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Happy result from PIP MR :)

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8 years 4 weeks ago #155076 by anonmum
Happy result from PIP MR :) was created by anonmum
Hi all,

First post here, so please be gentle with me :)

Daughter has been on DLA high rate care and high rate mobility since she was 3, and I have been claiming CA (and Income support), Daughter was 16 in November so we had to reapply for PIP.

Daughters needs are mainly related to continence (she has spina bifida - this has caused bladder and bowel incontinence) and the claim we made mainly related to these needs on the form.(Time it took to do, need for bedding changes at night etc etc) She is normally mobile without need of any aids or help.(which we stated)

At the time of application and for the medical she was using a wheelchair having had surgery on her feet which we mentioned, but since she is expected to be back on her feet in a month or two didn't make too much of a big deal about. (She couldn't walk when it was her medical but we were honest this was just a temporary issue)

Sooo...today we get the pip result - she was awarded 6 points total for care (2 for using an aid for continence and 4 others we didn't expect in other areas) - so no award for care BUT then she did get 12 points for mobility giving her an award of the advanced rate of mobility!! The award is for two years but with a review after one year as far as I can make out)

We weren't expecting any mobility award, only the care award, so my question is What shall we do now? Obviously I lose CA if she only has mobility award, BUT do we risk losing the mobility award to appeal the care award??

Any thoughts anyone?

Many thanks,

anonmum xx

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8 years 4 weeks ago #155089 by Gordon
Replied by Gordon on topic Happy result from PIP MR :)
anonmum

I am afraid it's a decision that you and daughter have to make, there are no guarantees and I would certainly expect the DWP to look at Mobility component as well as the Daily Living part if you request a Mandatory Reconsideration.

From your post the Mobility award sounds weak as you daughter does not seem to meet the past/future test.

Unless you are receiving IS for some other reason payments will stop along with the CA.

Do you believe that she can score the missing 2 points for a Daily Living Award?

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;

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: anonmum

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8 years 4 weeks ago - 8 years 4 weeks ago #155094 by slugsta
Replied by slugsta on topic Happy result from PIP MR :)
In addition to Gordon's excellent advice - the PIP criteria are very different from the DLA ones. From your post it sounds as if you filled in the PIP questionnaire as you would have the DLA one - that is, documenting the time taken to give various types of care to your daughter during the day and night. PIP does not look at this, it is more of a 'tick box' exercise to see whether the claimant needs help or aids for certain things.

If you have not already done so, I recommend that you have a good look at the PIP guides. This will help you to workout where you daughter should have scored points and how best to present her claim so that she gets what she deserves.

PIP help for claimants

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 4 weeks ago by slugsta.
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7 years 11 months ago #158335 by anonmum
Replied by anonmum on topic Happy result from PIP MR :)
Hi all,

The dreaded brown envelope brought happy news for a change, the MR for my daughters PIP has changed her PIP award from just mobility to mobility + daily living (standard) - so I can reclaim carers etc!

I sent no further evidence with MR just pointed out a few omissions DWP had made from assessor report (as in not counting points assessor had awarded) and it worked!

So its well worth putting in for MR/appeal if you don't get what you expect!

Good luck to all other appealers! x

anonmum

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7 years 11 months ago - 7 years 11 months ago #158349 by slugsta
Replied by slugsta on topic Happy result from PIP MR :)
Hi Anonmum,

I have merged your post with the previous topic about your daughter's DLA - PIP so that anyone who wants to can see the whole story.

Congratulations on getting the decision changed at MR. It doesn't happen often - but I think you are the second we have heard of recently.

Thank you for taking the time to let us know and for your kind words about B+W :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by slugsta.
The following user(s) said Thank You: anonmum

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