PiP mandatory reconsideration

Hi Sharon,
Let's try and dispel some myths...
Yes, there is a risk if you do MR/appeal to a tribunal. A different decision maker or tribunal could look at all your disabilities and think hmmm we don't think she has many problems we could reduce all/some points. (And let's face it that is a method often adopted by DWP anyway!) However if there is clearly disability and good clear evidence that this leads to points then these should be scored. If no points or reduced points were re-awarded these would have to come up to scrutiny - if you did an MR and the result was indeed less than before DWP would have to show a change of circumstances (improvement) to justify, AND not just a poor assessment that DWP choose to rely on. So this is something you could easily argue at a subsequent appeal to a tribunal.
So yes there is a risk, however it sounds very much to me that the comments you quote above are to try and put you off! (The fact that you are posting here tends to confirm that DWP may have almost 'sold' the idea of not doing MR/appeal.) Yes you may get over £500 p/mth ( and the way the comment is written suggests that no one should need more than that,) but the law provides that you can get more if you achieve sufficient points to receive Enhanced Daily Living. Therefore if you qualify you are entitled to this, whether or not £500 is enough.
So, to recap there is a small risk, if you lose points/stay the same at MR then it is open to you to appeal to the tribunal. At tribunal the rules are somewhat different, yes the tribunal can reduce your award if this is legally correct, but it will have to give you a warning, which means that you could withdraw the appeal and stick with the original decision from MR if this remained the same as the original decision of standard DL and Enh Mob.
The crucial thing here is the strength of your evidence. If you have a good case then it may be worthwhile presenting it. There is no point in running an MR/appeal if you actually can not win, or the chance of winning is slight. (Then the balancing exercise of risk of losing versus chance of gain will lean in favour of losing so it's not worth the risk.)
The way forward here is to make a strict analysis of your disabilities and how many points can realistically be awarded in accordance with the descriptors. You may find it useful to have another look at the members guides. You haven't said how many Daily Living points were awarded. If you got 11, it may well be easier to get to 12 than if you only got the basic 8 points.
Consider how you do each activity - consider safety, acceptable standard, repetition and reasonable time.
So here's an example - I have used bathing
This is how I would approach this activity
1. Do I actually do this? - maybe you avoid because it is too difficult physically or mentally - why - what stops you doing this? You might need prompting or physical help, or it genuinely is impossible - (eg you can not move out of bed.) If it's impossible - then = 4g 8 pts
2. Most people can sort of manage to wash/bathe - so you need to analyse the problems
safety - do you fall/stumble/hurt yourself - could you have an epileptic fit - maybe you are deaf and can not hear the fire alarm - do you recognise when the bath is full and/or whether the water is a safe temperature? - these could all be valid safety reasons (often risk of substantial harm, but the harm doesn't need to happen often or at all)
acceptable standard - does it cause pain/exhaustion or fatigue - maybe you can't twist round far enough to reach everywhere - maybe you don't understand how to wash properly - maybe you make a terrible mess, and the bath overflows? - If you can't reach everywhere - you may be able to get points according to where you can reach - eg if you can't get to between shoulders and waist and need help for that area- it's 4 pts 4f
Reasonable time - if you don't get help, then there are two choices - you don't wash (not the best option) or you try and muddle through. If you don't manage everywhere then it's not acceptable standard. If you take more than twice that of an able bodied person, then you fail the time test. (This means you need help, and you can then decide as above what help you need and score accordingly.) If you can't wash everywhere in a reasonable time, this could indicate 4g - you need help to wash and bathe whole body. If you have OCD style rituals this could indicate not reasonable time.
Repetition- you need to be able to wash etc as often as reasonably required throughout the whole day. Most people would only need one bath/shower per day, or perhaps every other day. However, if you had a skin condition or maybe incontinence it may be reasonable for you to have to shower etc several times per day. Think what your routine should/could be. If you can't manage the reasonable number because of fatigue/pain or perhaps weakness of limbs later on in the day then you fail the test and should score points again accordingly to what you can't repeat.
Some of these criteria may overlap depending on your disabilities.
If you fail on just one of the 4 criteria then you should score points at the appropriate level of your disability.
Do you need prompting, maybe you need help to enter the bath OR shower, maybe you can't reach lower or upper body? If those problems are addressed can you do the remainder safely, acceptably etc?
Think also whether a gadget or two could help. If you have a problem getting into the bath would a grab rail provide enough security? (Doesn't matter if you don't have one, could it help you be safe, acceptable etc if you had one.) You could get a shower seat to sit on to alleviate risks of falls. Perhaps you could use some sort of app as a reminder if you need prompting? These could all comprise 'aid of appliance' and if you could use them to wash reliably then you could score 2 points (and nothing higher because you now no longer need human assistance.)
However, eg if your house is an old cottage with nowhere to put a grab rail, or you already have these and either can't use them or they don't help, then you will still need a human and could score higher.
BUT (and here is the potential trap) there are 3 descriptor activities under washing that all have 2 points, so if you need a grab rail and/or need help to wash your hair, or just need supervision then it's only 2 points.
Finally if more than one descriptor applies equally then you get the highest value. So if you need to use a shower seat (aid = 2pts 4b) but still have to have help to get into the shower and/or bath = 3 pts 4e - you should score 3pts here.) -Some people would like a bath - but only ever shower because the bath is too difficult to get into (falls etc) they avoid it. This indicates help required and potential - so remember to think about avoidance and what this means.
Don't worry if you have a good day - you score points for the majority of days, so think about the majority pattern not the unusual days.
The analysis I have indicated above can be performed for all relevant PIP activities. Do the analysis and see how you score. Can you actually achieve (enough) more points?
Remember also this, people's conditions do deteriorate, eg with washing - maybe previously you needed help to wash between shoulders and waist (4 points) but you could get into the bath. Now you can no longer get into the bath due to increasing back pain. It would appear that your disability is worse, because movement is less, pain is more, but help to get into the bath is only 3 pts, and therefore you won't achieve more points. Similarly to use another example. If you need help to manage therapy eg nebuliser that was 4 hours per week (3d - 3.5 to 7hrs help per week -4 points.) even if you now need 6 hours help per week due to worsening asthma it still falls within the same category.
Yes, by all means do MR or appeal if you have sufficient disability and can evidence this - eg GP/Consultant report, or even a statement from a friend etc. Give examples.
Weigh up the risk of reduced benefit ( it is a small risk.) against the possibility of getting sufficient points, and if you have the evidence and mind power then you can do this.
One final comment, I wonder if you should seek advice from a local advice centre so that a full benefits check can be made, you have a daughter who is caring, and you clearly have significant disabilities. There may also be help available from a local family support agency which may also be useful. There may be potential for an Occupational Therapist assessment so that eg grabs rails etc cqan be installed if this would help. Again a local advice centre (eg CAB) would be able to put you in touch with all relevant organisations.
I hope this helps.
Good luck.
LL26