PIP Mandatory Reconsideration - Autism

Seejay

Hi, I was hoping to please get some advice on how to deal with a PIP MR. My partner has Autism and we recently completed a face-to-face assessment. She was awarded standard mobility but nothing on the daily living (she got 6 points).

On the explanation they have said "You said you have difficulties preparing food, taking nutrition, managing therapy, or monitoring a health condition, washing, and bathing dressing, and undressing and communicating verbally. Although memory issues have been reported, you were able to provide the details of a complex medical history and undertake the assessment with minimal support, showing adequate memory. There is no evidence to support a diagnosis of any cognitive impairment... You also reported that you work full time and have taken no time off sick which indicates an adequate level of motivation."

I'm really confused by this as she didn't really take part during the assessment and any time she did speak, she spoke to me and not the assessor. I answered most of the questions. I'm also confused by the comment on a diagnosis of cognitive impairment, she has been diagnosed with autism and the diagnosis report was provided so it seems to be a bold statement to make about someone whos disability is cognitive. 

The comment on being able to work full time and show an adequate level of motivation is quite weird, I don't know how having motivation to carry out work from a desk (computer/written work) at home is an indicator for being able to wash/dress/eat/cook without prompting. My partner rarely washes as she associates this with leaving the house (which she rarely does) and I will normally have to tell her to do it. This is the same with getting dressed, she will stay in the same PJs all week unless I tell her to change. She rarely cooks as it's too stressful and if she does I'm in the room prompting her and assisting her so she doesn't get overwhelmed. She will also forget to eat if she is too engrossed in a task (which coincides with having a job because she will forget to eat lunch if working). This is the same with any medication/physio she needs to do, I will have to remind her and monitor it because its not part of her routine. 

Communicating verbally for someone with autism is very difficult and she is no exception. Throughout the assessment she did not engage at all with the assessor and spoke through me if at all. 

She scored 0 points on preparing food, eating & drinking, managing your treatments washing & bathing, dressing & undressing, communicating. All of which I believe she needs help with. 

We have asked for the assessment report to try and help with the claim but I just wondered if anyone had any advice on the comments they've made and how this can be challenged. 

nasturtium

Hello Seejay

You do not need a diagnosis to be eligable for PIP. You need to make it clear on you PIP2 form why you cannot do the PIP activities reliably according to the descriptors. If you have not done this or it was overlooked then you need to include it in you MR letter. The majority of what you posted sounds like common copy and paste responses that many people recieve. What you need to do now is to put away the descision letter and start to focus on why the person you are helping is entitled to PIP. The first thing I would advise is to understand what each activity is about and then find the applicable descriptor for that activity. For example if the person in question needs assistance with preparing food then you need to explain what assistance is needed and why. Is there a safety risk etc... (safety is part of the four criteria for "Reliably" which is explained bellow) If there have been incidents or events where things have gone wrong when doing an activity then you need to give clear detailed information about what happened, did anyone witness the event and what was the consiquenses.

It is advised to request a Mandatory Reconsideration (MR) in writting by letter. The majority of of descisions at MR stay the same but if you give a detailed written letter explaining why you cannot do the PIP activities "Reliably" (See information about "Reliably" bellow) then there is a greater chance of your award being changed either at the Mandatory Reconsideration stage or if you have to go to a tribunal appeal.
You are awarded points for each descriptor that applies to you for each activity that you cannot complete relaibly more than 50% of the time. The word RELIABLY is a very important word in PIP and you can find more information about that here https://pipinfo.net/issues/reliably
To understand on how to fill in the PIP2 form or to help understand and explain the problems experienced for each PIP activity then you can use the advice on the CAB website and it will guide you through each activity on the PIP2 form and what you need to include for each activity. You can use the link here https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/
It is advised before you start your claim or your Mandatory Reconsideration to keep a 7 to 10 day disability (mental health) diary that will show you all of the problems you have each day according to the PIP activities and descriptors. It will also help for an appeal if you need to one because it will show the problems you have daily with the PIP activities. You can get a list of the activities and the descriptors from this site https://pipinfo.net/#activities
You can use your PIP disabiity diary as evidence to show the problems you have with the activities each day. The evidence can be sent in with your PIP2 Form or MR Letter if you think it would support your claim.
If you have assistance from friends or family then you can ask them to write you a supporting letter to show what help you need and why you need that help. You need need to ask them to put in there supporting letter how then know you, how often each week they see you, how they help you and why they help you. The WHY they help you is the important part because it would backup and support what you have written on your PIP2 form.
It is also important to understand that PIP is not about the help you get but it is the help you need that is important. So if you need help more than 50% of the time and you do not get help then you need to explain what help you need but do not recieve.
You are being assessed as needing help for the majority of times. When writing out your evidence try not use the words "sometimes" "could" "might" "it can" because those words mean that your condition or problem is not constant and varies. If that is the case then it is good to say your condition varies. If you have problems for more than 50% of the time then that means you have problems completing that activity and you should score points but remember to keep to the activity descriptors.
If you need further help with your MR you can find it by putting in your postcode here and it will list all of the wealfare agencies in your area.  https://advicelocal.uk/welfare-benefits they will tak with you about your situation and they will advise you further if your PIP claim and MR.
I hope that this has been of help.
Good luck with your MR and remember if your descision is not changed or you are not happy with the descision made you can take it to Tribunal. The majority of tribunal are conducted by Telephone so if you cannot have a face to face hearing you will be able to request one on the telephone from the comfort of your own home.
Kind Regards
Nasturtium

poppy123456

The assessment report isn't needed to request the MR because it's likely to cause a distraction to what you should do going forward. Concentrating on the report isn't going to get a PIP award.

As well as the above advice i'd also advise you to include a couple of real world incidents of exactly what happened the last time your partner attempted each descriptor that applies. Include detailed information such as where they were, what exactly happened, did anyone see it and what the consequences were.

It will definitely help to have some understanding of the PIP descriptors and what they mean going forward. Have a read of this. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria