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Concerned about time frame with MR
Stevens1972
Member Posts: 2 Listener
Good afternoon! I found this site whilst looking for advice on a PIP review. I suffer from Rheumatoid Arthritis. After coming off a drug due to side effects around six years ago I had a major flare-up which led to me staying in hospital for over a week. Following this my GP as was at the time suggested I apply for PIP even though I worked full-time and still do. I applied, had to attend a face-to-face assessment and was awarded the daily living component at the standard rate for 5 years having scored 11 points. Had to complete a review form in recent months and had a home visit by an assessor. Received my decision letter this week and they have stopped my PIP because I scored 0 points this time. They seem to have based this decision on the fact that I drive my manual car to work and back each day but I did at the time of my original assessment. My needs haven't changed and it's an incurable condition so it seems that there are considerable inconsistencies between their assessors. I realise that I can apply for a mandatory review but should I request copies of the assessment report first? Should I do this by phone? I am concerned about the time it will take to obtain these because I have to request the mandatory review within one month of my decision letter. Any advice would be greatly appreciated.
Replies
Welcome to the Community 😃
I am one of a team of community champions a volunteer role on the website welcoming new members and giving advice. I’m sure somebody will be able to give you some advice on this for now again welcome to the community.
Hi @poppy123456, could you please help @Stevens1972 with his query? Many thanks, @Ails.
I've not been here long myself and don't pretend to have the same knowledge as much more experienced posters but I have been in a similar situation to yourself which was resolved satisfactorily. I too have RA & was on lower rate DLA for 20 years until forced to apply for PIP. Like you I scored zero points at assessment. On Wednesday of this week I was successful at appeal though as I have other conditions I can't say specifically everything was awarded for RA.
I obtained a copy of the assessor's report before submitting an MR and went through it with a fine toothcomb. Even so the MR came back almost three months later unchanged. It's always possible you might find something in the report you think might help at MR but I think if it comes down to waiting for the HP report or submitting the MR I'd do the latter if I were you. At least that way you've followed the rules and are well placed to proceed to appeal if it comes back unchanged. You can phone for a copy. One other thing I'd send your MR recorded delivery or signed for (ditto evidence for appeal if need be). It costs a little bit more but it'll give you peace of mind that you can state when it was received, where it was received and who received it should anything later go missing (as happened with me).
I think the crucial issue is you say your needs have't changed as this is a chronic, progressive and incurable condition. But the big issue as those more experienced than I am will tell you is whether or not your capabilities have changed within the parameters of the DWP descriptors. Example: at appeal when explaining how I often needed assistance in dressing my upper body in the morning I was asked if it would be easier to wear a cardigan than a jumper!
That's how crazy it can get (my answer was no BTW)
The key thing is if your condition is no better and you can get medical evidence to say so then you're in a strong position - at appeal at any rate - to say that what qualified you five years ago qualifies you now.
One last thing. I see you had a home visit. If it's at all possible do attend the appeal - if it comes to that - in person. My award says the Tribunal "placed particular reliance on the oral evidence of the appellant......"
Good luck
I was diagnosed around 15 years ago and it's a battle every day. I don't know whether to carry on with the mandatory review or to give up?
For the MR I wrote a letter giving examples of how the conditions affected my husband daily. I also enclosed a letter from consultant about his injuries and appointment letters from his two consultants. I also addressed their errors and inconsistencies in decision to assessment report. His physio also wrote a short report. The MR was same as original decision do I applied online for tribunal with him not attending . I submitted exactly the same evidence as I did for MR. He had a phone call before it went to tribunal from DWP and they asked a few was questions and changed their decision so no need for appeal. They asked is if he was happy to stop the appeal as they had nis changed their decision. He says yes and his award was for 5 years .
Also, don’t get too hung up on deadlines. Late MRs are possible up to 13 months provided you can make a strong case.