× Members

No feedback after sending Mandatory Reconsideratio

More
8 years 4 months ago #144920 by onice
I sent my completed PIP form in about a month ago. Today I received a letter saying that I scored 2 points (for the Engaging with other people face to face descriptor).

I provided evidence from my therapist who I have been seeing for social anxiety management, i have only started being around people in the last few months and am not recovered yet (it's been a long-term issue, over 6 years avoidance)

I wrote several pages detailing what I am and am not able to do, I don't think it was taken into account. I made it very clear that I am not fully recovered yet - it's only been a few months since I've begun to be around other people voluntarily (support groups).

Is it possible they just disregarded the extra pages I included? There is no way I score 2 points.

Is it worth asking for a reconsideration?

Not awarding me PIP doesn't change the status of my condition. If I am unable to do certain things, I am unable.

Please Log in or Create an account to join the conversation.

More
8 years 4 months ago #144929 by Gordon
onice

You only mention one PIP Activity, did you expect to score points in other ones?

If you believe you should receive an award, then you only have two ways forward, challenge the existing Decision or make a new claim from scratch!

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 for details of the process and template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

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;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

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.

Gordon

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

Please Log in or Create an account to join the conversation.

More
8 years 4 months ago #144987 by onice
Thanks, Gordon.

The letter includes a paragraph on the Decision Maker's Reasoning, is this the same as an Assessment Report?

I expected points in the following 3 areas:

Managing therapy or monitoring a health condition (0 points)
"I have decided you can either manage medication or therapy or monitor your health condition unaided, or you do not need to. You are not currently prescribed any medication and you appear to have insight into your condition as you attend therapy sessions. This is consistent with your medical history, the available evidence and the information you provided about how your disability affects you."

I have to contest this because, as I said in my application:
- I am now on a "therapy break" due to NHS treatment limitations (20 sessions maximum). That means I am not seeing a therapist though I still need one.
- I was offered a medication prescription but declined it due to a previous bad experience with it many years ago. It's not that I'm not in need of it, it's that I think it does me personally more harm than good.
- Surely, if I have insight into my condition it must mean I know that I am not recovered/ready/able to be around people properly at this stage.

Engaging with other people face to face (2 points)
"You said you have difficulties with engaging with other people face to face. I agree you have difficulties."

"You need to be prompted by another person to engage with other people."

As I mentioned in my application:
- No amount of prompting will get me into certain social situations. (It is a process and I gradually have to become more comfortable one step at a time until I am free/able to be around anyone)
- I explained the very narrow criteria required for me to be in a social situation (including duration, frequency, amount of people, level of anonymity/familiarity etc.)
- Also, I mentioned that I do not have anyone to prompt me as, due to social anxiety, I don't have friends and my family don't know what my problem is.
- At the time of writing the application I was in between the penultimate and last therapy session and stated this clearly several times. So I do not currently see my therapist anymore, so the only support I had is gone.

Planning and following journeys (4 points)
You said you have difficulties with planning and following journeys. I agree you have difficulties. This is consistent with your medical history, the available evidence and the information you provided about your disability affects you.

I cannot consider any help you need not covered by the activities for daily living and mobility, including use of taxis or public transport"

My contentions:
- It doesn't make sense that I would score more here than for Engaging with People. Engaging with people is more difficult than getting around because, although I am around others, there is less pressure to engage and I can keep to myself. It's easier to get from A to B where I don't have to talk to anyone, situations where I am under pressure to talk/converse/engage are significantly harder.

- I am not sure what the last sentence means, public transport can be difficult at times, taxis especially (because of the one-on-one pressure to interact/engage) and other more complex social situations are just not possible for me at this stage.

I typed several pages but I don't think they really read any of it. I have summarised my areas of contention here and guess I will have to send this in a letter I write to the DWP and hope for the best. It was only now, having looked at the letter again that I realised I scored 4 points in the Mobility Component.

Please Log in or Create an account to join the conversation.

More
8 years 4 months ago #144998 by Gordon
onice

The Decision Makers letter is not the assessment report although there comments will have been derived from it.

It's difficult to offer detailed comment on the activities that you have mentioned, but I will try and make some general ones.

Whilst you might need on-going treatment, if you are not receiving any then I think it will be difficult to argue that you should score points for this.

For the Mixing with other people activity, an immediate comment is that you will not score higher by showing that prompting is insufficient for you to be able to mix with other. To score the 4 points for 11(c) you need to specifically show that your need "social support" to do so and for 11(d) and 8 points you need to show that you either experience "overwhelming psychological distress" or that you would "exhibit behaviour which would result in a substantial risk of harm to you or others"

For Going Out, your post suggest that you can do this, is this the case?

The references to public transport, etc. are because the DWP guidance on this suggests that a claimant needs to be able to use it as part of an unfamiliar journey, however, the legal definition makes no reference to public transport, the DM is saying that they are following the legal definition and not the guidance.

Gordon

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

Please Log in or Create an account to join the conversation.

More
8 years 4 months ago #145010 by onice
I wrote a very detailed an lengthy description of my difficulties. I covered everything.

I described the extent of my distress there. It is unbearable that's why I have been avoiding for 6+ years - I mentioned all of this in my original form.

I am not seeing a therapist now whilst on "therapy break" to see how I cope on my own, putting into practice what I have learned, then I return to my therapist in February to see what happens next. In the supporting evidence, there is a letter from my therapist where she highlights my concerns about not being able to maintain progress without her support.

Part of relapse prevention plan since the termination of therapy (2nd November 2015) is to attend a social anxiety support group. I am substituting the individual therapy for group therapy (I provided evidence of my enrolment) until I see my therapist again.

I don't go out to engage with others unless it is something therapy-related, lasting 2-3 hours maximum, in very specific conditions (which I detailed in my PIP form).

Public transport can be difficult on bad days, but the much, much bigger problem which is out of control, is being around people, getting to know them, people talking to me/asking me personal questions. I can get around but it is overshadowed by the threat of having to engage with people significantly. So getting around is always fraught with tension because I never know when someone will start talking to me/looking at me/if someone I know sees me.

I'm going to request the assessment report and take it from there.

Please Log in or Create an account to join the conversation.

  • foss27
8 years 4 months ago #145026 by foss27
Getting the assessment report first is a good isea.

It will detail the evidence the decision maker is relying on.
If you cn identify things in the report which you did not say or which twists things you said or adds the HCAs opinion without taking your evidence into cnsideration then tou have a good basis for building a case.
In many instances people have reported outright lies, omissions and ignornce on their reports. Hopefully your report will highlight whether you can challenge the decision or not.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.