PIP reconsideration

Hi Everyone,

I’ve just joined benefits and work and am posting because I’ve received my PIP decision letter and it wasn’t quite what I hoped for.

I got enhanced mobility which is great but I only got 7 points for Daily Living and I had hoped to get something there.

My main question is about the preparing food activity. I told the assessor I could prepare my breakfast and simple things for lunch but I lack the energy to make my evening meal. They gave me 4 points saying that I need help. However the DWP Guide for Assessors says that if someone can’t do something for a part of the day when they would normally be expected to, then it counts as if they can’t do it for the whole day.
They give an example of someone who can get their own breakfast and evening meal but not their lunch, and they were considered unable to cook or prepare food for the whole day.

Do you think I have a case that I should have got 8 points here?

I had also hoped to get points on communicating verbally, mixing with others and reading but didn’t score any.

Also I really want to see my assessor’s report before putting in a request because I want to know what I’m arguing against but I requested it two weeks ago and have been told it hasn’t been actioned yet, so there’s no way I’ll get it before my month deadline.
If I wait for the report and put the request in late, will they just not backdate any extra money or might they refuse to consider it at all?

Thanks very much for any advice.

Hi s,

To add to Gordon's advice here is some more generic advice on challenging an adverse PIP decision.

You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.

Sending Documents to the DWP.

You could also ring the PIP Helpline :

Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm

To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.

If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

You should not miss your one month deadline if The PA4 has not arrived.

You can make comment that you have requested this and will submit further evidence if applicable when you receive it.

You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.

Obviously if you have no current PIP Award, there is no risk involved.

See : PIP MR/Appeals Guidance.

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

You should concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided.

See also : PIP Self Test

PIP Points Scoring System

&

PIP Claims Guide. (2nd Link down the page)

You might want to Bookmark/Favourite this page in your Internet Browser so that you can return to your topic easily to pose any further queries that you may have.

bro58

Thanks both of you for your replies,

I was going to argue that I am exhausted after lunch and I have to rest all afternoon and don’t have the energy to do anything else. I rest in bed until my mum tells me dinner is ready and then go to bed shortly after.

I told the assessor that I don’t have the energy to do anything after lunch but he didn’t seem very interested in how my abilities vary throughout the day. He didn’t ask me about my typical day either which I thought they were meant to.

I’m not sure if I want to request reconsideration if there is a chance that they might reduce my mobility award and not give me anything for daily living. I have M.E. which could be the sort of condition they might view subjectively.

Thanks again for any advice.