PIP refusal - what now?

kittyt2

Hello, 

So my mother has had to go through the process of changing from DLA to PIP. Today, she was informed that after an eight-week wait, she did not meet the threshold. She is obviously devastated, and I am at a loss of how I can help, and what stages she needs to go through now.  She received 6 points for the first, and 4 points for the second. She suffers from various conditions the most severe being myasthenia gravis. 

I have seen contradictory posts about what the assessors obtain before making their first assessment. We provided all contact details for every single one of her specialists, would they have contacted them? Or just contacted her GP who she rarely sees?

I know that we need to wait for the actual rejection letter (we had to call as she had been waiting for longer than normal) then we can start the MR process. I just do not know what information we should actually be obtained in order to send in. 

(I am also aware that we will more than likely have to go to appeals, so will have to keep all evidence). 

Thanks for any help 

Jenny14

The same the same happened to me. I was 23 years on enhanced mobility and this year they stopped all my money. I got 6 points for daily living and 4 points for mobility. I only have 1 lung and asthma in my remaining lung plus heart problems and fibromyalgia. I’m waiting for my mandatory reconsideration. It looks like it’s going to be a long fight. Good luck to you. by the way i’m 68 and a pensioner

poppy123456

Hi,

It's the claimants responsibility to send evidence to support their claim to prove they qualify. It's not their responsibility to contact anyone and they very rarely do this.

PIP is different to and has different criteria. PIP isn't about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors.

Your mum's first step is to request the mandatory reconsideration within 1 month of the date of the decision. This should be put in writing stating where she thinks she should have scored those points and her reasons why. Adding a couple of real life examples of what happened the last time she attempted that activity for each descriptor that applies to her. Any relevant evidence should be sent with the letter to support her claim.

Do be aware that most MR decisions remain the same so she'll very likely have to take it to Tribunal. Appearing in person will give her the best chance of a decision in her favour. The only downside is that waiting times for hearings are huge across most of the country and some are waiting a year for hearing date.

This link will help her have more understanding of the descriptors and criteria and will be worth having a read through.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Chloe_Scope

Welcome to the community @kittyt2. I'm sorry to hear this, I can understand why you'd be frustrated.

Poppy has given some good advice above and I hope this will support you in appealing the decision.

If there's anything else we can do then please do let us know.

kittyt2

Thank you so far. 

If we obtain letters from her actual specialist doctors, and attach them with the letter for her MR, will they take these into consideration? Or will they be most likely for the appeal? I am fighting this for her. Absolutely disgusted how they can treat anyone in this way. 

poppy123456

I'm not saying they won't be taken into consideration but most MR decisions remain the same so it's very likely she will have to take it to Tribunal,

kittyt2

So, saga continues! They have lost the registered delivery letter we sent in. Now to send another, maybe even 3 just to make sure they blooming get it. idiots the whole bunch of them!

poppy123456

Registered signed for delivery is a waste of money and it's not proof it's arrived at DWP. Proof of posting is just as good and it's free.

chiarieds

Hi @kittyt2 - I'd just like to add that I had an indefinite award of DLA, then also had to migrate to PIP. Altho' your Mum's medical conditions would have been taken into account, as in someone with her conditions may be expected to have a certain level of difficulty, as everyone with a certain condition(s) may be different, then you need to say about her own particular problems with any aspect of daily living, &/or mobility, as stressed by Poppy in her initial response.

Altho' as few as 15% of MRs are successful, this may be in part due to the lack of people understanding about the 'descriptors,' & relying solely on medical evidence. So please do read through the link Poppy gave to see how, & when, points may be awarded.

As far as a MR goes, then any new medical evidence 'may' help, but possibly only as far as describing any problems your Mum has with mobility. Her consultants would probably not know how this impacts on any daily living activities, but there may be some insights due to her conditions.

Please read through all of the link Poppy gave carefully, as you also need to be able to do any of the descriptors that may affect your Mum 'reliably.' So, perhaps it takes her more than twice as long as someone without her problems would have, etc.

You can help your Mum by understanding these descriptors, & following Poppy's advice.