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Changes in PIP Law letter. Will request for MR

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5 years 3 months ago #224376 by harper55
Hello, on 14th January my partner received a letter dated 11th January. “Changes in PIP Law -We've looked at your PIP award and it's not changed"
It stated that he can still be awarded the enhanced rate to help with daily living needs from May 2016 to January 2020.
But that he can’t be awarded PIP for help with his mobility needs.
My question is: if he requests an MR with regards to the decision not to award PIP for mobility will they also look again at his PIP award for daily living needs ? The letter does not make it clear, I had thought that the review was about Planning and following journeys, and that the DWP were not looking at help needed for Daily Living.

In 2016 he was only given 13 points for Daily Living. Due to the stress of the PIP process, and my partner's mental health issues we did not question this at the time, despite there being errors and a lot of understatement on the form. He was 'given' 4 points for planning and folllowing journeys.
I am concerned that if they also review the daily living component points may be removed and he will no longer be awarded the enhanced rate.

Thank you for your help with this

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5 years 3 months ago #224386 by Gordon
Harper

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I'm not sure that the decision not to revise the award made in 2016 counts as an appealable Decision but let's park that for the moment.

Why do you want to request an MR, if you did it would be in regard to your partner's conditions as they were in 2016, not now? Which Descriptor did they expect to meet when they were assessed in 2016?

Gordon

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

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5 years 3 months ago #224408 by harper55
Replied by harper55 on topic Changes in PIP Law letter. Will request for MR
Hi Gordon, Thanks for your reply.
In asnwer to your question: in 2016 it was expected they would meet 11f: Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. They needed and still need substantial and complex support when following a familiar route. Detailed information was provided in 2016 with regards to the difficulties and support required when following a familiar route. The 2016 PA3 report marked 1b as applicable “based upon medical probability he would require prompting to undertake a journey to avoid overwhelming psychological distress safely reliably and repeatedly”
The assessor ignored the information provided that explained the substantial and varying difficulties experienced when following a familiar route/making a familiar journey and the information regarding help needed/ provided. They ignored information explaining that my partner cannot go out alone. Since the changes to PIP Law it was our understanding that for someone who needs support due to overwhelming distress whilst following a familiar route, 1f would be applicable.

The letter says that "If you disagree with a decision .. You can ask us to eplain why..... You can ask us to reconsider a decison.... When you have done this you can appeal... "

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5 years 3 months ago #224410 by harper55
Replied by harper55 on topic Changes in PIP Law letter. Will request for MR
Further to my answer to your questions Gordon, and to clarify why we want to request an MR in reponse to the "Change in PIP Law" mobility award decision: in 2016 we thought the decision was wrong but it was less clear whether 1f was applicable to those who experience pyshological distress and cannot undertake a familiar journey unless they are supported by another person, however since MH vs DWP and changes to PIP law, the position is clearer.
The DWP mobility award decision was wrong in 2016 and the DWP "Changes to PIP Law" review decision made in 2019, is also wrong.
The information you provide in the pip_journey.doc supports our concern that both decisions were wrong.

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5 years 3 months ago #224418 by Gordon
Harper

If the DWP is saying that it is appealable then you can request an MR but here is the problem.

The four points they scored would be for

b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. 4 points.

You have also said in your post that they cannot go out on their own, if this is the case on the majority of days then you are saying that they cannot undertake a journey. The PIP Descriptors do not allow a claimant's problems with following a route to be considered if they are unable to leave their house.

This would limit them to (b) or (e) of the Going Out activity, neither of which were affected by the change in the law.

Given that they failed to score higher was there sufficient evidence with there claim to show that a higher award was justified.

If you still want to go for (f) then it's important to understand that you will first need to show that they can leave their house on the majority of days and that the overwhelming psychological distress prevents them from following a route, they will not score simply due to the distress.

Gordon

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

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5 years 3 months ago #224423 by harper55
Replied by harper55 on topic Changes in PIP Law letter. Will request for MR
Thanks Gordon, that clears things up regarding f and being able to go out on the majority of days.
But to return to my original question, which I think will be of relevance to anyone who receives the letter and has not been awarded mobility:
If we decide to appeal against the review of the mobility award will the DWP also look at my partner's Daily Living award?
I read on the Child Poverty Action groups website that "If claimants request a Mandatory Reconsideration of the outcome of the review in the administrative exercise, it will only consider how the judgments apply and not review other aspects of the award."
But I cannot find this information anywhere else, and there is no link to the 'FAQ produced by the DWP.' that CPAG refer to.

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