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Appealing unchanged PIP award
- Everhopeful
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6 hours 14 minutes ago #312630 by Everhopeful
Appealing unchanged PIP award was created by Everhopeful
Hi
My daughter recently had a review, giving the same award as the original. We felt the original decision seemed wrong at the time on a number of levels, but we felt the overall score of 11 points for the daily living component was probably appropriate at that time, hence accepted it. Her situation has worsened on a number of levels plus we wanted some of the original scores revisited as we feel they weren’t understood properly at that time, or perhaps we were unable to express it well. The mandatory reconsideration produced the information that they had only done a quick skim the first time and hadn't really read anything, so they said they would do this. The result is still no change to the score and she only has a two year award when previously she was given three. None of her conditions is likely to improve, though it's possible one or two scores could be better by then, though it's likely she would still qualify for the Enhanced rate if the scores were correct.
It feels as though we should go to Tribunal - but we're doing it because the DWP appears not to be reading what we send. Does that feel likely?
My daughter recently had a review, giving the same award as the original. We felt the original decision seemed wrong at the time on a number of levels, but we felt the overall score of 11 points for the daily living component was probably appropriate at that time, hence accepted it. Her situation has worsened on a number of levels plus we wanted some of the original scores revisited as we feel they weren’t understood properly at that time, or perhaps we were unable to express it well. The mandatory reconsideration produced the information that they had only done a quick skim the first time and hadn't really read anything, so they said they would do this. The result is still no change to the score and she only has a two year award when previously she was given three. None of her conditions is likely to improve, though it's possible one or two scores could be better by then, though it's likely she would still qualify for the Enhanced rate if the scores were correct.
It feels as though we should go to Tribunal - but we're doing it because the DWP appears not to be reading what we send. Does that feel likely?
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- BIS
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5 hours 52 minutes ago #312633 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Appealing unchanged PIP award
Hi Everhopeful
Only 27% of claimants win Mandatory Reconsiderations, so it is not surprising that they did not change their minds. You said that your daughter had a review, but you haven't said what type of assessment she had. if she had a telephone/video or face-to face assessment there would have been an assessment report. If she had a paper-based assessment there won't be a report. I only ask about the assessment report because it is hard to fight an MR if you don't understand how they came to their decision. There should be more on the assessment report than there is in a decision letter.
Two years is not long for an award, but on average, awards are being made for shorter periods.
Should you go for a Tribunal? I can't tell you whether you should, but yes, it is a possibility that they haven't read what you submitted. It's also possible they read it, but didn't understand it, or they read it, but didn't agree with you about the level of her needs. (At least you would know if there was an assessment report - PA4).
A Tribunal panel will read what you said. I would include in your appeal that you expect a longer term. Tribunal panels don't always get involved with the length, but it's worth addressing it.
BIS
Only 27% of claimants win Mandatory Reconsiderations, so it is not surprising that they did not change their minds. You said that your daughter had a review, but you haven't said what type of assessment she had. if she had a telephone/video or face-to face assessment there would have been an assessment report. If she had a paper-based assessment there won't be a report. I only ask about the assessment report because it is hard to fight an MR if you don't understand how they came to their decision. There should be more on the assessment report than there is in a decision letter.
Two years is not long for an award, but on average, awards are being made for shorter periods.
Should you go for a Tribunal? I can't tell you whether you should, but yes, it is a possibility that they haven't read what you submitted. It's also possible they read it, but didn't understand it, or they read it, but didn't agree with you about the level of her needs. (At least you would know if there was an assessment report - PA4).
A Tribunal panel will read what you said. I would include in your appeal that you expect a longer term. Tribunal panels don't always get involved with the length, but it's worth addressing it.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Everhopeful
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5 hours 38 minutes ago #312639 by Everhopeful
Replied by Everhopeful on topic Appealing unchanged PIP award
Sorry, I didn't say. No, the review was entirely paper-based, though they claim to have taken some evidence in a phone call: all that did was to ask us to confirm that we wanted the MR! No evidence was either requested or discussed at all, though perhaps they would have tried if it hadn't been an inconvenient time. I would not have wanted it by phone. They admitted previously there had been no report. Since it wasn't a face to face, or phone MR, I'm doubtful there is one yet, so there isn't really anything to go on.
Judgement call, isn't it?!
Judgement call, isn't it?!
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5 hours 23 minutes ago #312641 by BIS
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Replied by BIS on topic Appealing unchanged PIP award
Hi Everhopeful
I thought it might have been a paper-based assessment. And then your MR was essentially the same because you were never given the chance to submit additional information. We always advise never to give information for an MR over the phone - you have no idea what the call-handler has recorded of what you said, and you might have wanted to question more issues if you had done it on paper.
If you decide to go for a Tribunal, make sure that you have a look at the different guides available on the PIP Appeals. If you believe they got it wrong - then go for it and say what you think she should have scored for the different questions and why.
BIS
I thought it might have been a paper-based assessment. And then your MR was essentially the same because you were never given the chance to submit additional information. We always advise never to give information for an MR over the phone - you have no idea what the call-handler has recorded of what you said, and you might have wanted to question more issues if you had done it on paper.
If you decide to go for a Tribunal, make sure that you have a look at the different guides available on the PIP Appeals. If you believe they got it wrong - then go for it and say what you think she should have scored for the different questions and why.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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