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Changes in PIP Law letter. Will request for MR
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5 years 3 months ago #224426 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Changes in PIP Law letter. Will request for MR
Harper
It is untested, the review is only in regard to the claimant's mobility and the Minister at the time has said that claimants would not be worse off as a result of the review, however, there were no changes to the law and this is an operational decision by the DWP.
So I would not expect an MR to look at the Daily Living component, in these specific circumstances, but there is nothing stopping them doing so.
Gordon
It is untested, the review is only in regard to the claimant's mobility and the Minister at the time has said that claimants would not be worse off as a result of the review, however, there were no changes to the law and this is an operational decision by the DWP.
So I would not expect an MR to look at the Daily Living component, in these specific circumstances, but there is nothing stopping them doing so.
Gordon
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5 years 3 months ago #224440 by harper55
Replied by harper55 on topic Changes in PIP Law letter. Will request for MR
Sorry to ask another question, but I find this review process very confusing.
In your reply you say ‘ This would limit them to (b) or (e) of the Going Out activity, neither of which were affected by the change in the law.”
So are you saying that if they have looked at all the evidence and it emerged that (e) was applicable and should have been applicable in 2016 the DWP do not have to change the decision to award for help with mobility ?
And if this we ask for an MR the award will not change even if (e) is applicable?
In 2016 the information regarding meeting (e) was that it was most likely to apply to someone, for example who had agraphobia and never left their house and that it would not apply to someone who rarely left their house.
In your reply you say ‘ This would limit them to (b) or (e) of the Going Out activity, neither of which were affected by the change in the law.”
So are you saying that if they have looked at all the evidence and it emerged that (e) was applicable and should have been applicable in 2016 the DWP do not have to change the decision to award for help with mobility ?
And if this we ask for an MR the award will not change even if (e) is applicable?
In 2016 the information regarding meeting (e) was that it was most likely to apply to someone, for example who had agraphobia and never left their house and that it would not apply to someone who rarely left their house.
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5 years 3 months ago #224463 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Changes in PIP Law letter. Will request for MR
Harper
No, if it is accepted that they meet the criteria for an award then it has to be applied.
I don't know the terms of reference for the team looking through claimants Mobility award. It was only Descriptors (c), (d) and (e) that were affected by the legislation change so it is not clear whether they are looking at the other Descriptors or not.
If they aren't then this neither helps nor hinders an MR for (e) but if they have then it shows that the evidence available is weak and you will need to be prepared to go onto appeal, the latter also applies if you are seeking (d) or (f).
The criteria for (e) has not changed at all, due to the reliability criteria the test is not "never" but the standard will be high as DMs and assessors are told that any day in which the claimant could go out, albeit for a short period in that day will not count towards the majority of days.
Gordon
No, if it is accepted that they meet the criteria for an award then it has to be applied.
I don't know the terms of reference for the team looking through claimants Mobility award. It was only Descriptors (c), (d) and (e) that were affected by the legislation change so it is not clear whether they are looking at the other Descriptors or not.
If they aren't then this neither helps nor hinders an MR for (e) but if they have then it shows that the evidence available is weak and you will need to be prepared to go onto appeal, the latter also applies if you are seeking (d) or (f).
The criteria for (e) has not changed at all, due to the reliability criteria the test is not "never" but the standard will be high as DMs and assessors are told that any day in which the claimant could go out, albeit for a short period in that day will not count towards the majority of days.
Gordon
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5 years 3 months ago #224464 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Changes in PIP Law letter. Will request for MR
Harper
No, if it is accepted that they meet the criteria for an award then it has to be applied.
I don't know the terms of reference for the team looking through claimants Mobility award. It was only Descriptors (c), (d) and (e) that were affected by the legislation change so it is not clear whether they are looking at the other Descriptors or not.
If they aren't then this neither helps nor hinders an MR for (e) but if they have then it shows that the evidence available is weak and you will need to be prepared to go onto appeal, the latter also applies if you are seeking (d) or (f).
The criteria for (e) has not changed at all, due to the reliability criteria the test is not "never" but the standard will be high as DMs and assessors are told that any day in which the claimant could go out, albeit for a short period in that day will not count towards the majority of days.
Gordon
No, if it is accepted that they meet the criteria for an award then it has to be applied.
I don't know the terms of reference for the team looking through claimants Mobility award. It was only Descriptors (c), (d) and (e) that were affected by the legislation change so it is not clear whether they are looking at the other Descriptors or not.
If they aren't then this neither helps nor hinders an MR for (e) but if they have then it shows that the evidence available is weak and you will need to be prepared to go onto appeal, the latter also applies if you are seeking (d) or (f).
The criteria for (e) has not changed at all, due to the reliability criteria the test is not "never" but the standard will be high as DMs and assessors are told that any day in which the claimant could go out, albeit for a short period in that day will not count towards the majority of days.
Gordon
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5 years 3 months ago #224504 by harper55
Replied by harper55 on topic Changes in PIP Law letter. Will request for MR
Thanks Gordon.
The evidence provided was not weak. It provided detailed information regarding difficulties, which are severe and varied. Detailed information was also provided with regards to the help and support needed and provided, which goes way beyond prompting. Strong examples were also given. My guess is they just looked at the medical report, or the form which didn't have space for detailed evidence/info.
I think our best way forward is to ask them to send information regarding what evidence they looked at when making their decision, ask which Descriptors they are looking at for the purposes of this LEAP review, and how they came to their decision.
I believe that if we ask for this in writing, we have a month from when we receive their reply in which to ask for an MR. Please confirm if this is the case, thank you.
The evidence provided was not weak. It provided detailed information regarding difficulties, which are severe and varied. Detailed information was also provided with regards to the help and support needed and provided, which goes way beyond prompting. Strong examples were also given. My guess is they just looked at the medical report, or the form which didn't have space for detailed evidence/info.
I think our best way forward is to ask them to send information regarding what evidence they looked at when making their decision, ask which Descriptors they are looking at for the purposes of this LEAP review, and how they came to their decision.
I believe that if we ask for this in writing, we have a month from when we receive their reply in which to ask for an MR. Please confirm if this is the case, thank you.
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5 years 3 months ago #224521 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Changes in PIP Law letter. Will request for MR
Harper
I haven't seen one of the Decision Letters for the review but PIP Decision Letters usually include the Decision Makers Statement of Reasons, if yours had then it is very unlikely that you will be able to get any more information from then.
If it doesn't then you need to make a formal request for the DM's SoR, make it clear that our MR request is pending your receiving and reviewing this.
If you decide to go straight to MR then you need to decide what argument you are going to put forward; that they are unable to undertake a journey or that they are unable to follow a route, you cannot argue both.
Gordon
I haven't seen one of the Decision Letters for the review but PIP Decision Letters usually include the Decision Makers Statement of Reasons, if yours had then it is very unlikely that you will be able to get any more information from then.
If it doesn't then you need to make a formal request for the DM's SoR, make it clear that our MR request is pending your receiving and reviewing this.
If you decide to go straight to MR then you need to decide what argument you are going to put forward; that they are unable to undertake a journey or that they are unable to follow a route, you cannot argue both.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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