PIP tribunal when already on enhanced rate

Hello

My daughter, Katie, and I are wondering if anyone has comments on this: My daughter is receiving enhanced rate of PIP for ME and Aspergers. She didn't score points for 3 areas that relate to cognitive functioning. It's already been to a mandatory reconsideration because they made a mistake and that has been rectified putting her onto the enhanced rate.

We are concerned that if and when her ME improves she will not have enough grounds to receive PIP at all for Aspergers alone if they don't recognise her cognitive difficulties this time round and use our 'acceptance' of their decision this time as grounds for not scoring points on renewal. Therefore we were set to appeal to the tribunal to get her difficulties recognised even though it won't make any difference to the benefit.

Would they accept an appeal or see it as a waste of time/resources?

Thank you for your thoughts!

Lydia and Katie

It is your right to appeal.
They may see it as a waste of time but it would be up to the panel to appraise.
The DWP can submit further evidence in their defence if they see fit but this would not be to the effect that you are wasting their time, they would have to stick to the facts and opinions of the evidence and application of the rules and regulations.
Whether or not it will make a difference in the future is a moot point.
When the time comes a new form will be sent and you will fill it in and submit all your evidence. If the ME has improved but the Aspergers hasn't you will submit evidence supporting the Aspergers and the assessment will be based on what you submit. The previous assessment will not be taken into account. If they make mistakes you will be able to quest a MR and appeal if that doesn't produce the outcome you expct based on your evidence. The previous claim history will not be relevant.

You could not submit an appeal without a Mandatory Reconsideration having been already undertaken.

If you submit a request for a MR you would be saying that you were not happy with your award and asking DWP to look at it again.

As you are already on the enhanced rate, the only possible revision would be downwards...

Certainly with ESA, DWP stop considering descriptors once the score has been reached to award the benefit. I suspect that the same thing happens with PIP.

Thank you for all your replies. It's really helpful to know that they don't look at previous forms. We were trying to save hassle at renewal time but it's a good feeling to save hassle now! Especially since we are battling to get Katie into the Support Group as well at battling a difficult work programme adviser. Many thanks indeed.
Lydia and Katie