.
I have looked over the dwp letter and the decision makers report they have completely ignored all of the medical evidence in relation to his Muscular Dystrropy and Anxiety, Consultant letter, OT'S report and Physio report. All of which back up the written submissions on his original PIP form. He said that on the Telephone Assessment he felt pressured to admit to having a hobby and mentioned that he has a motorbike that he sometimes rides.They have based the entire decision of the claim on this.This Motorbike was bought in 2018 he has it ridden 3 times, it has 52 miles on the clock, which is documented in the service history. I also feel his housing situation counted against him.
Sorry for the long post but any advice on how much info to include in a Mandatory reconsideration would be helpful, for example would a copy of the mileage in the motorbike service history count as additional evidence? How much detail regards going shopping ie the necessity as living on own and poor IT/Technology skills mean home shopping difficult.
Many Thanks.

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4 years 5 months ago #252862 by BIS
Replied by BIS on topic PIP Mandatory reconsideration advice.
Hi Matthew

It seems a common practice for the assessors now to pressurise people into talking about hobbies and then making assumptions about them. I'm sorry this has happened to your brother. Have you got the assessors report or just the decision maker's letter about his award? I'm not entirely sure. If you haven't got the assessor's report then you need it, before you put in for the MR.

You want to argue the specific points that will earn your brother higher points. Yes, you should include as much evidence as you can, but make sure that you are speaking to the specific PIP questions and criteria. If it wasn't already clear on your brother's form, you need to reiterate the limitations in his mobility (which sound severe - and yes I would send a photocopy of the log book as evidence he is not mobile on a motorbike). You also need to emphasise his mental health and the impact on his mobility and make sure you reference the information you sent in.

eg" My brother X - suffers from severe Anxiety as noted in Dr. Y's letter (dated 10 Oct 2019) and coupled with his Muscular Dystroophy - Dr P's letter (dated 13 July 2018) - his ability for movement in and out of the home is severely limited. The evidence we have provided has been ignored by the assessor. (Then add a couple of examples).... sighting the specific pip criteria that he is unable to fulfill.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 5 months ago #252865 by Mathew
Replied by Mathew on topic PIP Mandatory reconsideration advice.
unfortunately I only have the decision makers findings in the award letter, I really wish we had the assessors letter too, but the problem is he received the the letter on the 13th of October, which because he rarely goes out owing to the stairs it sat in his downstairs mailbox for over a week, so I'm worried that if we wait until we have the assessors report we will be out of the 1 month time limit for the mandatory reconsideration.
The advice re content of the reconsideration is outstanding thanks. Can not believe how devious they have become regarding evidence, his OT report states that he came across so anxious on his initial call that they could not actually work out what he was asking for help for, yet the assessor says she found him not to be anxious, which is hilarious as if you were to meet him face to face or via telephone its immediately obvious, as his speech patterns are highly repetitive fast and can seem aggressive with poor concentration and poor contextual recall. He even said himself that the assessor cut him off very abruptly, which I suspect was because of his inability to understand the question sufficiently to get to the point or explain himself, apparently the whole call took close to 2 hours, which I feel was more than he was capable of dealing with mentally as all this happened approximately a week after our Mothers funeral.

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4 years 5 months ago #252873 by Gordon
Replied by Gordon on topic PIP Mandatory reconsideration advice.
Mathew

If necessary he can make a Late request for an MR citing any delay in receiving a copy of the assessment report as Good Cause for the late request.

Gordon

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