PIP Mandatory Reconsideration

techwizard1992

I'll start by saying that, a few years ago, I was awarded an indefinite DLA award of lower rate mobility and middle rate care. I currently live in supported accommodation with support workers coming in twice a week (contracted for 6 hours per week), and the house I live in is owned by a supported housing association and only rents their flats to people who need support. Basically I have a diagnosis of Autism and Aspergers and this also has a knock on effect of severe social anxiety where I pretty much lock up and struggle to communicate face to face (although I communicate fine by email or text). I need my support worker present whenever I leave the house and whenever I have to engage with people face to face, such as appointments etc. Recently, my indefinite DLA award was stopped as I was transferred over to PIP. Had my face to face assessment and my support worker told the assessor everything and she wrote it all down. Naturally we were very surprised when the decision letter came through saying I'd been awarded lower rate mobility (which was fine) but no daily living component. Especially considering I 100% meet these requirements, as my support worker explained to the assessor:

1d needs prompting to be able to either prepare or cook a simple meal - 2 points

3b/c needs supervision or prompting to manage medication or health condition - 1-2 points

9c needs social support to engage with other people - 4 points

10c needs prompting or assistance to make simple budgeting decisions - 4 points

It's been explained to me that I need to score 8 points to receive the daily living component and the above is more than 8 so how they calculated their decision that I wasn't eligible god only knows.

I used to also be on ESA with the SDP component, as a result of being on middle rate DLA. This SDP top up helped me to pay my extremely large support contribution of around £235 a month, payable to the NHS and Social Services.

However, as of last month, due to a break in my claim I needed to reapply for universal Credit on 15th January. Not only does UC not offer the SDP premium, but the fact my pip decision hasn't awarded the daily living component I'd no longer be eligible for it anyway. Yet my bills, including my support bills, remain the same. But my income has less than halved. I'm getting less than £400 a month now and bills, including support bills, just aren't getting paid.

What am I supposed to do?

poppy123456

Hi,

Your next step is to request the mandatory reconsideration (MR) and you have 1 month from the date of the decision to request this. You need to put in writing what you disagree with and where you think you should have score those points and your reasons why. Adding 2-3 examples of what happened the last time you attempted that activity for each descriptor that applies to you.

I'm unsure why you claimed UC because you weren't found fit for work for your ESA. I'm assuming it was temporary suspended because of the SDP you were claiming stopped. This wouldn't have been a change of circumstances to prompt a move to UC. Your ESA should have just continued without the SDP but you would have been £64.30 worse off per week for that. Sadly all that's too late now because you've claimed UC and you can't go back.

Whichever group you were in for ESA DWP will honour that decision and place you in the relevant group for UC. WRAG will be LCW and Support Group will be LCWRA. However, it can take a few weeks to action this and for ESA to send over your details to UC. What you need to do is either put a note on your journal or contact UC and tell them what group you were previously in for ESA. Once they action this then you'll be paid the extra element per month. £328 for LCWRA or £126 for LCW per month. This means that you'll receive this and your standard allowance and your housing element in with your UC monthly payment.

cristobal

@techwizard1992 I'm assuming that the points that you have listed are what you believe that you should have scored? If so perhaps you could check your decision letter to see where the HCP's assessment differs from yours and then ask for a Mandatory Reconsideration?

techwizard1992

@poppy123456 I was in the limited capability for work group on ESA. They didn't place me into the support group because they somehow believed the issues I was having could be resolved by doing work related activities. Even though I've had anxiety issues like this all my life, school especially was a nightmare and my attendance at school was abysmal because of it. From my understanding the limited capability for work group on UC awards no extra money.

@cristobal that is what my support worker believes I should have scored and she knows me inside out. We've worked together for the last few years. The PIP assessor however knew me for half a hour and somehow understands me better than my support worker. Seems a bit rubbish to me if I'm honest.

poppy123456

It will depend on when your ESA claim started. If it started before April 2017 then yes you'll receive the extra money, otherwise no.

techwizard1992

@poppy123456 the ESA claim started in 2017 but after April. In addition there was a break in my claim where my ESA was stopped on 6th December and I had to make a fresh claim for universal credit on 15th January. All a big misunderstanding really. But during that month I got behind on bills, severely, and now can't catch up let alone make future payments because now I'm getting less than half of what I've been getting for the last few years. All DWP can say is speak to Citizens Advice, for which we're waiting for an appointment. But what can they do? Somehow advise me to pay money I simply don't have? I don't understand how I'm expected to live. If I lose my support I will literally die, and right now who's going to pay for my support? I'm in thousands of pounds worth of debt anyway and now it's getting considerably worse. Already had a debt relief order 3 years ago so am not eligible for another for another 3 years I think. And yes, I'm terrible at managing money without support so trying to budget is a nightmare and my support worker is doing her very best to help me but it's not solving the underlying issue of I can't pay money I simply don't have.

poppy123456

I still don't understand why your ESA stopped completely and you had to make a claim for UC.

As you have to pay towards your support then you should be re-assessed for the amount you have to pay because of the loss of your benefits. I would certainly advise you to speak to your social worker regarding this.

For your UC claim then you'll need to send in fit/sick notes from your GP so that you can start your claim for LCW, if you haven't already done this.

For the PIP MR then i'd advise getting further help with this and ask your support work to help you find an advice centre near you. This link will help you find out what's in your area. https://advicelocal.uk/

faye87

Hi I'm having kinda same problem.i claim dla for my son he's nearly 6 registered blind and under investigation for mild autism they say he only allowed low mobility claiming he only need support in unfamiliar surroundings which is untrue he can only see a 4 foot and that a year old report he's got lebers amerosis congenital and loser more vision all the time.whuch will one day lead to being fully blind  I mean he been at the same school for 4 years still runs into the same tree weekly.he braile training touch type.training and white cane training as well keeping up woth school work 
Its not that we need the money we both work but I feel if I don't fight for him now he'll never get it 

poppy123456

faye87 said:

Hi I'm having kinda same problem.i claim dla for my son he's nearly 6 registered blind and under investigation for mild autism they say he only allowed low mobility claiming he only need support in unfamiliar surroundings which is untrue he can only see a 4 foot and that a year old report he's got lebers amerosis congenital and loser more vision all the time.whuch will one day lead to being fully blind  I mean he been at the same school for 4 years still runs into the same tree weekly.he braile training touch type.training and white cane training as well keeping up woth school work 
Its not that we need the money we both work but I feel if I don't fight for him now he'll never get it 

Hi,

DLA for children is completely different to PIP, which is what this thread is about. I'd advise you to get some expert advice from an advice centre near you. This way you'll be able to explain your son's condition properly and they will be able to help you. https://advicelocal.uk/