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PIP rejected at mandatory reconsideration

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2 years 3 months ago #273953 by P12022
Hi, I applied for PIP in April 2022. I received my award letter in August 2022 at which I was awarded mobility at enhanced rate and daily living at standard rate. I have just received today my mandatory reconsideration letter for daily living at standard rate which they DWP have upheld their decision. I suffer from hereditary spastic paraplegia and hashimoto’s thyroid disease. They have said ‘you need an aid or appliance to be able to prepare or cook a simple meal’ I do not make any meals my partner and full time carer does all cooking for me as it’s not safe for me as I have no balance or coordination in my legs due to my condition and have extreme exhaustion because of both of my conditions. I do not have a wheelchair or use one,evening sitting in one position causes me pain after a very short period of time due to spasticity and stiffness in my legs. I have constant pain in my back,hip and knee due to my hereditary spastic paraplegia. It would make no difference to me to sit on a chair and prep at meal as the DWP put it. My kitchen is not even adapted for a disabled person. They have said to me that I have no issues with my upper body this is simply not true. I have a complex form of my condition (hereditary spastic paraplegia) which can affect different parts of the body too. They have not even mentioned in any part of the first decision letter anything whatsoever about my other condition Hashimoto’s thyroid disease which also has a huge impact on my daily life alone and that is not even my most severe problem which is my degenerate neurological disease (Hereditary spastic paraplegia) I have only been out of the house onced in the last 3 years due to my severe mobility issues. My partner can drive but doesn’t have a car as yet. I wasn’t even able to visit my first grandchild in hospital or attend the christening due to these issues of not be able to sit for to long periods either. Has anyone got any helpful advice for me- I don’t think I could go to tribunal in person for the reason I have mentioned however my partner and full time carer can go for me. Thanks to anyone that can give me any adivice

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2 years 3 months ago #273968 by Gordon
Replied by Gordon on topic PIP rejected at mandatory reconsideration
Pb2022

Do you have a copy of the assessment report; a PA4 if you had an assessment or a PA3 if your review was paper-based? If not then contact the DWP for a copy, it will allow you to better understand how the Decision was made.

You can request an appeal of the Decision by contacting the Tribunal Service, our appeal guide explains how to do this. Your request needs to be made within one month of the date on the MR Notice, you can make a Late appeal but will need to explain why it is late, the TS can reject your reasons but this would be very unusual.

If you do appeal then you need to address each of the issues raised in the assessment, as an example you mention that they have said that you can use an aid to help you cook, typically this might be a perching tool which would be expected to negate your problems with balance, if this is not the case or using the stool would cause additional problems then you need to explain why this is the case.

You don't say how many points you scored for DL but you will need at least 12 for an Enhanced award, so make sure you can se how you would achieve this.

There is also a guide to arguing the issues in the assessment report which might be helpful.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: P12022

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2 years 3 months ago #273976 by P12022
Replied by P12022 on topic PIP rejected at mandatory reconsideration
Hi Gordon,thanks for the reply. Yes i received 12 points for mobility and 9 points for DL. Yes the aid I believe they are most likely thinking of is the perching stool. However for me to be sitting still for even a short period becomes uncomfortable as well as the constant pain in my back,hip and knee. I also need my partner to help wash my back and lower body as I can’t reach round properly with the pain in my back and hip intensifying which I already told them this! My flat is small and is not adapted for a disabled person. The truth is I’m getting weaker in life. Even to do these things like washing with all the help from my partner I have to go to bed and lie down for about 15-20 minutes as I’m breathless and my heart is pumping really hard. I turned 44 this year,if I accept their decision then why will they award me any more points later on when they aren’t just now.. my condition is progressive I don’t have good days at all it’s continually the same every day,all day long. They said they will review me in 4 years

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2 years 3 months ago #273977 by P12022
Replied by P12022 on topic PIP rejected at mandatory reconsideration
Sorry I forgot to answer the first part of your question no I haven’t got a PA4 or PA3,yes I will probably have to contact them and ask for this. I had originally got help filling out my PIP application from money matters and had contacted them again to help with the appeal process,they have asked me to send the mandatory reconsideration letter to them and they said they will do the appeal form however I don’t know if this will make any difference if they do it or me?

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2 years 3 months ago #273989 by Gary
Hi Pb2022

As Gordon stated in his post you do need a copy of the assessors report PA4 or PA3 if you had a paper assessment.

When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

If you are just asking DWP to look at the daily living component then say so, I usually say that I do not dispute the finding for the mobility component but I dispute the finding for the daily living component ....... then list the reasons why you are disputing the daily living component.

Take heed of Gordons warning, you may loose what you have already been awarded

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: P12022

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2 years 3 months ago #273990 by Gary
Hi Pb2022

Before you make any decision you do need to get a copy of the assessors report, this is what the decision makers use to make their decision.

Gary

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

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