Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Our fortnightly bulletin, with over 80,000 subscribers, is the UK's leading source of benefits news. Find out what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.

Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: PIP Review

PIP Review 2 months 3 weeks ago #233137

Gordon,

Thank you for your advice.

In hindsight I agree with regarding not scoring some points in the daily living component.

However, i beleive I have grounds for the going out component becuase due to my mental health I get very confused and anxious and distressed when having to negotiate unfamiliar routes on my own even in the car. It if for this reason that my brother or nephew always accompanies to keep me calm and ensure my safety. In terms of sensory impairment I have hearing loss in both ears and wear hearing aids in both ears. Would hearing loss meet sensory impairment criteria.

If as you advised I do not request a mandatory reconsideration then can I write to DWP and mention points that that need to look again and hope they make changes on this basis. Obviously I cannot request mandatory reconsideration for just the mobility component or can I?

How do i approach this one because although I have been awarded 10 points for mobility which I am happy with I strongly beleive that I should have been awarded some points under planning and following jouney component and hence an enhanced award.

Can you please adviceme on how to approach this without risking the full award that has been given?

Thanks

Please Log in or Create an account to join the conversation.

PIP Review 2 months 3 weeks ago #233143

  • Gordon
  • Away
  • Posts: 45345
Hari

So you are arguing

d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid.

Your arguments need to be centred on you being unable to navigate the route and the reason for this must be that you have suffered "overwhelming psychological distress". So the order of things has to be unable to follow the route... ...due to OPD... ...caused by A.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP Review 2 months 3 weeks ago #233157

Gordon,

Thank you for your advise, it is mush appreciated.

Yes, I need claim under D as you have suggested. However, Going by what you advised abot manadatory reconsideration earlier can I just do a part one on mobility component without my whole award being looked at or would DWP go aheard and look at at whole award again.

This is very scarryand I am beging to panic at the the prospect of loosing my award if request a mandatory reconsideration and also being denied the correct award that I feel I am eligible for if I do not do anything.

Thanks

Please Log in or Create an account to join the conversation.

PIP Review 2 months 3 weeks ago #233167

  • Gordon
  • Away
  • Posts: 45345
Hari

I'm afraid you cannot restrict an MR to just the Mobility component the DWP are entitled to look at both but if you state that you are happy with the Daily Living award then they are less likely to re-visit that part of the Decision.

Gordon
The following user(s) said Thank You: Hari

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP Review 3 weeks 6 days ago #236263

I took a chance and requested a MR for the award I had been given in my recent review. Although I was happy to have given an enhanced rate under the daily living component and standard rate under mobility and going out I disagreed with either no points or lesser points awarded in certain of the categories even though the HP has recorded my restrictions in the report but failed to give the necessary points due. The person who looked my MR has not changed the original award and I am still getting the same unless I disagree with this and the next step would be to appeal and take this to a tribunal.

Although, I have grounds to take this further and go for the tribunal this will take immense toll on me both mentally and physically and this is something I want to avoid as my health is poor as it is.

I did make it clear in the MR that although I was happy with the award being given at these rates I was in disagreement with some facts was being overlooked in the disputed categories and no points or lesser points being awarded and these needed to be looked at again. An example of this in the "dressing and Undressing" where the HP clearly stated that I need help to dress and undress my upper body and as such I should have been awarded 4 points , as correctly awarded in my previous assessment, but on this occasion only 2 points were awarded.

In another example under “Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid” the HP was informed and has recorded that I need assistance from my brother to manage this activity as I get distressed, confused and agitated if left to carry out this task on my own. Furthermore, I also have hearing loss in both ears and this also has an impact and I assumed that this would be covered under sensory impairment.

I am not sure if the MR would have been looked by the decision maker or case manager unless of course they are both the same as there is no indication of title after the signature in the letter.

I am so confused now because part of me is saying you have good grounds to appeal and the other is saying just accept this award rather than going through the unnecessary stress of an appeal which would take months. Maybe in the next review I need to concentrate on the descriptors where I have not been given any or lesser points and use the correct terminology to get my points across?

It is a relief I have been given an award rather than not getting one at all but I feel aggrieved that certain facts have been overlooked.

I do however feel it necessary to make an official complaint in the manner in which this award has been made and facts being overlooked or ignored. Can I make lodge a complaint to DWP on this and if so who do I address my complaint to?

Any advice on this would be very welcome.

Please Log in or Create an account to join the conversation.

PIP Review 3 weeks 6 days ago #236269

Hi Hari

Only you can decide whether or not to put in an appeal, but appeals are taking at least 42 weeks. The person who did the MR is not the decision-maker, it is someone new.

One of the things that might help you decide is the length of your award. You are likely to get a review six months before the end date. So if you only have two or three years you may decide it's not worth the stress of putting in an appeal.

You say that some things were ignored and that is not uncommon. Yes, the assessor may be mistaken, but sometimes it is their judgment that the impact of a condition is not enough to warrant additional points. For example - the hearing loss. If you wear hearing aids, there will be an assumption (sometimes incorrectly) that your hearing is improved by wearing them - therefore unless you make it very clear that you still have difficulties despite the hearing aids they are likely to dismiss it. It's not enough just to say that you have the hearing loss.

BIS

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Moderators: GordonGaryBIS