PIP, DLA and AA
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Mandatory reConsideration

ellenlow17ellenlow17 Member Posts: 25 Listener
Hi. I’m pleased to say I’ve been awarded PIPfor mobility and personal care at the standard rate. I was considering asking for the Mandatory Reconsideration on the points for planning a journey. Do you have any idea how much of a risk this is?  I don’t want to lose my award altogether but cannot get a car without the extra points.  TIA
ELLEN 

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Ellen

    How many points have you been awarded for care and mobility ?

    Have you asked for a copy of the assessment report ?

    CR
    Be all you can be, make  every day count. Namaste
  • ellenlow17ellenlow17 Member Posts: 25 Listener
    Hi. I got standard rate for Daily living and standard rate (8points)for mobility.  I didn’t get any points for planning a journey or going somewhere unfamiliar on your own. I had ticked YES on questionnaire but they can’t have agreed 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    ellenlow17,
     If you feel that the points you did get for daily living and the points you got in the moving around activity are correct, then going for a higher rate of mobility component shouldn't be too risky. I'd also think about what it says in the assessor's report about all the activities, as this is likely to be what the DWP used. If it's clear from the report that your existing award matches what the assessor said, then that's as 'safe' as it can be - there's no such thing as a risk free MR in this situation, though.

    If you haven't got the report, worth asking for it as CR says. And if you didn't have an assessment (some people don't), I'd bear in mind that you might be called for one (or another one) when you ask for an MR.

    I'd have a look at the PIP self-test to be sure that you would get at least 4 points in the 'planning and following a journey' activity. In the MR request, explain what points you think you should have got, and if possible, point to evidence that backs this up (from a medical professional if possible, or any other professionals who work with you).

    If you don't have evidence from a third party it could be difficult to get more points via an MR and you might find you have to go to a tribunal, where you are more likely to have your own evidence (eg a diary, or examples from your daily life) taken seriously.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • ellenlow17ellenlow17 Member Posts: 25 Listener
    Thanks Will. I’ll probably leave well alone as I’m delighted to get the award in first place without an appeal   Thanks for clarifying things for me 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Ellen

    It would be a good idea to ask for a copy of the report for your records in preparation for re assesment

    CR
    Be all you can be, make  every day count. Namaste
  • ellenlow17ellenlow17 Member Posts: 25 Listener
    Hiya. Thanks but I’ve chickened out asking for it I think incase it all goes wrong! Lol
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    ellenlow17ellenlow17,

    Asking for the assessor's report doesn't risk anything, so you may as well get it - it isn't the same as asking for the decision to be looked at again. It's just extra information which was used to make the decision you have.  I think what CR means is that having it will help you to see what points they may  have missed this time round, so that when you are reassessed, you can try to make sure you really get across your problems with planning and following a journey.

    Also, as the government has recently decided that the old version of the regulations should apply, if your difficulties with planning and following a journey are to do with psychological distress then they should be looking at your award again anyway!

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • ellenlow17ellenlow17 Member Posts: 25 Listener
    Hi Will. I have sent a letter asking them to look at 1 question and said I wasn’t sure I had made it clear what help I need when travelling unfamiliar roads.  If they still say 0 points fair enough . I’ll leave it at that 
  • dottydottydottydotty Member Posts: 294 Pioneering
    ellenlow17,
     If you feel that the points you did get for daily living and the points you got in the moving around activity are correct, then going for a higher rate of mobility component shouldn't be too risky. I'd also think about what it says in the assessor's report about all the activities, as this is likely to be what the DWP used. If it's clear from the report that your existing award matches what the assessor said, then that's as 'safe' as it can be - there's no such thing as a risk free MR in this situation, though.

    If you haven't got the report, worth asking for it as CR says. And if you didn't have an assessment (some people don't), I'd bear in mind that you might be called for one (or another one) when you ask for an MR.

    I'd have a look at the PIP self-test to be sure that you would get at least 4 points in the 'planning and following a journey' activity. In the MR request, explain what points you think you should have got, and if possible, point to evidence that backs this up (from a medical professional if possible, or any other professionals who work with you).

