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PIP Mandatory Reconsideration SUCCESSFUL!!!

5 years 1 month ago #225223 by Betula pendula
PIP Mandatory Reconsideration SUCCESSFUL!!! was created by Betula pendula
Firstly I must give a massive thank you to the creators of this website especially for the members legal guide packs which in my opinion are the absolute Rolls Royce of guides for dealing with benefit claims with the DWP. Subscribing for several years now, they have been a life saver against the dwindling welfare rights advisory services.

Earlier this year my transfer from DLA to PIP came about. Completed the questionnaire using the B&W legal guide and duly returned it complete with additional information and supporting medical evidence. This was an application for both Physical & Mental Health issues. The request for a home visit (backed up with a supporting letter from my GP was agreed to.) A few weeks later and the day arrived for my home assessment. The HP can best be described in his demanour as coming across as a cross between a double glazing salesman and a children's clown entertainer! Although it was difficult to put my finger on it, the assessment just didn't seem to sit right.

I was then dumbfounded to find that the decision for my PIP, whilst giving me the standard rate for 'Daily Living'; had declined the Mobility scoring me zero points for this which was in relation to mental health issues alone. The assessors report was full of anomalies, some downright lies, and in parts it would seem that appropriate additional information that had been expanded on both in the questionnaire and at the assessment, had been mysteriously omitted from inclusion.

The most glaringly obvious contradiction was the statement that my medical history showed no record for a specific mental health issue which was the basis for the mobility component being denied. THIS WAS DESPITE THE SUPPORTING MEDICAL EVIDENCE ALREADY PROVIDED TO THE CONTRARY! So, I find myself embroiled in yet another 3 weeks of my time preparing my Mandatory Reconsideration Request. Again it helped tremendously having access to the B&W guide for this, but I must also thank my landlord's welfare rights adviser for the valuable support and encouragement they gave too.

In view of this month's newsletter for January, 2019 it may be prudent to mention here my experience of trying to gain assistance for the MR by asking my psychiatrist for FME. However, the report originally provided by the psychiatrist over 4 years ago had been made in anticipation of any problems with the DWP. So the stance was that the contents of the said report were still valid. Consequently the psychiatrist wasn't prepared to add FME or expand on this. In all fairness this made sense. Part of my mandatory reconsideration was based on emphasizing the contents of the original report which proved that I had a long and enduring history of numerous mental health issues.

After 6 weeks of stewing and worrying about the outcome I was both astounded and very relieved to find that I have won my case for the MR. Money owed had already been credited to my bank a/c and the standard rate of the mobility had been reinstated. This means that I am now receiving the equivalent payment previously awarded for my DLA.
I am relieved too because I was dreading the long-haul of having to escalate my claim to a Tribunal and having to face the courtroom.

The who;e process has served to exacerbate my physical and mental health problems. Bearing in mind that the previous year had my ESA being reviewed with unnecessary wrangling with the DWP over a home visit, which was initially denied. Eventually they conceded with FME from my GP (which incidentally was an identical letter to one already provided with the ESA50). Having to get my MP involved is probably what had some influence on their change of mind as he had made it clear to the DWP that he would be keeping a very close eye on proceedings.

The point is the ridiculous lengths ill and disabled claimants are having to go to to make benefit claims and remain on them with the reviews. The fact that the whole process easily compounds and exacerbates health issues is all to easily being ignored. I think the idea is to hope we as claimants will just ;give up' and not fight our corner. And as far as Mental Health is concerned, it is obvious to myself that discrimination is still an issue here. I have a friend who has recently just had her PIP stopped completely having scored zero points across the board. She too has a long and enduring history of severe mental health issues that have blatantly been ignored in her assessment. Obviously, I am trying to give her as much support and help as I can but she has now got the unenvlable task of filing her MR/appealing. Something she will struggle with because of her poor mental health. In a recent telephone conversation with her she broke down because of how this negative decision was affecting her.

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5 years 1 month ago #225239 by Gordon
Replied by Gordon on topic PIP Mandatory Reconsideration SUCCESSFUL!!!

I'm sorry to hear it was so protracted but congratulations on getting the award revised at the MR stage, that's no easy thing to do, well done.


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