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PIP assessment downgraded

MyHappy256

So I was on full motabiity terminally ill 2 years ago, had a transplant and just had my assessment, I am very happy to say I have made a miraculous recovery according to the DWP medical staff and have been downgraded to standard PIP (sarcasm)

Thank God I had my assessment recorded because as usual it seems the assessor has put words in my mouth I never said and made extrapolations that are quite amusing, obviously I will be challenging this decision, but what I want to ask is if at the time of the assessment I was undergoing further investigations which only yielded results after the decision, can I refer to this evidence or do I have to complete a new PIP claim?

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Comments

Trevor_PIP

https://forum.scope.org.uk/discussion/139902/pip-assessment-downgraded

I gather you have the decision letter? I noted in another thread of yours you have a motability car, so this is not good. Tough one, I would refer to the new evidence in a Mandatory Reconsideration as it came about due to investigations at the time of your assessment. Other than that, it would be a Change in Circumstances and as you say a new claim. Hard one this actually. Might be better to go with the MR and put forward why you should have not lost the points and see how it goes, keeping a Change in Circumstances up your sleeve as a back up!

chiarieds

I would definitely agree that it's quicker to proceed with a Mandatory Reconsideration, which is best put in writing (a letter is fine). If the further investigations were due to the problems you already had at the time of your assessment then they are indeed relevant.

The DWP can only look at how you were at the time of your assessment, so, if any investigations you have had are due to a new condition(s) then, & only then, should you consider a new claim which is what a 'Change of circumstances' would be.

If you go for a Mandatory Reconsideration please say where you feel you should have gained points, & why. Hard tho it may be please put your assessment report behind you as it's only a part of your claim. You are challenging your decision letter, not your assessment report (they are often of poor quality).

MyHappy256

Thank you Trevor and Chiarieds

I have been in an out of hospital lately and getting close to the deadline, I read online that you can apply for a pip extension up to 13 months late provided you have a valid reason, can I just confirm this is accurate, or do I need to push to apply for an extension before the deadline?

The letter is dated the 2nd and it arrived on the 14th, and I have 1 month? or is it 28 days to apply for an MR?

At the time of the assessment and up to now I had been battling with confusion and cognitive impairment, this was dismissed by the assessor who made up the usual tripe excuses, but fortunately the call was recorded, I think I sound very confused, but I want to get someone I know to listen to it and get a second opinion, so the delay.

Also want to go through each point and identify where and what applies to me, so that will take some time.

Can I just clarify something, if you need more than 1 aid in the kitchen say or the bathroom, does each one increase the number of points you get as in you need help with that, or do they base it off one aid and therefore the total points you can get for the aid is 2 points?

Trevor_PIP

https://forum.scope.org.uk/discussion/comment/1086096#Comment_1086096

Thanks. I would need to look into your points as it is quite a while since being in that position. I can remember what I did but I got a long award and it's been years since. Have you sorted it now?

chiarieds

Hi @MyHappy256 - sorry I've just noticed your reply (due to Trevor_PIP's reply to yourself just now).

You are quite correct in that you can request a Mandatory Reconsideration within 13 months of the date on your decision letter with good reason. The fact that you have been in & out of hospital is reason enough, but you should clearly state this.

If you need 1 or more aids, then this would only potentially result in a maximum of 2 points being awarded for each activity/descriptor tho the use of the same aid could result in 2 points being awarded for different activities depending on what's considered an aid, e.g. some claimants say that they have to sit on a bed to get dressed, but this wouldn't be considered an aid.

You need to say why you need an aid (& what it is) to help you manage any of the PIP activities as the DWP have to consider if it's 'medically reasonable' for you to need such an aid so they need to relate to your specific disability. All I can suggest is clearly state any aid(s) that you need to use, & why.