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PiP Mandatory Reconsideration help please
- thisandthat
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7 years 1 month ago #209424 by thisandthat
PiP Mandatory Reconsideration help please was created by thisandthat
Hello I have a couple of questions regarding how and what to tackle with my husbands PIP decision. My husband has degenerative physical conditions and Mental health history. He wasn’t mentally able to face the questionnaire, nor is he in the mindset to challenge the latest PIP decision. But as his main carer I am and will challenge this for him.Despite me having to fill out the pip questionnaire on his behalf, with all the possible information needed using the guides and advice available, it hasn’t made a difference to the awards given, even though I reported a change in circumstances, with 2 years left on the existing award.
We have both read the F2F medical report, and can see why the DM came to such conclusions in her explanation of the awards. The F2F report is nothing less than shambolic, so much so I’m not sure it’s even my husbands report! There are so many omissions and incorrectly filled sections I do not know where to start. And as for that F2F in January, my husband has not been out of the house since, I can’t even get him to go to his G.P or positive steps and have cancelled his physio appointments. He received standard rate for mobility and daily living again, despite the change in his health.
Anyway my questions are:
Will it be alright as his carer and act on his behalf gathering the facts needed for the Mandatory Reconsideration process, and he signs it? Or will it be better to have an added statement from myself as his carer, and also witness to the F2F trial?
How and who do I challenge? The medical report because it is so full of mistakes and omissions, that it truly lacks any credibility, let alone the experience of the F2F by the paramedic who carried it out. Or should it be the DM because of the descriptors that she has awarded (or not) as is the case. And her choices must have been heavily influenced by the AP report.
I have the all the guides, it is just a bit bewildering to know where to start. I feel I can’t say anything more than what went into the questionnaire regarding my husbands issues. I used the guides for that and advice, it just appears that nobody has even read it or the evidence. It’s a great site, and I thank you in advance for any replies. I am really up for this challenge, it just seems so unfair for so many people. If yo didn’t have a mental health problem before, you surely would have if anyone is unfortunate to have to fight for any benefits. 13 years of endless problems and near financial ruin for our family by the DWP, has made sure my husband now has anxiety,mental health issues and dark thoughts a lot. Who ever thinks life on benefits is easy is wrong, oh unless you believe everything on T.V.
We have both read the F2F medical report, and can see why the DM came to such conclusions in her explanation of the awards. The F2F report is nothing less than shambolic, so much so I’m not sure it’s even my husbands report! There are so many omissions and incorrectly filled sections I do not know where to start. And as for that F2F in January, my husband has not been out of the house since, I can’t even get him to go to his G.P or positive steps and have cancelled his physio appointments. He received standard rate for mobility and daily living again, despite the change in his health.
Anyway my questions are:
Will it be alright as his carer and act on his behalf gathering the facts needed for the Mandatory Reconsideration process, and he signs it? Or will it be better to have an added statement from myself as his carer, and also witness to the F2F trial?
How and who do I challenge? The medical report because it is so full of mistakes and omissions, that it truly lacks any credibility, let alone the experience of the F2F by the paramedic who carried it out. Or should it be the DM because of the descriptors that she has awarded (or not) as is the case. And her choices must have been heavily influenced by the AP report.
I have the all the guides, it is just a bit bewildering to know where to start. I feel I can’t say anything more than what went into the questionnaire regarding my husbands issues. I used the guides for that and advice, it just appears that nobody has even read it or the evidence. It’s a great site, and I thank you in advance for any replies. I am really up for this challenge, it just seems so unfair for so many people. If yo didn’t have a mental health problem before, you surely would have if anyone is unfortunate to have to fight for any benefits. 13 years of endless problems and near financial ruin for our family by the DWP, has made sure my husband now has anxiety,mental health issues and dark thoughts a lot. Who ever thinks life on benefits is easy is wrong, oh unless you believe everything on T.V.
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7 years 1 month ago #209453 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PiP Mandatory Reconsideration help please
Jonathan
If your husband is able to understand what is going on and agrees with what you are doing then it is OK for you to represent him providing he signs any documents.
If he is not capable of doing this then you cannot legally act on his behalf although this does not necessarily mean that you can't. You really need to apply to be his appointee and this will allow you to legally act on his behalf.
