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MR clarification
- greenfield
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6 years 10 months ago #222638 by greenfield
MR clarification was created by greenfield
Hi,
I’m totally confused regarding reward lengths.
I have MS. My first award was for 3 years.
The second assessor recommended a review after 4 years, but he reduced my award on review so I had to go to court. The award was reinstated but I had another assessment last month. This assessor has recommended a review after one year with no justification for this. I also feel that I should have got 2 more points for incontinence pads and the assessor has completely left out my evidence for this.
In fact she has only listed 2 items of evidence when I sent a lot more.
The two extra points wouldn’t increase my award. I am happy with the award even thought it is only 8 points for each which just gives me standard for both.
What worries me is the next assessment. That would be the 4th one in 4 years.
I think it is inappropriate for a progressive condition such as MS.
Do you think I should request an MR or is it pointless. I rang PIP today and the guy said they never decrease awards on MR anyway but I don’t believe this.
Do you think it’s not worth risking my award.
The pip assessor guidelines show that short term fixed awards are appropriate if the condition would improve and the evidence suggests this. This is what is bothering me. None of my evidence suggests my MS is improving. So confused but don’t want to shoot myself in the foot!
Thanks in advance.
I’m totally confused regarding reward lengths.
I have MS. My first award was for 3 years.
The second assessor recommended a review after 4 years, but he reduced my award on review so I had to go to court. The award was reinstated but I had another assessment last month. This assessor has recommended a review after one year with no justification for this. I also feel that I should have got 2 more points for incontinence pads and the assessor has completely left out my evidence for this.
In fact she has only listed 2 items of evidence when I sent a lot more.
The two extra points wouldn’t increase my award. I am happy with the award even thought it is only 8 points for each which just gives me standard for both.
What worries me is the next assessment. That would be the 4th one in 4 years.
I think it is inappropriate for a progressive condition such as MS.
Do you think I should request an MR or is it pointless. I rang PIP today and the guy said they never decrease awards on MR anyway but I don’t believe this.
Do you think it’s not worth risking my award.
The pip assessor guidelines show that short term fixed awards are appropriate if the condition would improve and the evidence suggests this. This is what is bothering me. None of my evidence suggests my MS is improving. So confused but don’t want to shoot myself in the foot!
Thanks in advance.
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- Gordon
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6 years 10 months ago #222650 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MR clarification
Mrs J
I have to pick up on something that you have said and it is a common misconception, the prognosis is not based on the claimant's conditions improving, assessors are told to consider the likely progression of the condition and whether it is likely to improve, stay the same or worsen.
It is very rare for the points already awarded to be reduced but it does happen and it is something that you must consider in making a request for an MR.
I also have to say that we have not seen huge success in challenging the length of an award on its own, it is very unlikely that it will be revised at the MR stage and you need to consider whether you are prepared to go on to appeal.
Gordon
I have to pick up on something that you have said and it is a common misconception, the prognosis is not based on the claimant's conditions improving, assessors are told to consider the likely progression of the condition and whether it is likely to improve, stay the same or worsen.
It is very rare for the points already awarded to be reduced but it does happen and it is something that you must consider in making a request for an MR.
I also have to say that we have not seen huge success in challenging the length of an award on its own, it is very unlikely that it will be revised at the MR stage and you need to consider whether you are prepared to go on to appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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