- Posts: 75
× Members
Decision
- Esme999
- Topic Author
- Offline
Less More
5 years 4 months ago #241973 by Esme999
Decision was created by Esme999
I waited 23 weeks for my f2f assessment and in record time less than 3 weeks after my f2f assessment I received a decision letter today to inform me i have went from standard care and higher mobility to standard care and standard mobility. On going award review not before Nov 2029 wheat shipping i shall be 68 years of age. The assessors report has discrepancies regarding my medication dosages uses which have significant bearing on my daily activities of living.
I think my conditions fit descriptors for enhanced car due to the level of assistance and prompting I reported on my completed from and which has not be g given consideration to by the assessor in their report. Possibly enhanced mobility as no relevance was given to being unable to walk any distance without being in pain and any repetition would increase intensify the pain. The assessor referred to me being able to walk for a minute then I would have to rest for 2 but did not take into account I told them I could not then resume without experiencing an increase and intensity in the level of pain I would experience.
The assessors report which I requested prior to receiving the decision letter is almost identical to the DM comments but for one point in that the assessors recommended that I should be assessed again in 18 months and the de Simon letter states on going.
I am of a mind to lodge a MR but the safety of an on going award and being left alone not having to go through this process for the next 10 years as the current situation stands is very tempting to leave well alone and accept the award.
I have read comments by the moderators regarding the possibility of downgrading of an award when an MR has been requested but would like to know if this is just the awards or the time periods both?
Looking for guidance on the above points please
I think my conditions fit descriptors for enhanced car due to the level of assistance and prompting I reported on my completed from and which has not be g given consideration to by the assessor in their report. Possibly enhanced mobility as no relevance was given to being unable to walk any distance without being in pain and any repetition would increase intensify the pain. The assessor referred to me being able to walk for a minute then I would have to rest for 2 but did not take into account I told them I could not then resume without experiencing an increase and intensity in the level of pain I would experience.
The assessors report which I requested prior to receiving the decision letter is almost identical to the DM comments but for one point in that the assessors recommended that I should be assessed again in 18 months and the de Simon letter states on going.
I am of a mind to lodge a MR but the safety of an on going award and being left alone not having to go through this process for the next 10 years as the current situation stands is very tempting to leave well alone and accept the award.
I have read comments by the moderators regarding the possibility of downgrading of an award when an MR has been requested but would like to know if this is just the awards or the time periods both?
Looking for guidance on the above points please
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9011
5 years 4 months ago #241977 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Decision
Hi Esme999
There is always a risk in deciding to ask for a Mandatory Reconsideration. An MR and an appeal re-make the original Decision so it is possible for there to be a reduction in your current award or even it's removal, it doesn't happen very often, but it does happen.
Two things to consider, how secure is your current award, for the Standard rates you need to have scored 8 points, so if your score were higher than this then you have a safety buffer if points are removed.Secondly, are you able to score the extra points to give you an Enhanced award in either the Daily Living or Mobility components? Be harsh with your scoring as the DWP will be. Also, how many points do you need to score, if you already have 11 then getting a higher award will be easier (in principle), than if you only have 8 points and need to score another 4.
I have never heard of someone's length of the award being downgraded, but I suspect there is always a risk it could be.
You can only do what you feel is right and weigh up whether it is the risk. Plenty of people challenge and their award is not changed. Some people challenge and get a better award and there are a few who get a worse award. I can't give you any numbers I'm afraid.
BIS
There is always a risk in deciding to ask for a Mandatory Reconsideration. An MR and an appeal re-make the original Decision so it is possible for there to be a reduction in your current award or even it's removal, it doesn't happen very often, but it does happen.
Two things to consider, how secure is your current award, for the Standard rates you need to have scored 8 points, so if your score were higher than this then you have a safety buffer if points are removed.Secondly, are you able to score the extra points to give you an Enhanced award in either the Daily Living or Mobility components? Be harsh with your scoring as the DWP will be. Also, how many points do you need to score, if you already have 11 then getting a higher award will be easier (in principle), than if you only have 8 points and need to score another 4.
I have never heard of someone's length of the award being downgraded, but I suspect there is always a risk it could be.
You can only do what you feel is right and weigh up whether it is the risk. Plenty of people challenge and their award is not changed. Some people challenge and get a better award and there are a few who get a worse award. I can't give you any numbers I'm afraid.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Esme999
- Topic Author
- Offline
Less More
- Posts: 75
5 years 4 months ago #242017 by Esme999
Replied by Esme999 on topic Decision
Bis I was awarded 9 points for the daily living element and 8 for the Mobility element. I have no fears regarding the mobility element being downgraded as I think the evidence is there to award a higher element under the planning and following a journey and not to take away due to my mobility issues which are deteoriating.
The assessor throughout their report states I showed only "slightly" reduced facial expressions but in the same paragraph states that I was tearful during the assessment which I was as I spent the majority of the 45 minute assessment in tears and him telling me not to worry. He also states that as I was able to complete the assessment with my husband waiting in the reception area then I must not have been anxious ?? words fail me on that one...
He made (2) errors in my dosage of medicaton.
The first being for Depression stating that I am not on the highest dose of Anti depressant despite me having produced as evidence when I submitted my Pip claim form a prescription sheet and a GP list of current medications and dosages. Therefore he states due to me not being on the highest dosage of the Anti depressant in his opinion I did not meet several descriptors. I am on the highest dosage and had he been more diligent in reading my paperwork he would have seen that this is the case he used 150mg once a day in stead of twice a day.
