PIP Mandatory Reconsideration Notices

paffuto10

  Hi everyone , I'm new to this site. 
I am dealing with adult son's PIP as he has severe autism, mild brain damage and severe anxiety. 

Has anyone else heard of this please? 

We have received 2 different MR Notices. Both with same result: Standard daily living but different time scales. 
1st letter says "ongoing" and 2nd letter says three years. 
1st letter contains "My decision " but 2nd letter doesn't. 

Today, received phone call from Decision Maker who claims 1st letter was an "error" and that "ongoing" was a mistake. 
However, she offered to have another look at mobility (0 points) and send us a new MR Notice. 

Has anyone else experienced anything like this? Not sure what to do and wondering if legally, they have to stick to 1st MR (ongoing)? 

We also received 2 "Statement of Entitlement". 
One for ongoing, 2nd for three years. 
Any advice would be appreciated please x

Jurph

I'd wait for the new one. The award might increase!

paffuto10

Hi Jurph :-) love your doggy pic! 
Thanks for reply but do you think we can trust them to send new decision or should we be getting on with Appeal process? 

So confused with it all! 

poppy123456

Hi,

Those under state pension age will only receive on going awards (10 years) if they have Enhanced for both parts) i'll be very surprised if the award is ongoing. This is because he condition could change in the future and become entitled to the mobility part. Good luck with the MR for the mobility.

paffuto10

Thanks for advice @poppy123456

So the "ongoing" was a mistake then. But I was wondering if legally they have to stand by it, now they've actually sent it? 

poppy123456

No problem. No, they don't have to legally stand by that award because they can review it at anytime. As this links states, only those with the highest award (Enhanced for both parts) will be given ongoing awards, if their condition will never improve.

https://www.benefitsandwork.co.uk/news/3857-dwp-begins-moving-existing-pip-claimants-to-10-year-light-touch-reviews

paffuto10

Thanks for that link @poppy123456
I can now see I'm fighting the wrong battle here!! 

I will concentrate on the new letter arriving and trying to ensure son gets mobility. 
He was on low rate mobility with DLA but this has been removed under PIP. 

Thanks again x

paffuto10

Hi guys 
Just to let you know, received new MR notice yesterday. Son now has mobility 

Standard for both Daily Living and Mobility. Same money as when he was on DLA. 

Thanks for advice x

david235

That's wonderful news @paffuto10 .

I have "ongoing period" PIP that was awarded in 2013; my award was made in the first few months of PIP. The evidence included a letter from my neurologist pointing out I had been ill for almost 20 years and that he did not expect any improvement in my condition. The Assessment Provider reported no requirement for future reviews. My award is enhanced Daily Living and enhanced Mobility.

@poppy123456 - reading the Benefits and Work link you posted, there are two distinct routes to "ongoing period", which are explained in the parliament.uk document that was linked to and are  clearest in Diagram One of that document. One route is maximum possible award (enhanced Daily Living and enhanced Mobility - or, for those over State Pension age, enhanced Daily Living and any Mobility level including none as Mobility can only stay the same or go down once over State Pension age) and evidence that needs will only stay the same or deteriorate. The second route is if the Assessment Provider reports no requirement for future reviews - which means that the Assessment Provider is giving an opinion of stable needs or high needs (which presumably means a maximum possible award) that will only deterioriate.

I realise that nobody likes reviews, but in some cases they do result in a higher award if the needs have increased but the claimant did not report a change in circumstances. It is clear that the intention is to make sure that ongoing period PIP awards are only given in non-maximum award cases if the Assessment Provider reports the needs are stable - if that advice has not been given to the Decision Maker then an "ongoing period" award should not be made in these cases on the Decision Maker's own initiative.

In other words, simplifying all this, an "ongoing period" award can be given if:

• a maximum possible award is made with evidence of stable or deteriorating needs, or
• the Assessment Provider reports no requirement for future reviews (which may include cases where a maximum possible award is not made with an expectation of stable needs over the long term)
  

There is no point DWP reviewing maximum possible awards with a stable or deteriorating prognosis. I am glad that the Benefits and Work page reports ongoing work to revise such awards to "ongoing period" when they were orignially made with a review date.

In some cases of stable needs an "ongoing period" award is appropriate. For example, there are some people below State Pension age who have stable Daily Living needs and are not expected to qualify for a Mobility component. It does not make sense to exclude such people from an "ongoing period" award just because they do not qualify for a Mobility component and are not expected to do so.

As my award was made in 2013 I will be one of the first to find out what a "light touch" review for "ongoing period" PIP is like.

poppy123456

....

worried33

david ahh yeah thats the same document I read about the +12 months on awards for reviews as well.

paffuto10

Hi @david235

Phew........your post hurt my brain but I think I got the gist of it. 

I'm sorry to hear that no improvement is expected for yourself. I wish you well.

Yes, one of the first to experience "light  touch" review. You'll have to let us know how it goes. Another 4 years to go yet , though 

david235

@paffuto10 - DWP's own explanation in the Parliamentary document is unclear, even for someone like me with legal training who is used to unpacking legal English (I have completed all but the last module of a law degree). It was only the flowchart that clearly drew out the two routes to an "ongoing period" award.

I expect most people with an "ongoing period" award will be people like me - maximum possible award with a "no improvement expected" prognosis. This was clearly the scenario in @poppy123456 's mind. In this scenario, any deterioration cannot lead to a higher award.

I suspect the number of people who get "ongoing period" without being given a maximum possible award will be low. This is a scenario where DWP have to proceed with care, as slow deterioration over time could lead to an inappropriately low PIP award without the claimant making a change of circumstances request for reassessment. I was in that scenario with DLA at one point - after a struggle to get DLA in the first place, I stuck with a lowest Care and higher Mobility award until it was up for renewal. At renewal I got highest Care and higher Mobility, which was probably the award I should have had for some years. I simply could not bring myself to take the risk of losing what I had by reporting a change of circumstances.

There are relatively few cases where there is a clear prognosis of stability for ten years or more that would be likely to result in the Assessment Provider recommending "no review" without also recommending a maximum possible award. Perhaps some cases of sensory impairment where the impairment is total and the claimant is well adjusted to the consequences would fall into this category, though as sensory impairment is not an area in which I am particularly expert nor is it my lived reality, I would not want to speculate further.

paffuto10

Thanks for support and advice on this matter
@david235, @worried33, @poppy123456, @Jurph

Much appreciated 

Jurph

Glad it worked out well for you.