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PIP MR
- Lisa210
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2 years 9 months ago #269231 by Lisa210
PIP MR was created by Lisa210
Hi All,
I'm new to the forum, I was recently diagnosed with multiple sclerosis's and put in a PIP application.
I was assessed and got 8 points for Daily living and awarded standard rate and 4 points for mobility so didn't qualify for anything under mobility.
I've requested the PA4 form and looking over the assessment I feel I should of been awarded enhanced for both. Under washing and bathing I was awarded 2 points. In the report the assessor advised that whilst assistance to wash was considered it was discounted as I am able to use my computer, a mobile phone (call was on loud speaker and I recorded the assessment for future reference) and able to get out of the car without assistance. So on this basis indicates I have grip and movement. These points have been used to mark me down on a number of activities.
I work full time as a Assistant project manager and predominantly work from home due to changes in office working since lockdown and my diagnosis . I advised the assessor of this when being assessed. However my workplace have made major adjustments to my work role and how my work is carried out and delivered. Due to suffering from fatigue most days I don't work the conventional 9-5. Yes I do use the computer for work but I don't know how that can quantify I don't have problems with grip and movement. At no point in the assessment did I advise I can get in and out the car without assistance.
The assessor asked me if I drive I advised her I don't go out much and if I do its with someone. I have a licence but I don't drive anymore due to my MS symptoms being very active and constant for the last year
I'm new to the forum, I was recently diagnosed with multiple sclerosis's and put in a PIP application.
I was assessed and got 8 points for Daily living and awarded standard rate and 4 points for mobility so didn't qualify for anything under mobility.
I've requested the PA4 form and looking over the assessment I feel I should of been awarded enhanced for both. Under washing and bathing I was awarded 2 points. In the report the assessor advised that whilst assistance to wash was considered it was discounted as I am able to use my computer, a mobile phone (call was on loud speaker and I recorded the assessment for future reference) and able to get out of the car without assistance. So on this basis indicates I have grip and movement. These points have been used to mark me down on a number of activities.
I work full time as a Assistant project manager and predominantly work from home due to changes in office working since lockdown and my diagnosis . I advised the assessor of this when being assessed. However my workplace have made major adjustments to my work role and how my work is carried out and delivered. Due to suffering from fatigue most days I don't work the conventional 9-5. Yes I do use the computer for work but I don't know how that can quantify I don't have problems with grip and movement. At no point in the assessment did I advise I can get in and out the car without assistance.
The assessor asked me if I drive I advised her I don't go out much and if I do its with someone. I have a licence but I don't drive anymore due to my MS symptoms being very active and constant for the last year
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- LL26
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2 years 9 months ago #269248 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP MR
Hi Shelisa,
Welcome to B&W!
Firstly, well done on achieving an award of PIP, this is not easy! However, I realise that you are disappointed not to be awarded the full amount of points that you feel you should have been awarded.
You may wish to instigate an appeal. It is possible (but very rarely happens) that DWP might reopen the whole award if you do proceed to appeal.
The first stage of the process is to write into DWP, heading your letter 'Mandatory Reconsideration'. You normally have 1 month from the date on the decision letter. However, if you have received the PA4 and not yet received the actual decision, there is a small window of opportunity to phone DWP now and state what was wrong with the assessment. If the decision hasn't been made, you might persuade the decision maker to give you more points. If you phone, you may wish to confirm what you have said in a letter, but if you do write in, make it clear that you are disagreeing with the assessment report, and reserve the right later to make an MR request if need be.
DWP often come up with weird analogies/assumptions. They often assume you can drive a car so you peel a carrot and do everything else. These assumptions don't usually stand up to scrutiny, and hence you can rightfully explain why the analogy is wrong, and why contrary to DWP's opinions it is impossible for you to do the relevant tasks. Explain how you do manage to complete the PIP tasks.
I don't know if you have read our members guides, but if not, then please have a look. There is lots of information about all stages of claiming PIP.
If you are too late to complain about the assessment report because the decision has already been made. You can complain about the assessment in your MR letter.
Go through the report, rather than nit pick everything, se if you can group the errors etc into maybe 4 or 5 categories. Use bullets points.
You could say eg
the assessment is incorrect because
- cut and paste comments were used throughout
- the assessor failed to let me answer the questions
- the assessor had no obvious understanding of the severity of my mental health problems
etc etc
then provide an example of each problem.
You may also wish to have an opening paragraph or two explaining when you became ill, what happened, general problems that you have as a result.
You can then go through each descriptor and say what you should have received and why. (The members guides are useful for this!)
Remember that the law is clear - if 2 or more descriptors in any section apply equally for over 50% of days then the highest value one should be used. (regulation 7 PIP Regs 2013)
Make sure you keep a copy of the letter , and mark each page clearly with name/NI Number.
