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PIP Mandatory Reconsideration Advice

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5 years 9 months ago #216597 by King_Drax_I
PIP Mandatory Reconsideration Advice was created by King_Drax_I
Hey everyone,

I'm reading through all of the downloadable content here on the site - which is great - and i've just got a couple of things I could do with some advice with before we go ahead with a mandatory reconsideration.

So a few months ago my wife had a PIP review. At this point she was 2 years into her 3 year award, and before this she was on DLA for 3 years (just for context). She has been on more or less the same rate for the entire period, although in the last 12 months or so, since a personal loss of ours her health has taken a significant turn for the worst. All of this I put in the PIP review. We recently had our decision back and we have had points taken off us for both components. She now only gets 4 points for the mobility (which will mean us losing the Motability car) and although she meets the 12 points for care needed for the enhanced rate, which is what she should be on there are many of the categories where she has been given a completely wrong score.

So my question is, what should we do about the care component? She's on the correct rate, but there's parts of it (such as making budgeting decisions, managing her treatments, cooking) where she scored 0, and she should have scored so much higher. I don't want to renew the claim in 2020 and have to answer questions about why her health suddenly got better for 2 years but is now worse again. We have doctors who can support all of this, so I have no idea how the person came to this decision.

Also in one of the downloadable documents there is a sample Mandatory Reconsideration request, which is a letter formally requesting the reconsideration. Should I put in there what specific points we disagree with and why we disagree with them?

Any advice you can give would be fantastic.
Thanks everyone :)

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5 years 9 months ago #216631 by Gordon
Replied by Gordon on topic PIP Mandatory Reconsideration Advice
Drax

MRs and appeals are about the award, not how it has been made, so realistically there is nothing you can do about the points scored for the Care component without risking the award that has already been given, so I would leave it alone. You can address the issues at the next reassessment.

Yes, your MR request needs to explain why you disagree with the Decision.

Gordon

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

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5 years 9 months ago #216640 by King_Drax_I
Replied by King_Drax_I on topic PIP Mandatory Reconsideration Advice
Thanks for the fast response Gordon. So do you mean if the award is correct its not open for a mandatory reconsideration regardless of how the points in specific categories were awarded?

Is it worth me calling the DWP to get it noted that we disagree with the point she's been awarded for care but don't want to jeopardize our position? I'm just a bit worried that we will either need to show the seriousness of my wife's health over the course of the next 2 years, and the form they sent us with her points breakdown wont accurately reflect that; or that when we are reassessed in 2 years it will look like her health miraculously improved for 2 years (and we didn't tell them about it) and now we are claiming its suddenly worse again, now that we are being reassessed - which may automatically put us on the back foot.

Thanks for your time Gordon, I really do appreciate it.

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5 years 9 months ago #216643 by Gordon
Replied by Gordon on topic PIP Mandatory Reconsideration Advice
Drax

She has an Enhanced award, scoring more points won't change this!

There is no value in your contacting the DWP to tell them you are unhappy with the points for the Daily Living component, you risk it being treated as a request for the DL award to be reviewed. The information will not be made available to those reassessing her at the end of this award.

It is not a perfect world, I understand your concerns about a future assessment but in reality, this is not going to be the issue that you think it will be Either they will reassess her from scratch, in which case they will not look at the current Decision or the will reassess her, in which case the claim form and evidence you have just sent in will be part of the documents looked at, so you will simply be restating what you have already said.

Gordon

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