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 his 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 need to tackle the Decision from two directions, first go back to his claim form and make sure that you have shown that he meets the criteria to score the points you expected. Remember he needs to complete the activities reliably on the majority of days.
Secondly deal with the report, if you can stick to arguing matters of fact rather than the assessors opinions unless you can show by reference to your evidence that it is clearly wrong.
Gordon
If your husband is able to understand what is going on and agrees with what you are doing then it is OK for you to represent him providing he signs any documents.
If he is not capable of doing this then you cannot legally act on his behalf although this does not necessarily mean that you can't. You really need to apply to be his appointee and this will allow you to legally act on his behalf.
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 his 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 need to tackle the Decision from two directions, first go back to his claim form and make sure that you have shown that he meets the criteria to score the points you expected. Remember he needs to complete the activities reliably on the majority of days.
Secondly deal with the report, if you can stick to arguing matters of fact rather than the assessors opinions unless you can show by reference to your evidence that it is clearly wrong.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 1 month ago #209559 by thisandthat
Replied by thisandthat on topic PiP Mandatory Reconsideration help please
Thank you Gordon. I see what you mean, I have checked his claim form and I do believe this to be inline with his current worsening problems, by comparison of the DLA to PIP claim form, of which he was awarded standard rate for both components in December 2016. The choice was to inform the DWP of changes, which resulted in another claim form and F2F 12 months since the first one.
Firstly his depression and anxiety has got worse and is now managed by stronger anti depressant medication and has been increased twice, this medication was not present at all on the first pip claim, so that has to be a change surely? Even though he had mental health history at the time this was not considered by the MR to be a significant problem in 2016.
The current MR has got his prescription medication details incomplete, and all dosages are wrong, stating his pain is managed by over the counter medication? The only over the counter stuff is Voltarol, and vitamin tablet, all of which were recorded on his claim with all of the prescription meds which are for depression, anxiety, several for pain to tackle osteoarthritis,anti acid. Also in the prescription is a paracetamol, which can be bought, but these alone would not manage his pains. The MR does not take into account the many side effects he has with the stronger and correct doses through out the day, all of which were separately recorded in the claim form. Not to mention that I manage all of his medication from repeat prescriptions to administration of it. He gets to confused with what and when, plus his G.P has to me to put a lock on the meds cupboard so it deters his chosen method of suicide. Yet the MR reports he does not require supervision?
I could also argue that at the assessment, her observations were incorrect as he was showing physical signs with his anxiety, and being out of the house. And he certainly wasn’t well kempt, because I couldn’t motivate him to wash or shave for 3 days beforehand, because he was so worked up. He was recorded to walk 17 meters to the interview room at slow gait with his stick, but it did not mention that I was supporting him on his left side as we walked. Because he had to get out of the chair due to cramps in his legs and lumber region discomfort, the MR assumed he could get out of the chair on his own ! No mention that he had help from me to do this, and no mention as to why he was in such discomfort to need to stand up.
He needed to use the loo about half way through, they had been informed he needed to be close the toilet, however this was 17metres back down the corridor. The MR again fails to report that I assisted him to the toilet, and also went in with him to help him. I always carry spare pair of trousers and pants when I am out with him, because he is unable to get to loo quick enough, and has strong bladder urges due to side effects. This regularly involves leakage and a change of clothing, of which I had to help him with at the assessment In the toilet room. The result of this left him embarrassed and even more anxious, and the MR reported none of these facts, except to,say he could walk 17metres x 4 reliably?
The fact he needed assistance from myself to get up and support his left hand side isn’t mentioned, yet she walked with us to the toilet, waited and walked back to the room. However he was in so much pain and discomfort when he got back in the room, he was unable to carry out the physical examination. All that is recorded in the MR, that he refused to be examined, and no reasons as to why he didn’t accept. None of the help he received with undressing and dressing is mentioned even though she was aware he had had a leakage. I think this adds weight to the help he needs and receives daily for daily living and mobility, which is all included in the claim form.
In fact all of the help he needs is recorded accurately in the claim form, yet surely if the DM was aware of the omissions that should have been included in the MR, then surely it would act as evidence and strengthen his claim to be placed in the enhanced mobility and daily living descriptors. So surely I must convince the next DM of these fact for mandatory reconsideration.
Firstly his depression and anxiety has got worse and is now managed by stronger anti depressant medication and has been increased twice, this medication was not present at all on the first pip claim, so that has to be a change surely? Even though he had mental health history at the time this was not considered by the MR to be a significant problem in 2016.
