PIP, DLA and AA
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PIP Tribunal and Mandatory reconsideration

cnewton29cnewton29 Member Posts: 1 Listener
edited August 2019 in PIP, DLA and AA
Hi all,

Got my carees mandatory reconsideration back today. she was bumped from standard to enhanced living and given 4 points from her 0 for mobility. 

the report from the DWP for mobility states that my caree would benefit from being prompted to plan and follow a journey. In the original PIP booklet we wrote about how my caree suffers from PTSD, anxiety, claustrophobia, cataracts and cholesteatoma. I mainly wrote about how my caree wont leave the house with someone she trusts and cannot use public transport due to her mental health issues. I then wrote about her danger to herself due to her eye sight and her poor hearing. In the mandatory reconsideration I wrote the following:

**** was awarded 0 points for her ability to plan and follow a journey. **** is unable to use public transport due to her anxiety and PTSD and would often not be able to find the energy to commit to a journey due to her low moods and depression. **** has difficulty reading due to her cataracts and would struggle to read information boards and time tables and could even possibly cause harm to herself due to her poor sight. **** also shows signs of psychological distress in unfamiliar places and around strangers, **** would therefore be susceptible to anxiety/panic attacks in public places. **** will refuse to leave her home without another person that she trusts to drive her and chaperone her whether this is a familiar or unfamiliar route and even with a companion will experience distress. **** has been DVLA restricted due to her cataracts and is no longer allowed to drive and would have to rely on other people to take her out. **** has also left the workplace due to the stress and because she could not always rely on someone else to take her to and from work, often causing her to not be able to show up for work and causing her to receive multiple warnings. I therefore Believe **** should have been awarded 12 points as the descriptor most accurate to her situation is being unable to follow or plan a route without assistance from another person whether the route is familiar or unfamiliar.

Did I completely miss the point with this? My caree was awarded 4 points for this.

For moving around the mandatory reconsideration report talks about the assessments musculoskeleton observations a lot, stating that my caree goes shopping with her mum or myself and can therefore move more than 200 metres. I wrote about how my caree suffers pain during physical movement, is susceptible to passing out etc with medical history proving this submitted. She was awarded 0 points. 

We plan to take this to tribunal as I strongly believe my caree needs support with her mobility needs. Would anyone have any advice/support for this? What do i need to do to prepare/send off for the letter or the tribunal? any similar cases? 

Thanks 

Replies

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @cnewton29 and a warm welcome to the community. Unfortunately, most decisions do not get changed until tribunal.

    Here is some information about Tribunal:
    Tribunal appeal
    If the DWP still do not change their decision after a mandatory reconsideration, you can appeal to an independent panel called a tribunal (Citizens Advice).
    An appeal can be complicated and challenging so do not be afraid to ask for emotional or practical help from relatives, friends, a support worker or health professional.
    When appealing to a tribunal you will need:
    • the Mandatory Reconsideration Notice sent by the DWP. If you’ve lost it, ask the DWP for a new one.
    You have 1 month from the date shown on your Mandatory Reconsideration Notice to submit your claim.
    This was taken from 'Challenging a benefit decision'.

    If there is anything else we can do to help then please do not hesitate to ask! I wish you and your partner the best of luck with the claim!
    Community Partner
    Scope

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  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    edited August 2019

    @cnewton29   I’ve always found the ‘planning and following a journey’ activity to understand - I scored points even though I put ‘not applicable’ - so it’s possible that I’m not the best adviser!

    I believe that much hinges on whether going out causes Overwhelming Psycological Distress (OPD) According to DWP guidelines,

    “OPD means distress related to a mental health condition or intellectual or cognitive impairment resulting in a severe anxiety state in which the symptoms are so severe that the person cannot undertake a journey without being overwhelmed.”

    What you wrote for MR sounds reasonable, particularly if they have been diagnosed with PTSD, but I wonder if there are a couple of inconsistencies which you might clarify?

    You say that your caree,

    ‘has been DVLA restricted due to her cataracts and is no longer allowed to drive and would have to rely on other people to take her out.’

    I wonder if this could easily be interpreted, perhaps wrongly, as meaning that he/she would go out if they did have a driving licence? (which they wouldn't, due to PTSD)

    ‘shows signs of psychological distress in unfamiliar places and around strangers’ and ‘would therefore be susceptible to anxiety/panic attacks in public places’

    Is 'showing signs of distress' evidence of ‘Overwhelming’ Psychological Distress? (I don't know - maybe @ilovecats does?)

    If you ask for a tribunal would it be helpful to give some examples - has your caree had a 'near miss' when crossing the road due to eyesight issues?

    I hope that you don't find these comments too critical - they are intended to be constructive and not dismissive of what you have written. Your caree is fortunate to have someone like you who is kind enough to put time in on his/her behalf.

  • Joanne_ScopeJoanne_Scope Scope helpline, Scope adviser Posts: 190 Pioneering
    Hi @cnewton29. I agree with @cristobal that if you decide to appeal then you need to focus on proving that your caree experiences overwhelming psychological distress. You need to give examples and explain why this happens, even if it seems obvious to you.
    You also need to be aware that if you appeal the decision they will look at the whole award again and there is always a very slight risk that an appeal tribunal will change the decision, but not in your favour. It is only a slight risk, but its something to bear in mind. It is usually worth talking things through with a benefits specialist, such as your local Citizens Advice, before submitting an appeal. 
    Joanne 
    Scope
  • G2019G2019 Member Posts: 9 Listener

    http://chng.it/7sZm4dTs

    Please sign this petition against the DWP to take them to the priminister and please pass it on as much as possible 
    thank you 

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    G2019 said:

    http://chng.it/7sZm4dTs

    Please sign this petition against the DWP to take them to the priminister and please pass it on as much as possible 
    thank you 

    I'm not sure why you're posting the same thing on different threads, this has already been posted multiple times.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • G2019G2019 Member Posts: 9 Listener
    @poppy123456 I am not sure why it is an issue to you if I do? I am posting to get the word out for my petition, if you feel I am doing something wrong by all means report me but as I am not your comment is pointless really and being negative towards me for no reason 
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    @G2019 You have posted your petition in it's own post, please refrain from posting the link on lots of other posts. It is seen as spamming and we will remove all multiple posts.

    This is to ensure the community is easy to navigate and doesn't get taken over by one post, I hope you understand this. If you have any questions then please feel free to email us on [email protected]


    Scope
    Senior online community officer
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