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5 years 3 months ago #225580 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP REVIEW
worrywart
If you appeal then you need to focus on the criteria that you are trying to meet, the four points were awarded for
b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant.
This is about your being able to leave your home, it is not about your planning a journey nor is it about you going out once to a place where there was likely a necessity for you to do so.
Do they draw any conclusions from your "social life" that are related to your Mobility?
Gordon
If you appeal then you need to focus on the criteria that you are trying to meet, the four points were awarded for
b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant.
This is about your being able to leave your home, it is not about your planning a journey nor is it about you going out once to a place where there was likely a necessity for you to do so.
Do they draw any conclusions from your "social life" that are related to your Mobility?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 3 months ago #225739 by worrywart
Replied by worrywart on topic PIP REVIEW
They make no reference to that in the mobility section Gordon, I’m just not happy about it being on the report as it’s just not true,
The reason for not awarding me points in the planning a journey section on the basis
I’ didn’t seem anxious in the assessment ( she had made several references to me appearing psychologically fragile in other descriptors). I may not have appeared anxious sat in my front room with my husband next to me so I don’t see how that can correlate to the anxiety I feel when planning a journey,
Plus I went to London ( to see an expert in my condition and with my husband )
Plus she said my mental health is being reviewed ( I’ve been referred to a psychiatrist as the traditional methods have not helped with the trauma ).
The reason for not awarding me points in the planning a journey section on the basis
I’ didn’t seem anxious in the assessment ( she had made several references to me appearing psychologically fragile in other descriptors). I may not have appeared anxious sat in my front room with my husband next to me so I don’t see how that can correlate to the anxiety I feel when planning a journey,
Plus I went to London ( to see an expert in my condition and with my husband )
Plus she said my mental health is being reviewed ( I’ve been referred to a psychiatrist as the traditional methods have not helped with the trauma ).
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5 years 3 months ago #225752 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP REVIEW
worrywart
I do understand what you are saying but what I explained in my previous post is the legal test, whether they refer to it or not.
The points you raise are things to bring up in your MR but if you do not explain how you meet the criteria then it will be for nought as you still won't score.
Gordon
I do understand what you are saying but what I explained in my previous post is the legal test, whether they refer to it or not.
The points you raise are things to bring up in your MR but if you do not explain how you meet the criteria then it will be for nought as you still won't score.
Gordon
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5 years 2 months ago #226693 by worrywart
Replied by worrywart on topic PIP REVIEW
Hi Gordon and all,
I did go ahead with the MR Gordon. As you know I lost 4 points on review re planning a journey = loss of motability car, I’ve been in the scheme 30 years, went from DLA to PIP no problem and things have got worse so I submitted the MR. I put in a letter from my psychiatrist re my diagnosis of PTSD, Generalised Anxiety and Panic disorder plus one from my colorectal professor how the catastrophic surgical complications have resulted in severe psychological problems. I explained how I am filled with panic and dread at the thought of going out alone and I am accompanied by my husband or daughter at all times. I’m preparing myself for no extra points although I thought there was caselaw about changing a decision disadvantageously with no reason , is that right Gordon ? Think it’s called judge Mesher case ?
However, I’m reading that they don’t even look at the MR and push people to,appeal ( hence the massive backlogs on the news today ). Is there any truth in this,
I did go ahead with the MR Gordon. As you know I lost 4 points on review re planning a journey = loss of motability car, I’ve been in the scheme 30 years, went from DLA to PIP no problem and things have got worse so I submitted the MR. I put in a letter from my psychiatrist re my diagnosis of PTSD, Generalised Anxiety and Panic disorder plus one from my colorectal professor how the catastrophic surgical complications have resulted in severe psychological problems. I explained how I am filled with panic and dread at the thought of going out alone and I am accompanied by my husband or daughter at all times. I’m preparing myself for no extra points although I thought there was caselaw about changing a decision disadvantageously with no reason , is that right Gordon ? Think it’s called judge Mesher case ?
However, I’m reading that they don’t even look at the MR and push people to,appeal ( hence the massive backlogs on the news today ). Is there any truth in this,
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5 years 2 months ago #226694 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP REVIEW
worrywart
It is certainly the case that MR revision rates are low, the DWP quote 30% but we don't see anything like this on the forum but members do regularly report being successful at MR, see
www.benefitsandwork.co.uk/component/sear...se=all&Itemid=100549
There is Case Law about justifying a Decision but you cannot rely on it at the MR stage.
Gordon
It is certainly the case that MR revision rates are low, the DWP quote 30% but we don't see anything like this on the forum but members do regularly report being successful at MR, see
www.benefitsandwork.co.uk/component/sear...se=all&Itemid=100549
There is Case Law about justifying a Decision but you cannot rely on it at the MR stage.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: worrywart
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5 years 1 month ago #228466 by worrywart
Replied by worrywart on topic PIP REVIEW
Just am update.
After 7 months the review of my pip claim is finally complete. As I explained I lost 4 points on planning a journey so almost lost my car. ( I previously had 8 on mov8ng around and 4 on planning a journey but I lost the 4 on review ). I submitted an MR on 13/2/19 and today had a phone call to say they have reversed their decision and have now awarded me enhanced again. The car was due to go back on Monday and I think I only had a response as I had my MPs support.
It’s been very stressful and I’m not sure I will get another motability car after this experience. She said they had awarded me the extra points under a different cstergory of planning a journey as the rules have changed under this descriptor. I’m so confused by this descriptor and I wish there was an easy way of understanding it all !
But success finally. So don’t give up !
After 7 months the review of my pip claim is finally complete. As I explained I lost 4 points on planning a journey so almost lost my car. ( I previously had 8 on mov8ng around and 4 on planning a journey but I lost the 4 on review ). I submitted an MR on 13/2/19 and today had a phone call to say they have reversed their decision and have now awarded me enhanced again. The car was due to go back on Monday and I think I only had a response as I had my MPs support.
It’s been very stressful and I’m not sure I will get another motability car after this experience. She said they had awarded me the extra points under a different cstergory of planning a journey as the rules have changed under this descriptor. I’m so confused by this descriptor and I wish there was an easy way of understanding it all !
But success finally. So don’t give up !
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