If you have more medical reports send them in, or alternatively send in the previous ones again, and refer to them saying you have resent them because they were clearly ignored previously. You may also wish to quote from them.
The members guides can be found here.
www.benefitsandwork.co.uk/guides-for-claimants/pip
I hope this helps.
LL26
Welcome to B&W!
Firstly, well done on achieving an award of PIP, this is not easy! However, I realise that you are disappointed not to be awarded the full amount of points that you feel you should have been awarded.
You may wish to instigate an appeal. It is possible (but very rarely happens) that DWP might reopen the whole award if you do proceed to appeal.
The first stage of the process is to write into DWP, heading your letter 'Mandatory Reconsideration'. You normally have 1 month from the date on the decision letter. However, if you have received the PA4 and not yet received the actual decision, there is a small window of opportunity to phone DWP now and state what was wrong with the assessment. If the decision hasn't been made, you might persuade the decision maker to give you more points. If you phone, you may wish to confirm what you have said in a letter, but if you do write in, make it clear that you are disagreeing with the assessment report, and reserve the right later to make an MR request if need be.
DWP often come up with weird analogies/assumptions. They often assume you can drive a car so you peel a carrot and do everything else. These assumptions don't usually stand up to scrutiny, and hence you can rightfully explain why the analogy is wrong, and why contrary to DWP's opinions it is impossible for you to do the relevant tasks. Explain how you do manage to complete the PIP tasks.
I don't know if you have read our members guides, but if not, then please have a look. There is lots of information about all stages of claiming PIP.
If you are too late to complain about the assessment report because the decision has already been made. You can complain about the assessment in your MR letter.
Go through the report, rather than nit pick everything, se if you can group the errors etc into maybe 4 or 5 categories. Use bullets points.
You could say eg
the assessment is incorrect because
- cut and paste comments were used throughout
- the assessor failed to let me answer the questions
- the assessor had no obvious understanding of the severity of my mental health problems
etc etc
then provide an example of each problem.
You may also wish to have an opening paragraph or two explaining when you became ill, what happened, general problems that you have as a result.
You can then go through each descriptor and say what you should have received and why. (The members guides are useful for this!)
Remember that the law is clear - if 2 or more descriptors in any section apply equally for over 50% of days then the highest value one should be used. (regulation 7 PIP Regs 2013)
Make sure you keep a copy of the letter , and mark each page clearly with name/NI Number.
If you have more medical reports send them in, or alternatively send in the previous ones again, and refer to them saying you have resent them because they were clearly ignored previously. You may also wish to quote from them.
The members guides can be found here.
www.benefitsandwork.co.uk/guides-for-claimants/pip
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lisa210
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2 years 9 months ago #269287 by Lisa210
Replied by Lisa210 on topic PIP MR
Thank you currently working through all the points and will submit my MR shortly wish me luck
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- Gary
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2 years 9 months ago #269314 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP MR
Hi Lisa210
Fingers crossed, hope you get the outcome you want, remember you need to fit the criteria for each descriptor.
Follow LL26 sound advice.
Good luck.
Gary
Fingers crossed, hope you get the outcome you want, remember you need to fit the criteria for each descriptor.
Follow LL26 sound advice.
Good luck.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lisa210
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1 year 11 months ago #276689 by Lisa210
Replied by Lisa210 on topic PIP MR
Hi Guys,
Just a quick update had my appeal last week via video link and won. I got Enhanced for both daily living and mobility.
Hearing was about 30 mins I was asked a few questions regarding how my MS impacts me. DWP rep was also in attendance joined about 5 minutes late.
Followed your templates etc when setting out my appeal thank you it was a great help and the judge commented that i had supplied a clear and concise document with all relevant proof
Thank you for your help
Just a quick update had my appeal last week via video link and won. I got Enhanced for both daily living and mobility.
Hearing was about 30 mins I was asked a few questions regarding how my MS impacts me. DWP rep was also in attendance joined about 5 minutes late.
Followed your templates etc when setting out my appeal thank you it was a great help and the judge commented that i had supplied a clear and concise document with all relevant proof
Thank you for your help
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- Gary
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1 year 11 months ago #276695 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP MR
Hi Lisa210
That really is terrific news, congratulations and well done. You can now have a well deserved rest with no stress.
I am tagging my reply so that the back office also get to read your encouraging post.
Gary
Tags: @RESULT @PIP @ APPEAL
That really is terrific news, congratulations and well done. You can now have a well deserved rest with no stress.
I am tagging my reply so that the back office also get to read your encouraging post.
Gary
Tags: @RESULT @PIP @ APPEAL
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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