Mandatory Reconsideration

PP78

Hello,
I'm new to these forums and just wondering about experiences of Mandatory Reconsideration of a PIP Award.

I have been awarded Standard Rate for both Daily Living and Mobility until 2022. Which I know is a fairly good outcome - and I was surprised by the quick turnaround too, with a decision made just 3 days after DWP received the medical report.

However I believe I did meet the criteria for Enhanced for both, and am considering a MR (and possibly Tribunal as I know MR has a very low chance of success).

I know that this can theoretically carry a risk of a lower award.

I was just wondering what others experience of MR and appeal has been - has anyone ever experienced a reduced award through this process?
Thanks

woodbine

Hi @PP78 how are you today? The DWP usually follow the hcp's assessment and in theory its possible to make the award quickly, if you go down the MR then you need to give examples of where you didn't score points and you believe you should have, giving them an idea what would happen if you tried to do that example. In theory there is a slim chance that you could lose some of what have been given.
So its a judgement call for you, if you are happy enough with the award do you except it?
If you need further help just ask.

PP78

Thanks @woodbine . 
I'm ok, having a bit of bad day having to spend a lot of time in bed. I have Fibromyalgia and it's incredibly variable. Thanks for asking. Hope you're well.

It's a tricky decision. I'm going through the report to compare the decisions in each section so I can see where I think "mistakes" have been made and are not a true reflection compared to the evidence I submitted.

In many ways I'm just pleased to have been awarded something, so may just leave it. But also conscious that I can often be in bed 4 days out of 7 and not able to do anything....so on those days I believe it fits more with the Enhanced award.

Thanks again for the reply & stay safe

janer1967

Hi @PP78 Welcome to the community great to have you on board.

Please consider the following a MR and tribunal can take over a year to complete even in normal times so I would expect it will take even longer due to backlog of court hearing only taking place over phone.

Bearing this in mind your award will be up for review not much longer after this time so maybe wait till it is reviewed. I know this means you would miss out on back pay of any extra you could be awarded at tribunal 

PP78

Thanks @janer1967, that is a good point, it probably will take that long or close to.

I’ll read over the report fully and see how much there is (or not), that I think wasn’t properly considered or taken into account. I think if there’s a very obvious area for dispute then maybe it’s worth putting in and just waiting. As you say, there will be the backdated award should I be successful.

If it’s less so, then maybe just wait and see.

janer1967

@PP78 I THINK that would be your best plan of action 

If you need any advice on MR just post and we can help 

chiarieds

Hi @PP78 - Welcome to the community & thank you for joining. I wonder if you've seen a list & explanation about the different activities/descriptors, as that may help you see where you feel you should have gained more points. Please see: https://www.cambridgeshire.gov.uk/asset-library/Scores-for-PIP-Descriptors-2020.pdf

Whilst they look at the whole award again with a MR, the chances are it will stay the same, or you would get a higher award for one, or both components.

On the whole, try to put your assessment report behind you, as it's describing the functional difficulties you have that will gain you points. For each applicable descriptor, give 2 examples of the difficulty you faced detailing why, when, how often, etc. you have problems. It's how you are the majority of the time, &, as you say things can be bad 4 days a week, that would be the case. Also say how an activity makes you feel both during & afterwards. I'm imagining with fibro that you could feel exhausted at times. If you couldn't repeat the activity as often as you'd like, or it takes you longer, this should be mentioned.

I was awarded the same as yourself (10 points for each component in mine). I thought I should get the enhanced rate for the mobility component, & was awarded it (+ an extra point for daily living!) Less than 1 in 5 awards are increased, but it does happen.

mikehughescq

The success rate for MRs is 16% so effectively random. However, the most common outcome of an MR us an unchanged award rather than a reduction.

PP78

Thanks all for your advice and guidance, it’s really appreciated. 

Well. I read over the report, and was actually quite shocked by some of the inaccuracies and contradictions.

One which was particularly shocking were comments around my mental health “Has had no thoughts of self harm/suicide”.......when I spent a good few minutes going over in detail some distressing things that happened. My wife was with me and was audibly upset on the speakerphone to the HP.

On the front page in the box for listing evidence consulted in making recommendations it listed 2 items - the PIP application, and a consultants letter - both with incorrect dates. I actually sent in 15-20 documents of evidence, which clearly weren’t read.

there were also contradictory statements - in several places saying I could only walk X meters most of the week due to severe symptoms, then scoring that I could walk a long distance in Moving Around section.

Less “important” as it doesn’t affect scoring, but still incorrect, it was stated I wear spectacles 2-3 times. I’ve never worn them, and didn’t mention them on the phone or in my application.

So pretty surprising I have to say. So safe to say I did decide to send in an MR referencing exactly where the inaccuracies, contradictions, and failure to read the evidence is provided were in the report.

Ill keep my fingers crossed I’m one of the lucky ones like @chiarieds, but won’t be surprised if it stays the same. At least the detailed MR request will be useful if I do have to take it further. Thanks for the info @mikehughescq - good to know the chances of a reduced award are very low at least.

mikehughescq

I talked about the most common outcome rather than the risk for your specific case. For that you need advice. 

I would focus on maybe 2 obvious demonstrable errors in the HCP report then move on to address your own evidence. The most common error is to obsess on the HCP report. Proving it inaccurate does not get you PIP.

PP78

Thanks @mikehughescq, that’s good advice and as I’ve read on various guidance forums, so I did try to do just that. Pointing out glaring errors, and then going through referencing my evidence and examples already submitted rather than dwelling too much on only the report.