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PIP Mandatory Reconsideration

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8 years 5 months ago #145724 by dinkmack
PIP Mandatory Reconsideration was created by dinkmack
Hi All, I received my pip decision but I'm not happy with it so I've asked them to look at it again. I received Standard Daily only. I was really upset when I looked at the points and read the decision makers reasoning.

I've got a mental health condition ie Agoraphobia, Anxiety, Panic Attacks, Depression and OCD and I feel I should of received more points.

For Preparing food I received 2 points and it says I need prompting. I told them on my form that I never cook for myself.

For taking nutrition I scored 0 points and it said I can eat and drink unaided. I told them that I need prompting from my partner.

Communicating verbally I scored 0 points. I told tem that I have agoraphobia and anxiety and I get other people to speak on my behalf.

Engaging with other people I scored 2 points. They said I need to be prompted by another person to engage with other people. I told them I don't like speaking to people and that my partner speaks on my behalf.

Making budgeting decisions I scored 0 points. I told them I never deal with money and that my partner deals with it all.

Planning and following journeys I scored 4 points. I need prompting from another person to undertake a journey. I told them I never go out alone and my partner always takes me in the car. I told them I never use public transport even with the support of another person.

Some of the decision makers decisions
You said you have difficulties taking nutrition, communicating verbally, reading and understanding signs, symbols and words and making budgeting decisions. However you did not appear malnourished and do not have any specialist health input. You communicated adequately and can use a mobile phone (I told them I only text and call my family on my mobile and I don't answer if I don't know the number. I told them my partner answers and makes call on my behalf).

I didn't have any doctors support because the last time I went to the doctor I was referred to a cognitive behavioural therapist and because I didn't do well with it my doctor said come back when you feel ready. I never felt ready.

I've asked my carer/partner to write a diary of what I'm like on a daily basis. Will this help with the reconsideration or will it just be over looked?

If anyone can offer some advice as to what I need to do next and maybe help with the best way to argue why I feel the points are all wrong I would very much appreciate it?

Thanks for reading :-)

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8 years 5 months ago #145727 by Gordon
Replied by Gordon on topic PIP Mandatory Reconsideration
dinkmack

Some immediate comments based purely on your latest post!

You mention several things that you do not do, but are these things that you cannot do? You will not score points for things that you do not do, only for things that you cannot do!

The Communicating activity is about the physical act, not whether you are unable to do so in certain situations even if this is due to your conditions, so if you can talk to wife as an example, you will not score points for this.

For Socialising there are very specific criteria that you need to meet, for example; needing social support or it causing overwhelming psychological distress or their being a risk to you or others. If you don't show that these apply then you won't score higher. Very few of the activities have a linear increasing scale of limitation, off the top of my head, the Moving Around Descriptor is the only one that comes to mind, often then criteria change from one level to another.

You scored points for Going Out, whilst not enough for an award it is positive that they accept there is a problem, have a look at the documents I the PIP section that cover the DWP's interpretation of "prompting" and how to respond.

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: dinkmack

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8 years 5 months ago #145730 by dinkmack
Replied by dinkmack on topic PIP Mandatory Reconsideration
Hi Gordon, Thank you for your reply. When I was saying I don't do it I did mean I cannot because of lack of motivation and being overwhelmed by it all. I did explain in more detail on my form I just didn't want to go into too much detail on here.

I've requested the assessment report and I've been told it's been posted so I will hopefully receive it soon.

I will come back once I've checked through it.

Thanks.

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8 years 5 months ago #145990 by dinkmack
Replied by dinkmack on topic PIP Mandatory Reconsideration
I've received my assessment report. I've included some of the things that I want to argue.

Preparing Food
He ticked descriptor d.
Needs prompting to be able to either prepare or cook a simple meal.

I told him that I cannot prepare and cook a meal at all because I lack motivation, I'm forgetful and I become overwhelmed with the multitude of things that need to be done.

