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Success but should I appeal?
- rayisfun@hotmail.com
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I was expecting not be awarded any mobility allowance because I have a mental illness and according to info on this site and elsewhere virtually no one with mental illness is awarded mobility allowance. I was awarded 4 points for mobility but this is not enough for an award.
Based on how my illness affects me I believe I should have received more than 2 points each for preparing food; washing and bathing and dressing and undressing which I often struggle with due to OCD, depression and anxiety. I also disagree with the 2 points awarded for engaging with others face to face and the 1 point for managing medication but I'm mainly concerned with the other three descriptors. While I'm relieved to receive an award after all the unfair and disappointing outcomes others have unfortunately experienced I don't think the Decision Makers Reasoning has acknowledged the level of support I need for those three descriptors.
I'm aware that challenging this decision might undo the award rather than increase it so I wondered if it was worth appealing considering that it seems very difficult to be awarded the enhanced rate for mental illness? Could the decision about those three descriptors affect my ESA assessment?
Thanks for all your help and advice with my PIP claim. I also received help from the CAB who have been very supportive as well. This has been a very frightening and torturous experience for me but I really encourage all those who are still struggling to get through it to persevere.
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- slugsta
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Well, I'm glad that you got some kind of PIP award but sorry that it was not what you had hoped for.
I'm afraid cannot advise you whether or not to appeal. You are correct in saying that there is a risk to doing so - however any adverse decision can still be taken to appeal (although you would not be paid anything meanwhile if the MR removed the award.) If you scored just 8 points your award will be more precarious than if you scored 11 and just need to find one more. In reality, the MR seldom does more than 'rubber stamp' the original decision but I can't pretend there is no risk at all
You can contact DWP and ask for a copy of the assessor's report, this will help you understand where and why you did/did not score points. However, it is entirely possible that you will have to submit the MR request before this has arrived.
I suggest you go back through the PIP guide to try and workout where else you should have scored points and how to explain that (or point to where you have already done so on the PIP2 form). The guide also talks you through the MR and appeal process.
You should bookmark/favourite this topic on your web browser now so that you can find it easily in future. Then you can come back with any further questions or queries about your PIP. It helps us enormously if everything relating to one claim is kept in the same place and I hope it will help you too
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- rayisfun@hotmail.com
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Is the PIP assessment score considered in relation to ESA? If so then a higher score might make the ESA take how my illness affects me more seriously. Even though I should be overjoyed at receiving any award despite all the obstacles in the way I still feel angry that I scored so low in the three categories I mentioned. I have to weigh up whether to accept my anger at this award or go through the stress of appealing it. I wonder if others are in the the same position of considering whether to accept an award rather than go through the trauma of an appeal?
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- Gordon
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Spectralis wrote: Thanks for your reply. I scored 9 points which I think is very low considering the info I gave on my application and at the assessment. I'm very unsure whether to appeal and what the advantages might be of appealing apart from receiving the higher PIP rate which I might not be eligible for anyway.
Is the PIP assessment score considered in relation to ESA? If so then a higher score might make the ESA take how my illness affects me more seriously. Even though I should be overjoyed at receiving any award despite all the obstacles in the way I still feel angry that I scored so low in the three categories I mentioned. I have to weigh up whether to accept my anger at this award or go through the stress of appealing it. I wonder if others are in the the same position of considering whether to accept an award rather than go through the trauma of an appeal?
Whether to appeal or not is a Decision that only you can make.
Although PIP assessment reports can be used in the making of ESA awards (and vice versa), your scoring (or not) will not be a factor in this. They will be looking at the overall level of disability for an activity where it is relevant to the other benefit.
In considering whether to appeal or not you should look at how secure your current award is, the DWP will look at both components if you ask for an MR.
Next you need to consider how likely it is that you will score the extra points needed for an increased award, if you cannot easily see these then you might want to be more circumspect about challenging the Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- rayisfun@hotmail.com
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- Ellen
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