PIP, DLA and AA
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Looking for pip help

littleysalittleysa Member Posts: 3 Listener
edited February 2017 in PIP, DLA and AA
As the title says I'm looking for help.
My boyfriend has been taken from DLA to pip. He has just got his pip back to which he got rewarded enhanced
 for the living bit and  standard for the mobility. 
He never got an assessment before he was given the reward. 

He he has now lost his car his only means to get out and about and to get to work and when he does go out he uses a wheelchair and uses his custom made crutches to get from the house to the car.

Is there anything we can do other then a mandatory reconsideration appeal? 

Any my advice would be great.

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    hi littleysa,

    Asking for a mandatory reconsideration is the next step, and you should try to do this within a month of the decision (if it's longer than this, please do ask for one anyway, as the decision doesn't sound right). I'm sorry, but you do have to ask for a mandatory reconsideration (MR) before you can challenge PIP decisions. The only other route would be to stop his PIP and then claim again in the hope of a more accurate decision next time, & I wouldn't recommend that here, where at least he is getting the enhanced daily living component.

    Not everyone gets called for an assessment, and there's nothing wrong with that in itself. The health professional will still have prepared a report about your boyfriend on the basis of his PIP2 questionnaire. You should ask for a copy of the report, as that will help you to challenge the decision. If the report is very poor and ignores the evidence your boyfriend sent in, you might want to complain (as well as asking for an MR).

    To get the enhanced mobility component your boyfriend needs to score at least 12 points. You can check how that's decided by using the PIP self test here. When you're asking for the MR, explain how the evidence you've got shows he should have got 12 points. Medical evidence from professionals who know him is useful, but so are examples from his daily life.

    Remember that he shouldn't be told he can do something unless he can do it 'reliably' - repeatedly, safely, to an acceptable standard and within a reasonable time period. So for example, if he can stand and then walk using his crutches, but it would take him more than twice as long as most people, he should not be regarded as being able to do it. Or if he can do it, but he can't repeat it again that day because of the effort involved, he should be regarded as not being able to do it.

    Because of the knock on effects of this decision (your boyfriend has lost his car which he used to go to work) I also do recommend that you consult your local MP - the government have said they'll look into allowing people to keep their cars during the MR and appeal process and we need this to get changed as soon as possible. Your MP might also be able to help if you do need to complain about the paper-based report.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • littleysalittleysa Member Posts: 3 Listener
    Thanks for the help.

    He is looking into professional medical people to help him and we how even have a back up plan for when the car has to go back until this is all sorted.

    The thing is he stated what you have said for the walking but it looks like it hasn't been taken into account at all. 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Littleysa

    The next step depends on where things have got to - has your boyfriend received a letter from the PIP office headed mandatory reconsideration notice? If he has then he can appeal to an independent appeal tribunal which has a higher success rate. This is done on a form SSCS1 which you can download and print from here. It usually has to be done within a month of the mandatory reconsideration notice so don't delay. When filling the form out you should include much of the same information in the mandatory reconsideration letter Will advised you on before.

    If you have any further questions do let us know.

    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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