Renewal of pip refused .. zero points

Hi Tina C

The best way to ask for a Mandatory Reconsideration is to write to the DWP at the address on your decision letter. You can use the Mandatory Reconsideration request form or write your request in a letter. You can also ask for a Mandatory Reconsideration over the phone.

You should have some assessors comments on your decision letter even if it’s just a brief outline.
As to how you argue your case, hope this link helps
www.benefitsandwork.co.uk/personal-indep...yment-pip/pip-claims

I know nothing about your disability but my personal experience is that mentioning that you have to use physical aids is what gets you the points along with needing a partner’s help to dress/undress etc.

I hope this helps and wish you luck

Regards
Pete

Hi Tina C,
Yes, you need to phone DWP and request the PA4 form , which is the assessment report. Don't be fobbed off, some advisors are reluctant to send this - if so hang up and try again!
You have a month to send in your MR request, so time is of the essence. However, you can send in the MR request late, if you have a good reason. Wanting to inspect the assessment report would be a good reason that you could argue.
I suspect that there are a number of issues that you will be concerned about from the assessment. Aside from any rudeness or hostility, claimants often complain that answers have been incorrectly recorded (you don't do something when you do or vice versa), on occasions things are completely made up. (Yes sadly it does happen - one client of mine allegedly walked to to see his Mum, - sadly she had died 20 years before. Another client allegedly kept ferrets! - my personal view is that these sort of comments may have been from a previous client and maybe the computer isn't properly cleared- who knows!!!)
On other occasions there is just too much cut and paste - often 'she can drive...so she cut vegetables...she can dress herself...she can get in the bath'.
Other times there is just a misunderstanding right from the start - often when the assessor really has no clue about the true nature of the claimant's actual health condition and its effects. This might be reflected by 'only takes first line antidepressants', 'no specialist involvement'. (And the reason is - 'can't tolerate other medicines' 'Local Mental Health Authority is in special measures and there are no specialists appointments anyway.')
The above then lead to assumptions that wrongly suggest you can do the various activities.
These sorts of things crop up all the time. Have a look at the report when it arrives. Try and group the criticisms into 4 or 5 areas, and when you write your letter, use bullet points to describe these major criticisms using maybe the worst example of each to illustrate.
I normally start a MR letter with a paragraph or two about your health background, diagnosis, when the problems first started, treatments et, and an overview of the difficulties you have. Then do you brief criticism of the report. Then go through each descriptor in turn and say what points should have been awarded and why.
so eg Preparing Food
DWP has awarded zero points for this activity. DWP has ignored the evidence from my consultant that states I only have 30% of grip in my right hand and 25% in my left hand. (I am left handed.)
I need supervision to prepare food. I can not prepare a meal safely or to an acceptable standard without the assistance/supervision from my partner. I am unable to hold a knife due to the arthritis in my hands, when I try to do this, the knife easily slips. Last week the knife fell and pierced the lino flooring. Three weeks ago I cut my finger and needed 3 stitches in the wound. My pain relief medicines make me very forgetful. Contrary to what DWP alleges, I take the highest dose possible of XYZ pills. Previously, on several occasions, I have let pans boil dry, and food burns as I forget about these. I have burnt 4 saucepans, which had to be thrown away as they were no longer usable, in the previous 6 months. I also drop plates and cutlery on a regular basis.
I need supervision/assistance to be able to cook safely - I should receive 4 points -1e

Remember the 4 important criteria - all 4 must be satisfied.
safety
acceptable standard
repetition
reasonable time

Also highest points value should be awarded when more that one activity in a section applies equally.
eg
Washing/bathing
Although I have a walk-in shower, which I can access unaided. Due to poor mobility, caused by back problems, I can not access the bath without assistance from my partner. I am unable to lift my leg over the bath, as it is too tall. I am prone to stumbling and often fall or stumble in the bathroom. I fell 4 times in the last 6 weeks. Descriptor 4e refers getting in or out of a bath OR (ii) getting in or out of a shower and I should receive points if I can not do simply one of those activities.

On this basis I should receive 3 points – 4e. It will be noted that although DWP awarded 2 points, because I also need help to wash my hair, and reasonably require a shower seat, both of these activities only comprise 2 points under 4d or 4b. Reg 7 Personal Independence Payment Regs. 2013 stipulates that the highest points award should be made, hence the correct award is 4e – 3 points


(Note -SP v Secretary of State for Work and Pensions (PIP) [2016] UKUT 190 (AAC) (CPIP/2094/2015) confirms that when descriptors use a list with 'or' between each activity, then failing to do just one activity will suffice, you don't have to show you can't do all. )

Lastly remember that even if you have better days when you can do more - the regulations (again reg. 7) provide that you can score the relevant points if you can't do the activity for '50% of the days'.
Using words like 'sometimes', 'it varies' are not helpful if you don't describe the majority pattern. If of course the majority pattern is being able to do the activity, it is unlikely you will get points.
I hope this helps.
Let us know how you get on.
Good luck.
LL26