I would argue that his failure to note the correct dosage of medication will therefore have misled both himself and the decision maker about the severity of my condition.
He also made assumptions on my level of pain that I am experiencing stating I am on moderate pain medication when in fact I am on a high dosage of pain medication again I would argue he has misled both himself and the decision maker about the level and intensity of pain I experience and the severity of my condition. He referred to a lower dosage than is actually stated on my prescription sheet.
To be honest I am more concerned about the time limit of the award as I have been researching today and it would appear that although a person may be given an on going award the DWP have the power at any time to review the award without cause please correct me if I am wrong because this information I have gleamed from various online forums and websites. Thanks for your input
The assessor throughout their report states I showed only "slightly" reduced facial expressions but in the same paragraph states that I was tearful during the assessment which I was as I spent the majority of the 45 minute assessment in tears and him telling me not to worry. He also states that as I was able to complete the assessment with my husband waiting in the reception area then I must not have been anxious ?? words fail me on that one...
He made (2) errors in my dosage of medicaton.
The first being for Depression stating that I am not on the highest dose of Anti depressant despite me having produced as evidence when I submitted my Pip claim form a prescription sheet and a GP list of current medications and dosages. Therefore he states due to me not being on the highest dosage of the Anti depressant in his opinion I did not meet several descriptors. I am on the highest dosage and had he been more diligent in reading my paperwork he would have seen that this is the case he used 150mg once a day in stead of twice a day.
I would argue that his failure to note the correct dosage of medication will therefore have misled both himself and the decision maker about the severity of my condition.
He also made assumptions on my level of pain that I am experiencing stating I am on moderate pain medication when in fact I am on a high dosage of pain medication again I would argue he has misled both himself and the decision maker about the level and intensity of pain I experience and the severity of my condition. He referred to a lower dosage than is actually stated on my prescription sheet.
To be honest I am more concerned about the time limit of the award as I have been researching today and it would appear that although a person may be given an on going award the DWP have the power at any time to review the award without cause please correct me if I am wrong because this information I have gleamed from various online forums and websites. Thanks for your input
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9011
5 years 4 months ago #242020 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Decision
Hi Esmee999
Only you can decide if you want to challenge the award. I agree that the idea of your husband sitting in reception throughout your assessment proves that you were not anxious is quite ludicrous and do mention it, but in itself, it won't actually make any difference to how you score - so make sure that you put your greatest effort in challenging the areas which could lead them to change the award.
Just be aware very few people have been successful in challenging the length of the award. It can happen, but it is rare. (That doesn't mean you shouldn't try or you won't be successful).
It is true that the DWP are able to review ongoing awards at any time. I have only heard of two people that this happened to. I suspect the DWP believes there was a probable cause for doing so eg - if someone reported fraud to them (real or malicious) it would trigger them looking at an award and the claimant might never know that is what happened.
BIS
Only you can decide if you want to challenge the award. I agree that the idea of your husband sitting in reception throughout your assessment proves that you were not anxious is quite ludicrous and do mention it, but in itself, it won't actually make any difference to how you score - so make sure that you put your greatest effort in challenging the areas which could lead them to change the award.
Just be aware very few people have been successful in challenging the length of the award. It can happen, but it is rare. (That doesn't mean you shouldn't try or you won't be successful).
It is true that the DWP are able to review ongoing awards at any time. I have only heard of two people that this happened to. I suspect the DWP believes there was a probable cause for doing so eg - if someone reported fraud to them (real or malicious) it would trigger them looking at an award and the claimant might never know that is what happened.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Esme999
- Topic Author
- Offline
Less More
- Posts: 75
5 years 4 months ago #242089 by Esme999
Replied by Esme999 on topic Decision
Thanks for the reply Whats your opinion on the subject of the errors on basing my assessment on a wrong dosage of medication and as a result misleading both himself and the decision maker as he used the lower dosage of medication to justify that I am not on the highest dose of anti depressant therefore I cant be that depressed and on the lower dosage of pain relief so therefore implying I'm not in a great deal of pain.
Would this error in documenting and using the incorrect dosage do you think be enough to challenge their decision?
Are their any statistics to show that following an MR the decision on level of award was reduced?
I'm happy with the length of the award being on going with a contact date of November 2029 but I think I could attain more points to take me into the enhanced bracket for the care element and I am considering making an MR
Would this error in documenting and using the incorrect dosage do you think be enough to challenge their decision?
Are their any statistics to show that following an MR the decision on level of award was reduced?
I'm happy with the length of the award being on going with a contact date of November 2029 but I think I could attain more points to take me into the enhanced bracket for the care element and I am considering making an MR
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9011
5 years 4 months ago #242108 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Decision
Hi Esme999
I'm not an assessor or decision-maker so I don't know what they will say if you challenge that information. But, I do think your argument is a reasonable one to make - particularly as it was a point highlighted by the assessor. However, it is not the medication dosage that earns you any points - so your focus needs to be on how your symptoms prevent or inhibit you from doing the tasks as laid out in the PIP criteria.
There are no statistics that I am aware of that are in the public domain on the number of people who had their award reduced after mandatory reconsideration.
BIS
I'm not an assessor or decision-maker so I don't know what they will say if you challenge that information. But, I do think your argument is a reasonable one to make - particularly as it was a point highlighted by the assessor. However, it is not the medication dosage that earns you any points - so your focus needs to be on how your symptoms prevent or inhibit you from doing the tasks as laid out in the PIP criteria.
There are no statistics that I am aware of that are in the public domain on the number of people who had their award reduced after mandatory reconsideration.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David