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Refusal to alter previous PIP award on Mobility
- Amanda Campion
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4 years 11 months ago #231801 by Amanda Campion
Refusal to alter previous PIP award on Mobility was created by Amanda Campion
Hi there would be grateful of any help that anyone can offer.
I have been receiving PIP since 2016, initially I was awarded High rate Care but nothing for Mobility.
When I reapplied in August 2018 my symptoms hadn't changed at all so I put that and repeated the actual written account from the 2016 application. When the decision came back it was again High rate Care but also awarded low rate mobility with 10 points under Planning and following a journey.
I have just received a letter under the back checking of previous PIP for Mobility and the assessor has refused to change the mobility on the 2016-2018 award giving me 4 points.
He says "The threshold for Overwhelming Psychological Distress is a very high one. Although you have difficulty with anxiety the evidence does not suggest that this results in you being unable to complete journeys on the majority of days"
Is it worth submitting a Mandatory Reconsideration, we have no further evidence, just that I am currently getting low rate care and nothing has changed since 2016? The paragraph I wrote is the same for both periods.
Is it possible that if we did this the assessor could then re-look at my current award and take the mobility away?
In my head it seems like they are just trying to reduce the payout but am I missing anything?
Many Thanks for any help or advice
I have been receiving PIP since 2016, initially I was awarded High rate Care but nothing for Mobility.
When I reapplied in August 2018 my symptoms hadn't changed at all so I put that and repeated the actual written account from the 2016 application. When the decision came back it was again High rate Care but also awarded low rate mobility with 10 points under Planning and following a journey.
I have just received a letter under the back checking of previous PIP for Mobility and the assessor has refused to change the mobility on the 2016-2018 award giving me 4 points.
He says "The threshold for Overwhelming Psychological Distress is a very high one. Although you have difficulty with anxiety the evidence does not suggest that this results in you being unable to complete journeys on the majority of days"
Is it worth submitting a Mandatory Reconsideration, we have no further evidence, just that I am currently getting low rate care and nothing has changed since 2016? The paragraph I wrote is the same for both periods.
Is it possible that if we did this the assessor could then re-look at my current award and take the mobility away?
In my head it seems like they are just trying to reduce the payout but am I missing anything?
Many Thanks for any help or advice
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- Gordon
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4 years 11 months ago #231839 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Refusal to alter previous PIP award on Mobility
A
What did you score the 10 points for this time? Descriptor (d); following a route to an unfamiliar place or (e); unable to undertake a journey.
Any MR that you could request can only consider your conditions and limitations as they were in 2016, your receiving an award now would not be something that could be considered despite your assertions that nothing has changed,
Challenging the 2016 Decision would have no impact on the latest Decision.
Gordon
What did you score the 10 points for this time? Descriptor (d); following a route to an unfamiliar place or (e); unable to undertake a journey.
Any MR that you could request can only consider your conditions and limitations as they were in 2016, your receiving an award now would not be something that could be considered despite your assertions that nothing has changed,
Challenging the 2016 Decision would have no impact on the latest Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Amanda Campion
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4 years 11 months ago #231874 by Amanda Campion
Replied by Amanda Campion on topic Refusal to alter previous PIP award on Mobility
Hi thanks for the reply in 2016 I got 4 points under the planning and following an unfamilar journey, in 2018 I got 10 thereby qualifying for lower rate mobility.
My conditions have not improved from 2016 as my therapy has been stopped by staff leaving twice. We filled in exactly the same word for word description of how my conditions affected this both years and on 2018 stated Nothing Changed also.
So if I understand correctly it will be hard to challenge that I should have had mobility in 2016 by using the fact that they awarded it for the same description of effects on 2018?
I am unsure therefore how to approach a MR? I'm reassured that if I do a MR they cant suddenly rescore my 2018 award.
My conditions have not improved from 2016 as my therapy has been stopped by staff leaving twice. We filled in exactly the same word for word description of how my conditions affected this both years and on 2018 stated Nothing Changed also.
So if I understand correctly it will be hard to challenge that I should have had mobility in 2016 by using the fact that they awarded it for the same description of effects on 2018?
I am unsure therefore how to approach a MR? I'm reassured that if I do a MR they cant suddenly rescore my 2018 award.
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- Gordon
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4 years 11 months ago #231893 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Refusal to alter previous PIP award on Mobility
A
Were the ten points for being unable to undertake a journey?
You will need to show that you met the criteria for the Descriptor at the time of the 2016 Decision.
Given the DWP have had two looks at this now, it's unlikely unless you are able to provide compelling evidence, that they are going to revise the Decision so are you prepared to take this onto appeal?
Gordon
Were the ten points for being unable to undertake a journey?
You will need to show that you met the criteria for the Descriptor at the time of the 2016 Decision.
Given the DWP have had two looks at this now, it's unlikely unless you are able to provide compelling evidence, that they are going to revise the Decision so are you prepared to take this onto appeal?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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