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PIP mandatory reconsideration and PA6 help

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5 years 2 months ago #226831 by Sammyahha
Hello all,
I’m new here so very sorry if posting to the wrong place.
Sorry if this is long winded, but I just want to give some background info.
I suffer with EUPD, chronic depression and bipolar 2,
In October 2018 I applied for pip, I had my f2f on 21st December. DWP received report back on 20th jan which I requested.
Everything was true on the assessors report, nothing noted that didn’t happen or wasn’t said.
I added the points up and they told 15 points care and 12 mobility.
So I got my decision on 14the february, enhanced care and 0 points mobility.
I questioned this and was advised that the DWP had requested supplementary advice.
The original assessment report justification for planning and filling journeys recommends 11f, with justification saying,

IO’s and mse indicate good cognition, intellect and memory and SOH reports she has a driving licence, however HOC reports specialists input and medications are consistent with condition, HOC reports she is verbally aggressive every time she leaves the house and even when with her husband, when she is angry she has no regard for other people’s safety, HOC also reports she has been refused counselling due to anger problems.
Therefore it is likely that on the majority of days safely, timely, and to an acceptable standard she cannot follow the route of a familiar journey without another person.

On the pa6 the DWP have queried it, with the reason that I engaged well with the assessor, and I am able to collect my children twice a week from school, she still holds a valid driving licence, it is reasonable to expect that in order to drive she would need to have an adequate level of safety awareness. Please can you confirm whether 11a is more appropriate.

The response from capita to DWP, states, the ability to maintain a driving licence indicates a reasonable level of function and awareness of danger when considering the responsibilities of driving a car. Description choice a is more likely.
This was answered by someone different to who assessed me.


I explained at my F2f that I am aware of right and wrong, I know how to drive, but if my anger is triggered then I can’t control my actions. I don’t have any ability to foresee what might make me angry, as it’s generally other people that trigger it, so I can’t control it. That’s the short version of my issues anyway.

I have already put in my mandatory reconsideration and spoke to a decision maker on the phone. I was advised to send in something from my GP, but about 4 weeks ago they struck me off their list for breaking a door in anger with the receptionist, I took a copy of that from my online access and sent that to them.

Has anyone had any experience with MR where these pA6 notes are also involved.

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5 years 2 months ago #226834 by Gordon
Replied by Gordon on topic PIP mandatory reconsideration and PA6 help
Sammyahha

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

This is likely to be a difficult argument as you are solely reliant on it being accepted that you cannot complete the activity safely.

First of all, you need to go back to basics and explain your anger issues when out, in particular, you need to over two things;

- First, you must show that you have the potential to be affected in this way on the majority of days, not just the days that you actually go out, so you need to explain the triggers that make you angry, why you cannot avoid these and the level of anger that you experience.

Be aware, many doctors see feeling anger and acting on it as a choice, you may need to show that your reaction is unconscious or at the least that there is insufficient time for you to control yourself.

- Secondly, you need to show that when anger that there is a significant risk of harm to you or others. This may be easy but you will need to give specific relevant examples, so although your issues at your GP surgery are indicative, they are not directly related to how you might be when following a route.

As to the driving, you can argue that this is a simplistic view of a journey, most people drive to a destination for a purpose, for example; to buy their groceries, the journey is to the inside of the shop and therefore part of the journey will be your walking from the car park to the store. Be aware though, that this argument lessens the opportunity for you to get angry.

A counter argument will be why you do not get angry when driving when the potential for harm will likely be higher.

Gordon

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

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5 years 2 months ago #226838 by Sammyahha
Replied by Sammyahha on topic PIP mandatory reconsideration and PA6 help
Thanks for the response Gordon.

The problem is that the original assessor agreed and recommended 12 points.
I explained I can’t drive, because if I get angry I will drive erratically and endanger myself and others. The problem doesn’t stop there, I then self harm out of guilt.
So on the days I can drive, there’s still a risk of being triggered, but I didn’t want to be dishonest and say I can’t go anywhere. Because I can. It’s just risky.
When I collect the children from school, I explained to the assessor that I wait in the car away from the gates, due to crowds and a lot of people there is an increased risk of me being triggered.
She wrote that on her report, when the DM queried it, they stated I stay away from the gates due to lack of motivation. I never said that and it doesn’t say that anywhere on the form.
I just feel as if the DM has made his/her own assumptions about me.
Is it normal to be recommend 12 points and the DWP to raise a query suggesting 0 points more appropriate.

My psychiatrist has confirmed that I’m not able to control my actions.

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5 years 2 months ago #226839 by Gordon
Replied by Gordon on topic PIP mandatory reconsideration and PA6 help
Sammyahha

As I said, one of the biggest problems that you have is that this is about the narrowest argument that can be made that you meet the criteria, as a result, it is easy to take the view that you don't meet that criteria. It's unusual to see such a significant points reduction but I am not surprised by it.

Decision Makers are told to look at two things when considering whether a claimant can complete an activity safely, the risk of harm and the degree of harm that would result, DWP guidance recommends that both must be high for it to be unsafe.

Gordon

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

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5 years 1 month ago #227694 by Sammyahha
Replied by Sammyahha on topic PIP mandatory reconsideration and PA6 help
Hello,

Just thought I’d post an update on here should anyone find themselves in a similar situation.


I called DWP today re my mandatory reconsideration,
I was told they’ve made a decision already and I have a letter winging its way to me.
He told me on the phone, that the decision has been changed and I’ll now receive the enhanced rate mobility, as well as enhanced care.

So looks like I’ve gone from 0 points to 12 points at MR stage.

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5 years 1 month ago #227705 by Gordon
Replied by Gordon on topic PIP mandatory reconsideration and PA6 help
Sammyahha

That sounds like good news although you will need to see it in writing.

Gordon

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

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