PIP Question!!

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WB21
WB21 Online Community Member Posts: 31 Listener
Hi all, just wanted to ask if there is more chance of being successful with mandatory reconsideration if you scored some points , rather than not getting any .
Thanks

Comments

  • chiarieds
    chiarieds Online Community Member Posts: 17,107 Championing
    A difficult question, to which I have no answer, & it all depends. We have seen members go from 0 points to be successful when they've ended up going to a tribunal. The success rate for Mandatory Reconsiderations are abysmally low, (a mere 23% I believe), but obviously some are successful, & it's always worth doing, & you have to go through this before you can appeal further to a tribunal.
    If you have 6 points for either of the PIP components, then it could be argued with a Mandatory Reconsideration, can you then identify where another couple of points might be gained to give you at least a standard award? How many points have been mentioned in your decision letter, & where do you feel you should have gained more? Hoping we can help you.

  • nasturtium
    nasturtium Online Community Member Posts: 390 Empowering
    edited September 2023
    Hello WB21
    I would like to add to the good advice you have been given by Chiarieds.
    Appologies if it is a long post but I hope my Personal (non professional) opinion might help.
    To answer your question:-
    WB21 said:
    just wanted to ask if there is more chance of being successful with mandatory reconsideration if you scored some points
    In my personal opinion the answer to that question is "yes" but in an indirect way. Let me explain more about what I mean and my thinking.
    When you make a PIP Claim you are entering a "system" and that system is designed to obtain the nessesary information needed for a descision to be made of your correct entitlement for a PIP award.
    The System has many stages.
    Stage 1 is the most important stage and that is Completing your PIP2 Questionnaire and giving detailed personal anacdotal written evidence on why you cannot complete the 12 PIP activities that apply to you Reliably (Safely, repeatedly, in a timely manor or to an acceptable standard)  So if you did not complete stage 1 of the system with detailed anacdotal personal written evidence then Stage 2 is your chance to resolve that.
    Stage 2 is your chance to explain in detail why the descision is wrong and why you are entitled to a PIP award. The MR in my opinion is a very important stage in the PIP Process because you can see the descision and then look at your written evidence you provided on your PIP2 Questionnaire form and analyse where your evidence was not strong enough to show the descision maker about your entitlement to a PIP award. Like Chiarieds said the success rate for Mandatory Reconsiderations are abysmally low but the chances of getting an award increase greatly when you apply to tribunal. This is where the Mandatory Resonsideration is important in my opinion. You mandatory reconsideration letter will be used by the tribunal to consider your entitlement to a PIP award because your MR letter will be included in your Tribunal bundle with all of your other information including your PIP2 Questionnaire. So if you are not awarded at Stage 2 (MR) then you proceed to Stage 3 and that is appeal.
    Stage 3. Applying for appeal means the DWP need to review all of the evidence again to write there response to the appeal and the reason why they are refusing you an award. When they review your claim including your MR letter they might make a descision on your Entitlement to PIP before it goes to tribunal if there is enough Personal written anacdotal evidence to show your entitlement to an award. If you do not get an "offer" then the Tribunal panel will read your MR Letter and it might make a significant impact of your chances of wining your appeal.
    These are just my personal opinions and enterpritation of how the MR Process is a very important part of the PIP Claim system but it is also by no means a correct or wrong way of doing things.
    Hope that helps
    Nasturtium
  • WB21
    WB21 Online Community Member Posts: 31 Listener
    Thanks for reply’s guys, I got 6 points DL, and 4 points MB, sent a detailed MR letter including letter from friend and letter from brother who help me, got a text from them today to say they will look at my claim again by start of Oct, just waiting (again) now.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,922 Championing
    How are you feeling whilst waiting @WB21? It sounds positive that you have a support network who have been able to help with this  :)
  • WB21
    WB21 Online Community Member Posts: 31 Listener
    Hi all, I am fully expecting to have to go to tribunal, so not expecting anything to change after MR, my phone HP assessment was awful, and the report was lazy and repetitive, but because I only got the report after I submitted my MR, I just concentrated on the descriptors. Just wait now .
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    WB21 said:
    but because I only got the report after I submitted my MR, I just concentrated on the descriptors. Just wait now .

    That's exactly what you should do. You don't need the report to request the MR.
  • WB21
    WB21 Online Community Member Posts: 31 Listener
    Hi , just wanted to know , do I need statement of reasons before I apply to tribunal? And do I have to ask DWP for copy of them 
    Thanks
  • chiarieds
    chiarieds Online Community Member Posts: 17,107 Championing
    Hi @WB21 - a Statement of Reasons is something you can ask for after a tribunal to see if there's been an error in law ( & it's something you'd ask the judge/tribunal for, not the DWP). I can understand your concerns, but, for now, you need to just wait for a decision on your MR.
  • WB21
    WB21 Online Community Member Posts: 31 Listener
    Ok, Thanks, just stressing at the thought of tribunal.
  • mctaggs2501
    mctaggs2501 Online Community Member Posts: 3 Listener
    I had a call from DWP asking if I had been in prison, carehome or hospital while waiting for pip claim actually it’s the MR. Why do they ask these questions? 
  • chiarieds
    chiarieds Online Community Member Posts: 17,107 Championing
    Hi @mctaggs2501 - & welcome to the forum. Such questions are asked as PIP can be reduced if you have been admitted to a care home, a hospital after so many days, or even prison. They are standard questions that are therefore asked, so nothing to worry about.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I had a call from DWP asking if I had been in prison, carehome or hospital while waiting for pip claim actually it’s the MR. Why do they ask these questions? 

    Usually that's questions they ask when they are about to put an award into payment.
  • mctaggs2501
    mctaggs2501 Online Community Member Posts: 3 Listener
    Thank you very much. I hope this is the case. Fingers crossed x
  • Jimm_Alumni
    Jimm_Alumni Scope alumni Posts: 5,713 Championing
    Hopefully you have some good news soon @mctaggs2501, keep us updated!