Pip refused

JulieAnne11

Just called PIP helpline to be told a letter has been sent to me on the 16th August . I asked what was the outcome . I was told I had been awarded 2 points for living and 4 points on the mobility . I am totally in disbelief. 

poppy123456

You can request the Mandatory Reconsideration. (MR) You should put this in writing stating where and why you think you should have scored those points. You have 1 month from the date of the decision to request this. 

When you filled out the form if you didn’t give a couple of real world examples of what happened the last time you attempted each descriptor that applies to you then I’d advise you to do that now. Make sure you include detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were. 

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration-pip/

JulieAnne11

Thank you  so much Poppy that's really helpful . I will have to wait for the letter to arrive. It was sent on the 16th August so this adds insult to injury so to speak , it could have at  least been sent first class . I need to see were the points have not been credited . My husband has to help me in and out of the bath . I'm the kitchen , basically everywhere . I very puzzled at this moment in time .
Julie Anne 💕

poppy123456

DWP always used 2nd class post for as long as I can remember. Post also has to go through a Mail sorting process, which is why it often takes up to a couple of weeks.

Dont worry about the 1 month timeframe because you have 13 months in total. If you’re outside of the 1 month timeline you need to tell them why you’re late requesting it. If they refuse then you just proceed to Tribunal. 

It will also be worth having a read if this so you can have a little more understanding of the PIP descriptors. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Although you said your husband helps with everything, if an aid can reasonably be used then you will score points for this, rather than scoring points for needing assistance/support. 

JulieAnne11

Thank you Poppy ...yes I use a walking stick , a perching stool and use a grab stick . This was all spoken about at my assessment . Your advise is really helpful . Thank you so much . I have an appointment with my GP on the 7th September and my physio .
Just got to plod on.
Best wishes 
Julie Anne 💕

JulieAnne11

Just an update I have received my PIP letter today and have in fact scored 6 points for the Daily Living Element and 4 points for Mobility.

. I need a copy of my Assessment report , as the person who made the decision at the DWP has put down things that were not said at the assessment and has not indicated about aids I use .Should I request this in writing ? 

Many thanks 

Julie Anne 💕

nasturtium

Hello JulieAnne11

JulieAnne11 said:

the person who made the decision at the DWP has put down things that were not said at the assessment and has not indicated about aids I use .Should I request this in writing ?

The assessor is just giving there opinion on what you told them at your assessment. The time to put down what you wanted to say was when you were filling in your PIP2 Questionnaire form. There is still time to do that with a written Mandatory Reconsideration letter.

You will need to do a Mandatory Reconsideration.

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

JulieAnne11 said:

My husband has to help me in and out of the bath . I'm the kitchen , basically everywhere . I very puzzled at this moment in time .

If your husband helps you all of the time then you need to give detailed anacdotal evidence on:-

Why you cannot do the activity with an aid?

Why do you need assistance or/and Supervision?

What does you husband do to help you according to the descriptors for that activity?

What would happen if you did not have your husbands help?

How often does your husband help you?

Has there been any incidents that have happened because you have not had help from your husband? If there has then you need to explain in detail what happened and what were the consiquences.

Ask you husband to write you a detailed supporting letter that you can include with your Mandatory Reconsideration letter. You husband will need to explain what he does to care for you and why he has to care for you.

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 you 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

JulieAnne11

Thank you so much for your incredible advise...The lady who assessed me was really lovely she spoke about my hearing problem too , I just wanted a copy of the report to see why it did not match up on with what DWP have said. I am going to follow your guidance and keep you posted on how it goes .
Big hugs 🤗

DianeW64

Excellent advice given here as always, my husband is also going through MR, I have followed the advice and done a thorough MR…. In addition I had also filled everything on the form correctly and gave all the required information thoroughly for each descriptor…..he confirmed his difficulties in line with descriptors on his phone assessment.

The problem for us is it was ignored and he didn’t get the points he deserves, because the assessor and DM both ignored the information presented to them and said opposite thus less points….. so it’s very frustrating when the correct information has been given and is ignored!!!

Good luck, hopefully we will get MR decision that awards the extra points, if not it’s the long wait to tribunal.

JulieAnne11

Thank you Diane , Good luck with your Husband's claim, its very frustrating , however we all just need to keep focused and power through it. Please keep me posted on progress and I will likewise Big hugs Julie Anne 💕

DianeW64

JulieAnne11 said:

Thank you Diane , Good luck with your Husband's claim, it’s very frustrating , however we all just need to keep focused and power through it. Please keep me posted on progress and I will likewise Big hugs Julie Anne 💕

Thank you yes I will keep you updated also x

JulieAnne11

After sending in my MR have received the same letter this morning . At my Drs appointment last week she has now referred me for total Knee Replacement , so waiting for consultation letter .

nasturtium

JulieAnne11 said:

After sending in my MR have received the same letter this morning .

Are you saying that you have had the response for your MR request and the result has stayed the same from your origional descision?

JulieAnne11

No I received the letter saying that I have a month to give any additional information . The trouble is I am waiting for consultants letter about my knee operation.

nasturtium

Ok Thanks

Please keep us updated with the progress of your MR.

Regards

Nasturtium

JulieAnne11

Good morning , I received a text message last week saying they aim to look at my MR case by the 4th November , so fingers crossed . I am also waiting for referral for a knee replacement so hopefully things will start moving soon. Julie 😊

DianeW64

Hi JulieAnne, we too are still waiting MR decision, had another text last week stating a decision will be made by 27/10/23….on pins every day waiting.

Hannah_Alumni

Fingers crossed! @JulieAnne11  

JulieAnne11

Hi Diane .. 😌 I know it's so stressful the waiting game . Hope it's good news 🍀. 
Thank you Hannah will keep you posted on any news .
💕

JulieAnne11

Good morning , well I have just received MR letter, basically saying the points awarded are correct...not a great start to the week ....
 So off to Tribunal. 
Hope everyone else has a more positive week .
Love 
Julie Anne 💕

poppy123456

That's not unsual because only about 23% of MR decisions are in the claimants favour. For Tribunal, i'd advise you to either have a telephone or video hearing or to appear in person. Either of those will give you a 68% chance of a decision in your favour.

Paper based hearings have a much less success rate of only about 5-8%.