Hi, my name is roxy75! Refused Mobility PIP

roxy75

Evening guys I am just looking for a bit of advice, in January of this year I broke my fibula, tibia and shattered my ankle I had to have emergency ORIF SURGERY in result had 3 metal plates screws and rods to piece my lower left leg injuries. I was put in a cast for 3 months due to the severity of the damage of my leg. I was bed bound for just under 6 months and have been learning to walk for the past 8 weeks. I am still under physiotherapy and specialist consultant at hospital I can now walk around my hone with the aid of zimmer frame or walking sticks. I am not yet strong enough to venture out the home without being in my wheelchair as walking makes my foot and ankle swell causing severe pain so don't think I am ready to walk very far yet. I have had a telephone assessment 3 weeks ago and have been informed today that I have not qualified for any mobility rates of payment and have only qualified for the low rate daily living. I am in shock with this news as I have had to pay people for 6 months to do everything for my daughter and myself as I was limited to my bed full time. And even now I need assistance to help me on daily basis does this sound justified please advise me.
Thank you so much 

Superbetty

HI, I am sorry you had this experience. I do not know how your assesement went, so it is hard to say why the decision is like that. From what you are saying, if you do need aid, you should still get at least lower mobility rate. Did you check before interview PIP questions and points system? Becuase it does help, you can answer questions and you see yourself do you have a chance for PIP or not. You need to be specific when answering PIP questions, as it has been said hundred times here, noone cares where it hurts, how it hurts, it is all about how it affects your life, your movements.But like I said, hard to say anything, because we do not know how your assesement went. I would advise you to do mandatory reconsideration for sure. It is a long process, so it is up to you. I wish you all the best, and I am sorry again, I am sure it has been all very stressful for you.

Jimm_Alumni

Hi @roxy75, as Superbetty mentions your first step is to ask for Mandatory Reconsideration. You can also call them and ask for a "written statement of reasons" for why that is their decision. Scope have a page of advice on appealing a PIP decision here Appealing a DWP decision | Disability charity Scope UK.

 I can understand the shock of such a decision, there are links on the page I linked above for help if the process is causing you undue stress.

This is a frustrating process, so please do keep in touch and let us know how you're doing?

nasturtium

Hello Roxy75

You will need to do a Mandatory Reconsideration.

I would like to add to the reply made by @Jimm_Scope You can telephone the PIP Helpline and request a copy of your assessment report and it is called a PA4. Please when ringing the helpline do not request your Mandatory Reconsideration over the phone. It is very strongly advised to do your Mandatory Reconsideration by letter and not started over the phone. Also the assessment report will only give the "opinions" of the assessor and it is not the assessment you are challenging it is the the award descision. In my opinion the assessment report is only useful if you want to complain about the assessment to the assesment provider. Do not fall into the "bear trap" of critisising the assessors report because that will not get you a PIP award.

You must put your Mandatory Reconsideration in Letter format and do not telephone to request a MR because after you telephone it starts the clock ticking and they will do the MR without you providing vital and important extra written verbal anacdotal evidence and information to back up your claim.  You have 1 month from the date of your decision letter to write a detailed MR letter explaining all of the problems you have with the activities and why you cannot complete the 12 PIP activities that apply to you Reliably (The word reliably is a very important word in PIP because it is enshrined in law as Regulation 4(2A) of the Social Security (Personal Independence Payment) Regulations 2013 read more here https://pipinfo.net/issues/reliably and here https://www.mypipassessment.co.uk/updates/what-are-the-reliability-criteria-that-are-used-during-the-pip-consultation/ ) 

You also have 13 months to request a MR by Letter if you have a good reason for requesting a late MR for example the effects of your mental health or your disability stopped you form doing your MR or you were waiting for further medical evidence or advice from a welfare rights agency. If they refuse your MR letter for being late then you can go straight to appeal.

You need to include real life incidents that happened when completing each PIP activity that applies to you. You need to describe in detail what happened, who witnessed it and what the consequences were.

This link will give you advice on what you need to include on your MR letter for each activity. It is about filling in the PIP form but if you did not give detail on your PIP2 Questionnaire form then now is the time to resolve that by giving detail in your MR letter. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/

The Governments PIP Assessment Guide and Criteria (what they are looking for when doing an assessment for PIP) https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

My advice is not to get to hung up on critisising the descision letter because that is not going to get an award. You need to focus on why he cannot do the PIP activities Reliably and focus on the descriptors because it is the descriptors that gets you the points for an award.

You will need to appeal if the MR is not successfull and the majority of MRs are not. If you do a detailed MR Letter then this will be used as extra evidence in a PIP appeal by the tribunal and it will increase the chances of you getting the award you are entitled to.

Hope that helps

Nasturtium