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Success at Mandatory Reconsideration for PIP 3 years 2 weeks ago #221702

First of all, I would like to thank Gordon and this amazing website with its resources for all the help and support that has been offered to me and so many others.
After a gruelling and worrying long time, I now have become a success story after mandatory reconsideration of PIP, and was here previously asking for advice.
At first I was awarded 0 points for both care and mobility. After mandatory reconsideration, I have now been awarded standard care (8 points) and standard mobility (10 points). This has also passported me to having the severe disability premium added to my ESA. Incidentally, when they stopped my DLA, my ESA didn’t alter in any way (perhaps I was getting the right amount, not sure).
All money has been backdated to when I lost my DLA and the severe disability premium also to my ESA.
Not everyone is successful at mandatory reconsideration, I know, and feel very grateful.
Thank you so much Gordon. You make such a difference to people’s lives.
All I did want to ask is about appeals. I was awarded 10 points for the mobility component because I am agoraphobic. I can’t actually go out and if I do have to, I have to be accompanied and supported due to severe panic attacks. I do feel that I should receive 12 points because I am unable to go on familiar routes without assistance/someone with me. This has actually been shown by doctors evidence. And I have been this way for over 20 years.
So I have considered taking this on to appeal. I have read your resource about appeals but I am worried, from reading it, that if I do, I may lose the care component, even though I wouldn’t be addressing that. Or I may even lose the mobility altogether, despite all my evidence.
Is this possible?
I read of someone like me who is agoraphobic doing the same but she didn’t attend the tribunal so it was paper based, and I believe she won. But, though I am agoraphobic and will have a panic attack, is it still better to attend or would it look as if I am somehow capable if I do attend because of my agoraphobia? I am very unsure. I certainly don’t wish to risk what I have after having to fight and work hard for it to be recognised, and I fear even losing the disability premium on my ESA.
So just to ask this of you please.
And also to say, I read the decision on the mandatory reconsideration and there are still errors and contradictions. I feel sure they copy and paste. And say odd things, like I was asked to calculate a sum. That never happened! I don’t know how they get away with lying the way they do.
Thank you again Gordon.

Success at Mandatory Reconsideration for PIP 3 years 2 weeks ago #221708


Well done for getting the Decision revised at appeal, congratulations.

First of all, if you appeal and the panel considers your existing award to be at risk then the Judge is required to warn you of this and adjourn the hearing so that you have time to take advice whether to proceed with the appeal or not.

As to you scoring higher, if you are not expecting to score for the moving Around activity then you may struggle.

Undertaking a Journey and Following a Route are considered to be mutually exclusive tasks, if you can't go out then any problems you might have getting to a place will not be considered and by definition, if you have problems following a route then this must mean that you have left your home.

So the only way for you to score higher is for you to fundamentally undermine the reasons that you scored the points you already have.

Are you sure enough of your meeting the higher criteria to do this?

The following user(s) said Thank You: Rebecca
Nothing on this board constitutes legal advice - always consult a professional about specific problems

Success at Mandatory Reconsideration for PIP 3 years 2 weeks ago #221733

Thank you very much Gordon.
I think I understand what you are saying, though I don't understand why 'can't undertake any journey due to psychological distress' would attract less points (as in 10) to can't follow a familiar route without assistance (12), as obviously for anyone who is truly agoraphobic, they might be mutually exclusive in their rules (ridiculous) but both would most certainly apply. Being the way I have for so long means I can't go on familiar or unfamiliar routes without it causing psychological distress and needing assistance. But I do go out, for appointments because sometimes there is no choice. This will be a familiar route and I have to have someone with me.
Though, on the moving around descriptor, it was shown in evidence that I can't move more than 200 metres without feeling dizzy and suffering unreality. The decision is a lie again where it says: 'you said at assessment you can walk at normal pace and without difficulty' (I never said that at all) So they decided I can stand and then move more than 200 metres. As they visited me in my home, and obviously I never moved even close to 200 metres, they made a decision based on a something made up and not the evidence.
I still feel this all needs to be challenged and wonder if I can do it paper based (or if that would put me at a disadvantage even though I have agoraphobia) and whether I run the risk of losing the care component.
Thank you again Gordon.

Success at Mandatory Reconsideration for PIP 3 years 2 weeks ago #221745


This ruling is the result of a three Judge Upper Tier Tribunal, in fact, it was the panel that stated that the two Descriptors were mutually exclusive.

Please understand what this means if you appeal, to score higher. Your current award of 10 points is based on a decision that on the majority of days you cannot reliably leave your house, to meet the criteria for the 12 points, you will have to state that on the majority of days you can, in fact, leave your house but cannot then follow a route to a destination.

This means that you will have to give up the 10 points and the mobility award that you already have in order to meet the criteria for the 12 points. You need to be very certain that you will meet the higher criteria to do this.

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