His reason for choosing that descriptor was.
The difficulties coping at assessment and anxious behaviour observed at MSE is consistent with her anxiety condition and OCD and that she would need prompting to perform this task in a timely manner. Although reporting needing assistance she has no cognitive, intellectual or mental health condition with significant impact that would require assistance and no difficulties in concentration or focus were demonstrated at MSE.

Taking Nutrition.
He selected descriptor a.

I told him that I need prompting because of anxiety and depression. I don't feel like eating because when I'm anxious I feel sick.

The assessors reason for choosing this descriptor.
Although reporting difficulties in her questionnaire she has no cognitive or intellectual health condition that would require prompting to eat and no difficulties were identified at MSE where she was a healthy build and with healthy skin, nails and hair. Although diagnosed with anxiety and depression she is receiving no active treatment or specialist referral and prescribed no dietary supplements or referral to dietary services. The balance of evidence indicates she can perform this task reliably.

Engaging with others face to face.
Assessor selected descriptor b.
Needs prompting to be able to engage with other people.

I told him that I can't talk to other people because of anxiety and I said my partner speaks on my behalf. When were out I avoid contact with strangers and if any one approaches to talk to me I always step back and lets my partner speak to them.

Assessors reason for descriptor.
The reduce eye contact and reduce rapport identified at MSE is consistent with her depression and anxiety condition and demonstrates a need for prompting to engage reliably.

Making budgeting decisions.
Assessor selected descriptor a.
Can manage complex budgeting decisions unaided.

I told him that I lack motivation to deal with bills and I forget when things need to be paid. I become overwhelmed by it all. I said that I impulse buy when I feel depressed and I have got myself in serious debt with credit cards and catalogues because of it. Including debt collector threats and ccj's.

Although reporting difficulties in her questionnaire, she has no cognitive or intellectual condition that would require prompting to budget and was able to complete five rounds of serial sevens and the sum question and remained focussed. Although diagnosed with anxiety and depression she is receiving no specialist input from mental health services, active treatment or referral. The balance of evidence would indicate that on better days she can perform this task reliably.

Planning and following journeys.
The assessor chose descriptor b.
Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant.

I told him that I have Agoraphobia and never leave the house without my partner. She has to take me to and from my families house and I said I never use public transport even when accompanied by someone because I don't like people staring at me and I have negative thoughts about what people think about me. I can't go out with just anyone. It has to be someone I feel completely at ease with which is normally my partner or mum and dad.

The assessors reason for descriptor.
The demonstrated anxieties at assessment and withdrawn behaviour observed at MSE is consistent with her anxiety condition and indicates that she would need prompting to leave the house reliably. She reports in her typical day never leaving the house because of her anxiety alone and is always accompanied by her partner.

These are the descriptors I would like to argue. Any advice would be very much appreciated.

Thank you.

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8 years 5 months ago #146004 by Gordon
Replied by Gordon on topic PIP Mandatory Reconsideration
dinkmack

The most obvious thing is that you won't score extra points by arguing that you don't meet the descriptors selected by the Decision Maker, as I mentioned in my previous post each Descriptor has specific criteria that you need to show that you meet to score the associated points.

So for Preparing Food you need to show that you need supervision or assistance or that you cannot prepare a meal at all.

For Eating and Drinking you would need to show you needed prompting for the majority of days.

For Mixing with Other People you will need to show that you either need social support or that mixing causes you overwhelming distress or there is a risk of harm to you or others if you do.

For Going Out you need to have a look at the documents in the PIP appeal section.

Gordon

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

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8 years 5 months ago #146029 by dinkmack
Replied by dinkmack on topic PIP Mandatory Reconsideration
Thanks for the advice Gordon. The assessor mentioned a few times that he thought I had no cognitive or intellectual condition. Is this based on the final memory test that he did. If it is would it be a good idea to explain that I didn't feel I completed the sums in a timely manner and that on one of the sums I was getting very frustrated because I couldn't concentrate. I also had to resort to using my fingers to try and figure it out. The sum was 93 - 7.

Thanks for all your advice so far.

The benefits and work guides have been really helpful.

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