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Husband LCWRA did not get enough PIP points, worried about taking it to Tribunal

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3 hours 59 minutes ago #312210 by stan
My husband was on ESA and moved to Universal Credit. Because he was in the Support Group, he was automatically given LCWRA.

I applied for PIP for him, but he didn’t get enough points. They even gave him 0 points for managing his medication, even though he can’t measure his doses himself. I asked for a Mandatory Reconsideration, but the decision didn’t change.

I’m thinking about taking it to tribunal, but I’m worried. If he still doesn’t get any PIP points, could that affect his LCWRA? Could they remove it or make him have another assessment?

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2 hours 3 minutes ago #312215 by BIS
Hi Stan

I'm sorry that your husband is in this position. Did he have a telephone assessment for his PIP or a paper-based assessment? If he had a telephone assessment - did you get a copy of the PA4 (assessor's report) - so you understand why he wasn't awarded PIP. If he had a paper-based assessment, then there wouldn't be a report. Most people don't win Mandatory Reconsiderations. He has a better chance of winning at appeal; however, it's important to try and find out why they think he didn't meet the criteria and show them how they were wrong. Many claimants report missing out on the 1 point for managing medication. I'm not saying you didn't do this, but you need to explain why he can't manage it eg link it to a condition. Also, if you didn't do so before, if you go to appeal, include a letter from yourself which covers how you have witnessed his difficulties and what support, practical and or mental, that you have to give. Stick to the issues mentioned under the PIP questions. It doesn't have to be a long letter - one side of A4 is plenty.

Do not worry about his Universal Credit. if he still doesn't get the PIP points it won't affect the decision for the universal credit that has already been made, nor will he suddenly have to have another assessment.

BIS

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

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