Concerned about time frame with MR

Stevens1972

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.

pink_princess

Hi @Stevens1972

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.

Ails

Hi @Stevens1972 and welcome to the Community.  It is nice to meet you.  I'm sorry to hear about everything you have gone through.  I am not experienced with PIP and so am unable to answer your question.  However, we have another Community Champion, @poppy123456, who is marvellous when it comes to answering DWP questions.  So I will tag her in and I'm sure she will be able to help you.  Meantime, all the best. 

Hi @poppy123456, could you please help @Stevens1972 with his query?  Many thanks, @Ails. 

poppy123456

Thanks @Ails for the tag.

Hello and welcome @Stevens1972

I'm also one of the community champions here on scope and i'm here to help and advise others.

Sadly, this happens a lot. Driving has been know to go against you, as does working, if the work you do contradicts the reasons for your claim.

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 should put it in writing stating where you think you should have scored those points and your reasons why. Then add a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

Send relevant evidence with the letter to support your claim because they rarely contact anyone for this.

Do be aware that most MR decisions remain the same, so it's likely you'll have to take it to Tribunal. Waiting times for hearings are huge in most areas and lots are waiting a year for a hearing date.

If you can get help and advice from an agency near you then i'd advise you to do that. See link for what's local to you for that advice. https://advicelocal.uk/

Chloe_Scope

Hi @Stevens1972, just wanted to check in to see how you were getting on.

Stevens1972

Good evening all and many thanks for your replies. I am currently trying to complete my mandatory review which is so stressful. I don't believe that we should be put through this when suffering with an incurable, progressive disease! 11 points in 2014 became no points following my review in November! My difficulties however have not changed - this disease continues to rule my life on a daily basis.
 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? 

chiarieds

Hi @Stevens1972 - As I'm sure you appreciate, only you can decide whether to proceed with the Mandatory Reconsideration, or not. If you haven't left yourself with time to obtain some local advice as advised by Poppy above, the only hopefully helpful thing I might suggest is to have a look at the following link, which is unfortunately lengthy. See: https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Perhaps this may help you decide whether or not to proceed. If you do, please follow the rest of the advice already given by Poppy, as she has a vast knowledge about the benefit system.

You don't need to go to the slightly extra expense of sending anything to the DWP by recorded delivery (I later learnt have done just that!), but do ask for a Certificate of Posting if you decide to go ahead.

griff11

Do continue .  I did MR and appeal for my husband and will be going through it again fir my daughter !
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 .