MR question

Lbaby23

Hi all,

I've had to request a MR due to receiving 4 points less than I was expecting. 
So from the pip assesment the assessor ticked ( I converted the ticks to points off the list) . So I was awarded 30 points Daily living , and 14 points mobility. 
The dwp made the decision to award 26 points daily living and only 10 points mobility. Which means that mobility is at standard rate when with 14 points it would of been enhanced. 
I've requested a MR for the 4 points ( I no the whole award will get re looked at) anyway I was just wondering if anyone had this before where the DWP have gone against the assesment provider? 
Also how long does a MR take.?

Thank you ! Xx

poppy123456

It's rare they go against the report but it does happen. There's been a few members here that have posted in the past saying the same thing. 

MR decision timescales are up to 12 weeks. Most MR decisions remain the same and only about 23% of them change in the claimants favour so the decision may not change at this stage.

More chance at Tribunal stage, providing you either appear in person or request a Telephone/video hearing and then the success rate is 68%.

Hannah_Alumni

Hello @Lbaby23

Welcome to the community! I see Poppy has been able to help advise. Just wanted to welcome you and ask that you keep us updated!

pip12345

I'm considering submitting an MR. Should I do it on Tel or writing? 

poppy123456

pip12345 said:

I'm considering submitting an MR. Should I do it on Tel or writing? 

You should put the request in writing, please do not ring to request you. Before doing anything else you need to make sure it's possible to score more points needed for a higher award. This may help have a little more understanding of the descriptors and what they mean. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

For the MR you need to state where and why you think you should have scored those points. When you filled out the original form, if you didn't give a couple of real world incidents of exactly what happened the last time you attempted each descriptor that applies to you then you should do that. Adding detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were. You should aim for at least half an A4 side of paper per descriptor that applies.

Timescales for MR decisions are up to 12 weeks. The most likely outcome will be the decision remains the same. Only about 23% of decisions change in the claimants favour at this stage. More chance at Tribunal stage, providing you either appear in person or have a telephone/video hearing.

Lbaby23

Hi 

This morning I have received this: 

Update on your PIP claim. You asked us to look at your decision again. We expect to look at your case by 15/1/2024. You do not need to contact us unless your circumstances change. Thank you

Does that mean someone else is looking at it now? 

Thanks x

pip12345

No. It normally takes a a day or 2 at most to look at it. It's in the queue. 

poppy123456

pip12345 said:

No. It normally takes a a day or 2 at most to look at it. It's in the queue. 

How long it takes will depend on how many files are in the pile. It could very well take longer than that for a decision maker to take another look.

Lbaby23

Oh sorry that is the second text I have received the first was 19th November which read: 

You've asked us to look at our recent PIP decision again. We will write to you once we've done this. As a guide you should hear from us within 8 weeks. You don't need to contact us unless any of the details you gave have changed. Thank you.

Then today:

Update on your PIP claim. You asked us to look at your decision again. We expect to look at your case by 15/1/2024. You do not need to contact us unless your circumstances change. Thank you


Which is why I asked if that means someone is looking at it now.

Thanks 
L

poppy123456

It's likely the 2nd text was sent in error. It doesn't mean someone is looking at it now.

Jimm_Scope

The way I would interpret it is that nobody will be looking at it until nearly the 15th of January due to whatever backlog they have, unfortunately.

pip12345

Jimm_Scope said:

The way I would interpret it is that nobody will be looking at it until nearly the 15th of January due to whatever backlog they have, unfortunately.

I disagree. They told me 3-6 weeks for initial decision. It took 8 days in the end.

poppy123456

pip12345 said:

Jimm_Scope said:

The way I would interpret it is that nobody will be looking at it until nearly the 15th of January due to whatever backlog they have, unfortunately.

I disagree. They told me 3-6 weeks for initial decision. It took 8 days in the end.

Your decision was exceptionally quick. Many many other threads here suggest 8+ weeks. We usually advise up to 12 to be sure. 

edit to add.  looking back at your other threads i see you've recently had the decision on your PIP claim so your timeline was for something completely different. 

