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PIP Review - MR Process and Mixing With Others

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1 year 11 months ago #276888 by May456
I submitted my PIP review forms in the middle of last year.

I got a letter recently that my award has stayed the same. However, I am 1 point off of daily living and I strongly believe I am entitled to 4 points for mixing with others. I have explicitly stated my mum provides social support for me and I can only accept support off of her due to my panic disorder, agoraphobia and anxiety in general.

They haven't used an assessor and have made the decision based on all the evidence I have given in, and I believe they have used the PA5 from my initial assessment as both the assessor on that report and the DM this time have made a reference to psychosis. I don't see how my not being in psychosis bears any relevance to mixing with others. It seems like a way to avoid awarding me the extra point to be awarded enhanced daily living.

I think I am in a strong position for an MR. I don't have any advisors who can help me, so I feel a bit stuck and very nervous about what the outcome might be if I pursue an MR.

If I go with an MR, will my award stop in April like it is meant too, or will it continue until the MR decision has been made?

Hopefully you can help - many thanks.

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1 year 11 months ago #276907 by Gary
Hi May456

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

By the sound of your post, you may have had a paperbased assessment called a PA3. I would contact DWP and ask for a copy of the assessors report, don't give it a name such as PA3 as that may not be correct.

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

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

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1 year 11 months ago #276957 by May456
Hi Gary,

Thank you for taking the time to reply.

I have had a look at all of the guides.

I did phone up for an assessor's report and it turns out my review was carried out solely by the decision. The call handler put me through to a case manager and she was really helpful and said there wasn't any assessor's report which is unusual, but it can happen that they carry out the review without a health assessment.

I only want to appeal this one descriptor, do I need to go through the details of every descriptor or just highlight the one?

I was going to use case law to help back up my argument, specifically the supreme court decision about the difference between prompting and social support for engaging with others.

Basically, they have said as there is no psychosis present then prompting (2 points) is appropriate, opposed to social support. However, I have provided a significant amount of evidence, in my opinion, that my mum is classed as social support. I cannot be supported to engage with others with anyone other than my mum, it is not sufficient to have any well-meaning friend or family member as I am too anxious to mix with these people, or anyone without my mum being with me. My mum has to be physically present with me in order for me to engage with others and if I don't have her with me, then I simply won't.

I find it quite hard to explain but long story short; I cannot interact with others without having my mum with me. I need her to talk on my behalf a lot too.

I hope this makes sense and hopefully you can help.

Many thanks

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1 year 11 months ago #276959 by Gary
Hi May456

In your MR, you can state that you are ok with the outcomes in Q1, Q2 ,Q3 ..........Q12 but you disagree with Q9 because ....... and then add your reasoning, try and add in supporting evidence if you have any or a supporting letter from your mother, your mother will need to explain why she has to be with you to engage with other people. If you have a hospital or doctors appointment does your mother go with you?

Gary

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

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1 year 11 months ago #276964 by May456
Hi Gary,

What other supporting evidence could I give in addition to a letter from my mum?

I'm agoraphobic and have panic disorder, so I do all my appointments over phone call or zoom, but I won't do an appointment unless my mum is physically in the house with me. I have a new care coordinator, but I could ask if they could write a statement saying as such. There was something that my previous care coordinator wrote on a piece of paper that I used as evidence that said something along the lines of "will only talk to someone when her mother is present to provide support".

Many thanks

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1 year 11 months ago #276970 by BIS
Hi May456

If your new care coordinator can provide a simple statement that would be useful. If you have the previous statement and have already sent it, remind them that your situation is unchanged.

BIS

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