1st PIP Review since tribunal win. PIP not given only awarded 2pts

Bluedandelion

Hi

Hoping anyone can advise please.

My Niece had her PIP Telephone Review in December, the first review since we won at Tribunal in 2024.

At Tribunal she was awarded standard care 8pts and standard mobility 10pts.

We have today received the decision letter today informing us that they have stopped her PIP and she is awarded only 2pts for care.

I have requested a full copy of the pip medical assessment so I can raise a mandatory reconsideration. As her issues have actually worsened since her first PIP claim and the subsequent tribunal award not gotten better.

Can anyone shed any light as to what this means from the Decision part of the DWP letter please ?
‘I looked at the health professionals consultation report and changed the descriptors previously chosen based on the medical evidence received. I have ended your PIP as you no longer meet the conditions for PIP and I would not expect you to know from the information provided that your PIP would change. I have made my decision using information about your health condition or disability… This information is the best available and enough to decide what help you need’

The gist of the rest of the DWP decision doesn’t say that she’s improved but focuses on the fact she hasn’t had any therapy or further input since her Autism diagnosis etc and picks up any half positive thing as to why they’ve decided she doesn’t need any support. Eg eats 1-2 meals a day but totally ignores that she needs prompting and reminding to do so etc

Any help or advice would be much appreciated, thank you.

chiarieds

Hi @Bluedandelion - unfortunately after a Tribunal decision a subsequent review is then made by the DWP.

Part of the info you've received in your decision letter is some of the 'copy & paste' replies that are often used, including not receiving 'appropriate' therapy.

It's great that you are looking to do a Mandatory Reconsideration for your niece, but please remember you're replying to her decision letter, not the Health Care Professional's report.

It's pretty dreadful that 'medical evidence' was considered, as PIP is rather about your functional ability to be able to 'reliably' attempt/do any of the relevant PIP activities/ descriptors.

Please have a look at the following links, which I hope may help. Please especially look at the 'Reliabilty'section in the first: https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

https://mentalhealthandmoneyadvice.org/welfare-benefits/pip-mental-health-guide/help-with-your-pip-claim/how-to-fill-in-the-pip-form/

Altho this 2nd link is about claiming PIP, it's relevant in perhaps seeing how to explain some of your niece's difficulties.

Please put her Mandatory Reconsideration (MR) in writing; a simple letter is fine.

With her MR you should say where you think she should have got points, & why, giving a couple of recent, detailed examples as to the difficulty she faced for each applicable descriptor (at the time of her assessment), i.e. when did it happen, where, what happened, did anyone see this, & were there any consequences to attempting/doing any activity? What support, such as prompting, does she need?

Say if she can't do an activity 'reliably,' i.e. safely, to an acceptable standard, repeat as often as one would reasonably expect, or if it takes her much longer than someone without a disability.

Put her name & National Insurance number on each page. Keep a copy, & get a free Certificate of Posting from your Post Office when sending it off.

Bluedandelion

https://forum.scope.org.uk/discussion/comment/1094397#Comment_1094397

Thank you so much for such a detailed response. Your reply and links you attached will really help me in constructing the mandatory reconsideration for her :)