    If you don't have evidence from a third party it could be difficult to get more points via an MR and you might find you have to go to a tribunal, where you are more likely to have your own evidence (eg a diary, or examples from your daily life) taken seriously.

    Will

  • wildlifewildlife Member Posts: 1,314 Pioneering
    @ellenlow17 It is very important to ask for your assessment report by ringing the DWP and preferably before you do a Mandatory Reconsideration. It's too late for you to do this before but you can do it now. That's what the other posters are trying to tell you. You may find, and many people do, that the assessor has written incorrect information or even downright lies about you and you need to know this whether you're accepting your award or not. So I strongly advise you to ask for a copy of the PA4 to be sent to you. The reason being that this is data about you and needs to be correct so they can't use lies in future reviews of your claim. 
  • dottydottydottydotty Member Posts: 294 Pioneering
    Wildlife  can I ask is the PA4 the assessors report ? . Also if your Pip was awarded in 2014 for 4 years   and they reassess before award ends ,Do you have to qualify using the new descriptors or can you by Law argiue that the old descriptors should be valid .     Hope that makes  sense . 
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @dottydotty Yes the PA4 is the assessors report. I'm not sure what you mean as there are no old and new descriptors. DWP changed the mobility for journeys to exclude overwhelming psychological distress but that was only April last year (I think) and it's now been changed back to what it was before if that's what you mean. 
  • [Deleted User][Deleted User] Posts: 215 Listener
    @dottydotty Yes my mum got her assessment report and the assessor ticked descriptor E so it must be back to how it was 
  • dottydottydottydotty Member Posts: 294 Pioneering
    Wildlife   Thankyou , Yes it was that descriptor I was referring to as in my last award I scored 4 points for the journey part , but on my  re assessment I scored  0  , but I have 2  two independently occurring conditions ?    I am seriously thinking of giving up with an appeal if my RM comes back denied .  Curiously  my assessors report mentions twice in different paragraphs that I  have a valid   drivers licence .- which I most certainly don't have and have never ever had .       this error would surely lose me  points if I was stating blackouts siezures etc .
  • dottydottydottydotty Member Posts: 294 Pioneering
    Budgie2   Thanks  for the info , You must have had a good assessors , can I ask what profession he / she was . Mine was a male  paramedic , he arrived  early,  barged into my house as if he was responding to an emergency call.   The whole assessment was rushed  hurried. and  I was too scared to ask him to slow down . I am also deaf  so had to really concentrate hard to try to hear him   .In his report  it said I was in a HAPPY MOOD and Relaxed .   
  • [Deleted User][Deleted User] Posts: 215 Listener
    @dottydotty hi yes she was a lovely physiotherapist..she asked mum questions and confirmed them with me after ...I left mum to it I was in and out of the room..fortunately mum got a true honest assessor at home ..but who's to say the next one will be..Well don't let him get away with it because it shouldn't be happening .take it all the way ..Good luck .
  • [Deleted User][Deleted User] Posts: 215 Listener
    edited January 2018
    @dottydotty But mum hasn't got her decision yet so don't know about award as yet ..I'm just going by the report at minute .
  • dottydottydottydotty Member Posts: 294 Pioneering
    Budgie2  thankyou  and I hope your Mum gets her award , Perhaps you will let us know when it arrives, Did the assessor tick the right boxes in the report if so you should be ok  good  luck .
  • [Deleted User][Deleted User] Posts: 215 Listener
    Budgie2  thankyou  and I hope your Mum gets her award , Perhaps you will let us know when it arrives, Did the assessor tick the right boxes in the report if so you should be ok  good  luck .
    Yes she did everything was right what she said and tcked
  • dottydottydottydotty Member Posts: 294 Pioneering
    Budgie2  I'm  glad  your Mum  had a good assessor , I'm pleased there are still  some around . I keep  re reading my report and it just doesn't make sense .  I jhave made a formal complaint to Capita , so I'm hoping DWP will take note of that .
  • [Deleted User][Deleted User] Posts: 215 Listener
    @dottydotty Great please let us know how you vet on Good luck 
  • dottydottydottydotty Member Posts: 294 Pioneering
    Budgie  I certainly  will , and please let us  know  how  your Mum  gets  on . have  a nice  weekend .
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