Pip decision letter and mandatory reconsideration

Caval1er

Hi All, I have just received decision letter and as expected benefits have been reduced. The decision  letter states on the first page what documentation etc they used to reach their decision. They list a letter from and occupational therapist as one source. Firstly I don't have am occupational therapist.. I have not sent them a letter from an occupational therapist. I have sent them letters from gp, psychologist and mental health therapist. In my mind (I accept im probably totally wrong) I read it and think, do I need to dispute anything other than respond that they've got their facts wrong about this one thing?!? Also, if it goes to tribunal which I know is highly likely will this incorrect information on form court in my favour as not been thorough in preparing report. Or, do they use occupational therapist interchangeably with therapist, psychologist etc? Thanks in advance for any thoughts.
 

nasturtium

Hello Caval1er

Did you fill out your review form with detailed anecdotal personal written evidence explaining how you are now with each PIP activity that applies to you?

If you did then the DWP need to give a reason why they think your condition has improved to warrant a reduction in your benefit. I have written more detail about this here https://forum.scope.org.uk/discussion/comment/696285#Comment_696285

If you just put "No Change" on the review form (which is very strongly advised not to do) then you would need to write out a detailed MR Letter including detailed anecdotal personal written evidence explaining how you are now with each PIP activity that applies to you including real world examples of problems you have completing the activities, what happened, who witnessed it and what the consequences were. Then if your MR is turned down you can use the above info I provided in the link above with your tribunal appeal request.

Do not telephone to start your MR you must put you MR in writting and send it to the address on your descision letter.

Hope that helps

Nasturtium

Leigh14

@nasturtium, would this be the same if after a review, the award was stopped?
Just read the link, so have now answered my question to you. Whoops🤣

Caval1er

nasturtium said:

Hello Caval1er

Did you fill out your review form with detailed anecdotal personal written evidence explaining how you are now with each PIP activity that applies to you?

If you did then the DWP need to give a reason why they think your condition has improved to warrant a reduction in your benefit. I have written more detail about this here https://forum.scope.org.uk/discussion/comment/696285#Comment_696285

If you just put "No Change" on the review form (which is very strongly advised not to do) then you would need to write out a detailed MR Letter including detailed anecdotal personal written evidence explaining how you are now with each PIP activity that applies to you including real world examples of problems you have completing the activities, what happened, who witnessed it and what the consequences were. Then if your MR is turned down you can use the above info I provided in the link above with your tribunal appeal request.

Do not telephone to start your MR you must put you MR in writting and send it to the address on your descision letter.

Hope that helps

Nasturtium

Thank you so much for your reply. Honestly, I cannot remember what I put on form, I was so ill at time, cannot even find copy of it  not like me! Filled in last year, assessment was a few weeks ago. I wonder if I can ask them for a copy? I've read through the links you sent and so much useful information there thank you!

nasturtium

Yes you can request a copy of the assessment report from the DWP but that will only give you an idea on how the assessment was conducted and there reccomendations. The only use the assessment report can be useful in my opinion is if you are not happy with the assessment done by the assessment contractor (CAPITA or IAS) and you want to make a complant but it also might give you an idea on what the descision maker was basing there descision on also.

When you are doing your MR Letter (do not telephone to start your MR) you need to focus on the descision letter and not the asessment. You need to point out why your condition has not changed and how you are now. Be as detailed as possible in your letter for each of the PIP activities that apply to you and the descriptors. Follow the advice I provided and if they do not change there descision at MR stage then apply for appeal where you stand a better chance of getting your benefit reinstated but you need to do a MR first.

Nasturtium

Caval1er

nasturtium said:

Yes you can request a copy of the assessment report from the DWP but that will only give you an idea on how the assessment was conducted and there reccomendations. The only use the assessment report can be useful in my opinion is if you are not happy with the assessment done by the assessment contractor (CAPITA or IAS) and you want to make a complant but it also might give you an idea on what the descision maker was basing there descision on also.

When you are doing your MR Letter (do not telephone to start your MR) you need to focus on the descision letter and not the asessment. You need to point out why your condition has not changed and how you are now. Be as detailed as possible in your letter for each of the PIP activities that apply to you and the descriptors. Follow the advice I provided and if they do not change there descision at MR stage then apply for appeal where you stand a better chance of getting your benefit reinstated but you need to do a MR first.

Nasturtium

Sorry I meant can I get a copy of the form I sent them when they requested a review not the form the assesor completed after assessment?

Caval1er

Caval1er said:

nasturtium said:

Yes you can request a copy of the assessment report from the DWP but that will only give you an idea on how the assessment was conducted and there reccomendations. The only use the assessment report can be useful in my opinion is if you are not happy with the assessment done by the assessment contractor (CAPITA or IAS) and you want to make a complant but it also might give you an idea on what the descision maker was basing there descision on also.

When you are doing your MR Letter (do not telephone to start your MR) you need to focus on the descision letter and not the asessment. You need to point out why your condition has not changed and how you are now. Be as detailed as possible in your letter for each of the PIP activities that apply to you and the descriptors. Follow the advice I provided and if they do not change there descision at MR stage then apply for appeal where you stand a better chance of getting your benefit reinstated but you need to do a MR first.

Nasturtium

Sorry I meant can I get a copy of the form I sent them when they requested a review not the form the assesor completed after assessment?

I need to check if I wrote no change or more details than that.

nasturtium

I am not sure about that but I would advise you to contact the PIP Helpline (good luck) and request a copy of your review form you sent in last year.