This thread is related to the Mandatory Reconsideration. (MR) This is when someone has a decision they are not happy with so decide to challenge the decision.

Lbaby23

It's the waiting around part thats the longest and hardest bit. I already waited a year for my pip review to be completed. It finally went over to capita beg of October and I rung them almost everyday ! 
Now it's out of my hands. Feel helpless/hopeless 
Hate having to do this every 3 years.
Did not expect that I would have to do a MR that was a shock 

pip12345

I know how you feel. I have arthritis and subluxation and bone thinning in my hand. I made it clear in writing and recorded assesment I have difficulty driving. I use my better hand to drive.

Yet the assessor states I can drive so I can do I can use aids.
Completely ignored the fact that I put it in writing that I drive with my better hand.

Anyways, took the advice from this forum. Didn't dispute what assessor said. I bought the aids. Only half helpful. I still need assistance, although MOD and so meet the higher descriptor.

Also she said my legs are fine albeit feeling pain in nerves/arms when walking, so I cannot be considered under the scope of mobility. 

I will refer them to the decision of the upper tribunal appeal number CPIP/665/2016 by Judge K Markus QC. 

Waiting for written decision before MR.

poppy123456

pip12345 said:

I know how you feel. I have arthritis and subluxation and bone thinning in my hand. I made it clear in writing and recorded assesment I have difficulty driving. I use my better hand to drive.

Yet the assessor states I can drive so I can do I can use aids.
Completely ignored the fact that I put it in writing that I drive with my better hand.

Anyways, took the advice from this forum. Didn't dispute what assessor said. I bought the aids. Only half helpful. I still need assistance, although MOD and so meet the higher descriptor.

Also she said my legs are fine albeit feeling pain in nerves/arms when walking, so I cannot be considered under the scope of mobility. 

I will refer them to the decision of the upper tribunal appeal number CPIP/665/2016 by Judge K Markus QC. 

Waiting for written decision before MR.

Your ability to drive is not considered in any of the PIP descriptors. 

pip12345

poppy123456 said:

pip12345 said:

I know how you feel. I have arthritis and subluxation and bone thinning in my hand. I made it clear in writing and recorded assesment I have difficulty driving. I use my better hand to drive.

Yet the assessor states I can drive so I can do I can use aids.
Completely ignored the fact that I put it in writing that I drive with my better hand.

Anyways, took the advice from this forum. Didn't dispute what assessor said. I bought the aids. Only half helpful. I still need assistance, although MOD and so meet the higher descriptor.

Also she said my legs are fine albeit feeling pain in nerves/arms when walking, so I cannot be considered under the scope of mobility. 

I will refer them to the decision of the upper tribunal appeal number CPIP/665/2016 by Judge K Markus QC. 

Waiting for written decision before MR.

Your ability to drive is not considered in any of the PIP descriptors. 

Yes but they do a comparison to other activities to see if you are consistent. It's in the guidelines. Hence why i mentioned it.

Sorry I didn't make myself clear. She recommended aids for kitchen and bath and dressing.

pip12345

I was 1 point away from enhanced 

Lbaby23

I was 2 points away without the 4 points I've MR'd for

Lbaby23

Hi all , just a update .. I've been given the extra 4 points at MR . Meaning my award is now enhanced rate DL and Enhanced mobility. My back pay is only 200 so I question this due to waiting since March why is so low. The decision maker I spoke to today  wasn't the one who made my decision yesterday and said he "couldn't understand " why they have only backdated it a month when the issues were clearly there from February 2023 . He sed to will re read through my notes and see why they made the decision to not backdate.

Anyone else had this?

Thanks

poppy123456

If you reported the changes that started the review then yes usually the extra money is paid from when you reported the changes. Assuming you had the increased difficulties for at least 3 months from that date.

If it's a review started by DWP then normally they don't usually backdate it and usually the new award is from the date of the decision. However, due to the length of time review decisions are taking, sometimes a decision maker will use their own discretion and backdate the award to an earlier time but this doesn't happen to everyone.

We've had some members that have had their award backdated and some who haven't.