The current MR has got his prescription medication details incomplete, and all dosages are wrong, stating his pain is managed by over the counter medication? The only over the counter stuff is Voltarol, and vitamin tablet, all of which were recorded on his claim with all of the prescription meds which are for depression, anxiety, several for pain to tackle osteoarthritis,anti acid. Also in the prescription is a paracetamol, which can be bought, but these alone would not manage his pains. The MR does not take into account the many side effects he has with the stronger and correct doses through out the day, all of which were separately recorded in the claim form. Not to mention that I manage all of his medication from repeat prescriptions to administration of it. He gets to confused with what and when, plus his G.P has to me to put a lock on the meds cupboard so it deters his chosen method of suicide. Yet the MR reports he does not require supervision?
I could also argue that at the assessment, her observations were incorrect as he was showing physical signs with his anxiety, and being out of the house. And he certainly wasn’t well kempt, because I couldn’t motivate him to wash or shave for 3 days beforehand, because he was so worked up. He was recorded to walk 17 meters to the interview room at slow gait with his stick, but it did not mention that I was supporting him on his left side as we walked. Because he had to get out of the chair due to cramps in his legs and lumber region discomfort, the MR assumed he could get out of the chair on his own ! No mention that he had help from me to do this, and no mention as to why he was in such discomfort to need to stand up.
He needed to use the loo about half way through, they had been informed he needed to be close the toilet, however this was 17metres back down the corridor. The MR again fails to report that I assisted him to the toilet, and also went in with him to help him. I always carry spare pair of trousers and pants when I am out with him, because he is unable to get to loo quick enough, and has strong bladder urges due to side effects. This regularly involves leakage and a change of clothing, of which I had to help him with at the assessment In the toilet room. The result of this left him embarrassed and even more anxious, and the MR reported none of these facts, except to,say he could walk 17metres x 4 reliably?
The fact he needed assistance from myself to get up and support his left hand side isn’t mentioned, yet she walked with us to the toilet, waited and walked back to the room. However he was in so much pain and discomfort when he got back in the room, he was unable to carry out the physical examination. All that is recorded in the MR, that he refused to be examined, and no reasons as to why he didn’t accept. None of the help he received with undressing and dressing is mentioned even though she was aware he had had a leakage. I think this adds weight to the help he needs and receives daily for daily living and mobility, which is all included in the claim form.
In fact all of the help he needs is recorded accurately in the claim form, yet surely if the DM was aware of the omissions that should have been included in the MR, then surely it would act as evidence and strengthen his claim to be placed in the enhanced mobility and daily living descriptors. So surely I must convince the next DM of these fact for mandatory reconsideration.
The following user(s) said Thank You: Gordon
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7 years 1 month ago #209582 by thisandthat
Replied by thisandthat on topic PiP Mandatory Reconsideration help please
Hi, I’m not sure if anyone has read my last post, although is did thank Gordon to start with, in regards to his response to my first question. It’s possible it came as a generic thank you without the acknowledgment of my further question.
If you can help Gordon with views or opinion on my second post re; mandatory reconsideration advice I would be very grateful.
If you can help Gordon with views or opinion on my second post re; mandatory reconsideration advice I would be very grateful.

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7 years 1 month ago #209586 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PiP Mandatory Reconsideration help please
Jonathan
I'm not sure what comment you are looking for, the only view I have of your husband's problems are what you post, the content you have posted in your last post seems a reasonable explanation of his problems.
If you can show fundamental flaws in the report then the Decision Maker may revise their Decision but they may also send him for a second assessment.
If you cannot show any fundamental flaws and you are simply "arguing" over the content then the DM is most likely to side with the assessor and you will need to consider going on to appeal where the panel will take a much more balanced view of all the evidence.
Gordon
I'm not sure what comment you are looking for, the only view I have of your husband's problems are what you post, the content you have posted in your last post seems a reasonable explanation of his problems.
If you can show fundamental flaws in the report then the Decision Maker may revise their Decision but they may also send him for a second assessment.
If you cannot show any fundamental flaws and you are simply "arguing" over the content then the DM is most likely to side with the assessor and you will need to consider going on to appeal where the panel will take a much more balanced view of all the evidence.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: lucretia_ten, TheMerlin486
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