If they cannot do that then you can request a copy of everything the DWP has on you including information about your PIP etc by requestion a freedom of information request here https://www.gov.uk/guidance/make-a-freedom-of-information-foi-request-to-dwp

Hope that helps

Nasturtium

Caval1er

nasturtium said:

I am not sure about that but I would advise you to contact the PIP Helpline (good luck) and request a copy of your review form you sent in last year.

If they cannot do that then you can request a copy of everything the DWP has on you including information about your PIP etc by requestion a freedom of information request here https://www.gov.uk/guidance/make-a-freedom-of-information-foi-request-to-dwp

Hope that helps

Nasturtium

Thanks, calling them now. Got horrible feeling i put no change though. 
On another note. The assessor gave zero point for planning and following journeys. One of his comments was 'her restrictions appear to be heavily influenced by social anxiety and difficulties interacting with others' can I check is anxiety not a reason for struggling with journeys or is it a reason for refusing points for this activity. Can they refuse points for this activity because my problems are due to anxiety or has the assesor misunderstood? 

nasturtium

Yes planning and following a journey activity is based on your cognitive or mental health restrictions with planning and following a journey.

Points can be awarded or not awarded depending on what you put on your review form about any changes you might have had or the state of your condition now since your last award descision.

If you did not say that on your review form you now have a chance to say that in detail on your MR Letter.

Nasturtium

Caval1er

nasturtium said:

Yes planning and following a journey activity is based on your cognitive or mental health restrictions with planning and following a journey.

Points can be awarded or not awarded depending on what you put on your review form about any changes you might have had or the state of your condition now since your last award descision.

If you did not say that on your review form you now have a chance to say that in detail on your MR Letter.

Nasturtium

Thank you so much. So saying I am not awarding points for planning and following journeys because her problems are due to her mental health, is a  fundamental misunderstanding by the assesor?

nasturtium

Caval1er said:
On another note. The assessor gave zero point for planning and following journeys. One of his comments was 'her restrictions appear to be heavily influenced by social anxiety and difficulties interacting with others' can I check is anxiety not a reason for struggling with journeys or is it a reason for refusing points for this activity. Can they refuse points for this activity because my problems are due to anxiety or has the assesor misunderstood? 

I cannot really give you any further advice on that question you asked because I do not know your conditions and how they affect you only you know that.

The comment on your descision letter 'her restrictions appear to be heavily influenced by social anxiety and difficulties interacting with others' also does not really say much other than it "appears" that social anxiety has a big inflence on how you interect with others and because this is a review on your award it does not say if they think your condition has improved, is the same or has changed since your last award.

What you need to focus on is writing a detailed MR Letter explaining your condition now and the impacts of your condition has on your ability to "Reliably" complete the 12 PIP activities that apply to you according to the descriptors.

Nasturtium

Caval1er

nasturtium said:

Caval1er said:
On another note. The assessor gave zero point for planning and following journeys. One of his comments was 'her restrictions appear to be heavily influenced by social anxiety and difficulties interacting with others' can I check is anxiety not a reason for struggling with journeys or is it a reason for refusing points for this activity. Can they refuse points for this activity because my problems are due to anxiety or has the assesor misunderstood? 

I cannot really give you any further advice on that question you asked because I do not know your conditions and how they affect you only you know that.

The comment on your descision letter 'her restrictions appear to be heavily influenced by social anxiety and difficulties interacting with others' also does not really say much other than it "appears" that social anxiety has a big inflence on how you interect with others and because this is a review on your award it does not say if they think your condition has improved, is the same or has changed since your last award.

What you need to focus on is writing a detailed MR Letter explaining your condition now and the impacts of your condition has on your ability to "Reliably" complete the 12 PIP activities that apply to you according to the descriptors.

Nasturtium

OK i will do that. thank you for all your help 

Caval1er

So, I've had response back from MR and they've maintained their position to remove the Mobility Component for planning and making journeys. The relevant comment from them is " it is considered that if your functioning were as affected as claimed then you would not be fit to drive and would be a danger on the roads. There is no evidence to suggest the DVLA have been informed of such"(my functioning is as affected as claimed by not only myself but all the mental health professionals who have written supporting documents- so the assessor is calling us all liars!!!)."There is no available evidence to suggest that you would not be able to navigate a journey etc". However they have received 8 letters from psychologist,gp,therapists all answering the descriptor for planning journeys, stating that I need prompting and encouragement. The decision maker also acknowledged receipt of this evidence in their first paragraph... I know I've got to go to Tribunal, given what has been said by decision maker, I believe if the system is fair they would judge in my favour, I'm just wondering what others think? The assessor stated my conditions are stable, so they've not said I've improved even though they've removed points from multiple descriptors.

poppy123456

It’s not unusual for the decision not to change at MR stage, the majority of them don’t.

You can now proceed to Trubunal. What I will advise is please do not focus too much on what the decision letter says. Focus on the weaknesses in your evidence. 

Caval1er

poppy123456 said:

It’s not unusual for the decision not to change at MR stage, the majority of them don’t.

You can now proceed to Trubunal. What I will advise is please do not focus too much on what the decision letter says. Focus on the weaknesses in your evidence. 

Thanks Poppy. My evidence is robust as far as I can tell. I don't know what more my psychologist, therapist or gp could write they've all confirmed I have probelms and need prompting and support to plan and follow journeys