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Pip Mandatory reconsideration advice.
- corogirl66
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7 years 4 months ago #204736 by corogirl66
Pip Mandatory reconsideration advice. was created by corogirl66
I have been on pips for around 2 years and am in the support group on ESA for around the same length of time. Recently I was called in for a F2F appointment after filling in the new Pip form. Two weeks after the f2f I received a letter advising the decision. Previously I was awarded the higher rate (16 points for daily living - 12 points for enhanced mobility) for both Pip components. This new outcome ruled I only reached the standard daily living(11 points) but did retain the higher rate mobility,(12 points)
After carefully reading the DMs letter it was clear I was awarded zero points for help with medication (previously 1 point) and no help with difficult budgeting decisions.
I feel I certainly qualify for the two descriptors. I have a large array of meds and rely on my carer to remind me or give me the correct dosages. I am on high Morphine doses and Matrifen patches. When left to my own devices I have taken more than I should have without realising. This finds me very violently ill for 12-14 hours and then completely drained for several days. My meds also can change depending on my pain levels. Due to chronic fatigue and illness I often have to be woken to take other medications on schedule.I can also become confused and worry I may miss medication or take too much which is very dangerous. My carer has to apply a analgesic cream on my spine 3 times a day as I am unable to do so due to my mobility issues. I suffer with anxiety and also have to take meds for this to stop me from being too stressed. I also take anti depressants as my health makes me depressed both clinicallly (hypothyroidism) and mentally. I have survived Breast cancer after radical surgery. Chemo and Radio therapy but it have taken a large toll on me both physically and mentally.
I have really only skimmed my conditions but hopefully this gives the reader a reasonable basis to justify the descriptor for needing help " Managing a therapy or monitoring a health condition"
The second descriptor is help with complex budgeting. This was overruled as I was deemed to engage well at the f2f and offer ntelligent answers ( Yes, No etc) .
I am able to realibly deal with money And I'm not hindered by small exchanges ,however to deal and balance a budget is difficult for me. Partially as I am subdued mentally by my medications and conditions, Which makes it difficult balancing the household budget. I easily become agitated, overwhelmed and perplexed. I feel this warrants the original award findings .
I am only 1 point off the enhanced award for the daily living component I feel I should challenge this decision with the help of my carer. I feel I struggle significantly with daily living.
Re the Mobility component the DM stated I failed to meet the descriptor previously gained for , "You need prompting from another person to undertake a journey to avoid causing significant mental distress- 4 points" citing again that I do not receive any help for mood or concentration.
Instead they gave me 12 points for loss,of mobility. I realise I have enough points here for the enhanced rate of mobility but I'm worried that not challenging this decision may affect my next assessment for anxiety. I am concerned as I do suffer from anxiety which the DM has brushed aside saying I don't receive any help for concentration or mood disorders. However I am on medication for both depression and Anxiety .
My carer feels I should ask my Dr to write a letter to support evidence of these ailments along with another list of my medications to reiterate this fact.
I would sincerly appreciate any advice as to whether I should proceed to a mandatory reconsideration. My award is for 2 years for daily living and one year for mobility.
Lastly, Thank you for this opportunity and to my wonderful carer for helping me with this content.
Please can you offer me any advice as the DM
After carefully reading the DMs letter it was clear I was awarded zero points for help with medication (previously 1 point) and no help with difficult budgeting decisions.
I feel I certainly qualify for the two descriptors. I have a large array of meds and rely on my carer to remind me or give me the correct dosages. I am on high Morphine doses and Matrifen patches. When left to my own devices I have taken more than I should have without realising. This finds me very violently ill for 12-14 hours and then completely drained for several days. My meds also can change depending on my pain levels. Due to chronic fatigue and illness I often have to be woken to take other medications on schedule.I can also become confused and worry I may miss medication or take too much which is very dangerous. My carer has to apply a analgesic cream on my spine 3 times a day as I am unable to do so due to my mobility issues. I suffer with anxiety and also have to take meds for this to stop me from being too stressed. I also take anti depressants as my health makes me depressed both clinicallly (hypothyroidism) and mentally. I have survived Breast cancer after radical surgery. Chemo and Radio therapy but it have taken a large toll on me both physically and mentally.
I have really only skimmed my conditions but hopefully this gives the reader a reasonable basis to justify the descriptor for needing help " Managing a therapy or monitoring a health condition"
The second descriptor is help with complex budgeting. This was overruled as I was deemed to engage well at the f2f and offer ntelligent answers ( Yes, No etc) .
I am able to realibly deal with money And I'm not hindered by small exchanges ,however to deal and balance a budget is difficult for me. Partially as I am subdued mentally by my medications and conditions, Which makes it difficult balancing the household budget. I easily become agitated, overwhelmed and perplexed. I feel this warrants the original award findings .
I am only 1 point off the enhanced award for the daily living component I feel I should challenge this decision with the help of my carer. I feel I struggle significantly with daily living.
Re the Mobility component the DM stated I failed to meet the descriptor previously gained for , "You need prompting from another person to undertake a journey to avoid causing significant mental distress- 4 points" citing again that I do not receive any help for mood or concentration.
Instead they gave me 12 points for loss,of mobility. I realise I have enough points here for the enhanced rate of mobility but I'm worried that not challenging this decision may affect my next assessment for anxiety. I am concerned as I do suffer from anxiety which the DM has brushed aside saying I don't receive any help for concentration or mood disorders. However I am on medication for both depression and Anxiety .
My carer feels I should ask my Dr to write a letter to support evidence of these ailments along with another list of my medications to reiterate this fact.
I would sincerly appreciate any advice as to whether I should proceed to a mandatory reconsideration. My award is for 2 years for daily living and one year for mobility.
Lastly, Thank you for this opportunity and to my wonderful carer for helping me with this content.
Please can you offer me any advice as the DM
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- Gordon
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7 years 4 months ago #204755 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip Mandatory reconsideration advice.
corogirl66
Only you can make the decision to request and MR or not, be aware that doing so means that your whole award will be looked at and whilst it would be unusual, this can mean points are deducted as well as added.
Your arguments for the Daily Living Points are OK but I don't find them compelling, especially for Budgeting, it may be that you have not included the information in your post but they do not say to me that this person must score the points.
As to the Mobility award, the Decision Makers comments suggest that your were previously awarded the higher rate for meeting Descriptor (f) of the Going Out activity. If this was the case and based on the contents of your post, you currently cannot meet this criteria as this Descriptor and several others were modified in March 2016 to specifically exclude "psychological distress" as a reason to award points.
If you want to go ahead with an MR then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Only you can make the decision to request and MR or not, be aware that doing so means that your whole award will be looked at and whilst it would be unusual, this can mean points are deducted as well as added.
Your arguments for the Daily Living Points are OK but I don't find them compelling, especially for Budgeting, it may be that you have not included the information in your post but they do not say to me that this person must score the points.
As to the Mobility award, the Decision Makers comments suggest that your were previously awarded the higher rate for meeting Descriptor (f) of the Going Out activity. If this was the case and based on the contents of your post, you currently cannot meet this criteria as this Descriptor and several others were modified in March 2016 to specifically exclude "psychological distress" as a reason to award points.
If you want to go ahead with an MR then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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