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MR and tribunal

fali0599fali0599 Member Posts: 11 Listener
Hello everyone, hope you’re all well!

I had my pip assessment a few months ago and then received a decision that I scored 6 points for daily living and 4 points for mobility.

I have sent off an MR and have read that as of this year, 50+% of decisions are changed. Do you think I have any hope of scoring the required points?

Also, should the decision not be changed and I wish to appeal, is there any form of appeal and tribunal that is written so I do not have to go in person or speak to anyone over the phone. I am way too nervous and would not be able to do it.

Thanks!!

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I'm not sure where you read that but it's not correct. Most MR decisions remain the same and only about 17% of them change so it's very very likely that you'll have to take it to Tribunal.

    Under normal circumstances appearing in person will give you the best chance of a decision in your favour, with more than a 70% success rate, if you have representation. Paper based decisions have less than 10% chance of success.

    However, at the moment because of Covid19 there's no face to face hearings, it's phone hearings. How long this will carry on for i have no idea. As you've only recently requested the MR by the time the appeal comes around they may well be back on again.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Thanks but i don't read that as more than 50% of MR decisions change. @mikehughescq i know you can help here, having been away from the forum for a few months i'm a little behind the times. The latest MR stats if you could please? Thanks in advance, much appreciated for any help.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • mikehughescqmikehughescq Member Posts: 6,008 Disability Gamechanger
    Those are the current ones @poppy123456 although as ever with DWP not all is as it seems.

    Those stats suggest the overall MR success rate is 54%. That’s pretty much impossible from a figure of 17% last October. What they really mean is that the success rate for cases decided during lockdown is 54%. However, even that is deceptive as a “success” to DWP may just be an award of “something” as opposed to nothing and as opposed to “all of what you asked for”.

    So, in summary, a significant temporary jump where all is not as it seems.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Wow i should say it's not all it seems indeed. That's insane increase, i almost fell off my chair! Thanks again Mike.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • katho31katho31 Posts: 694 Member
    fali0599 said:
    Hi ive just tried to access this website but its saying page not found?
  • katho31katho31 Posts: 694 Member
    Sorry that was meant for @fali0599
  • katho31katho31 Posts: 694 Member
    @fali0599 their post, apologies
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    katho31 said:
    fali0599 said:
    Hi ive just tried to access this website but its saying page not found?

    I've just clicked the link and i can view it perfectly.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • janer1967janer1967 Member Posts: 9,340 Disability Gamechanger
    Hi and welcome to the community great to have you on board, I dnt have anything further to add just wanted to welcome you
  • mikehughescqmikehughescq Member Posts: 6,008 Disability Gamechanger
    @Fetlock spotted the update @poppy123456. 54% isn’t really 54% but nevertheless. 
  • HayleygHayleyg Member Posts: 2 Listener
    Hi just wanted to say It's not impossible to get the decision changed I had an assessment in March scored 2 points daily living, after sending a supporting letter from my husband and Doctor I was awarded enhanced for both at mandatory reconsideration, I received my letter last week with an award for 4 years, I know it's not the same for everyone but there is hope even if its only small 
  • katho31katho31 Posts: 694 Member
    Very pleased for you @Hayleyg well done
  • janer1967janer1967 Member Posts: 9,340 Disability Gamechanger
    Great news thanks for sharing 
  • fali0599fali0599 Member Posts: 11 Listener
    Thank you all for your contributions it really does help!

    congrats @Hayleyg I’m so pleased for you. I received a text a couple weeks ago saying they’d received my MR so fingers crossed. 

    How long did it take for you to receive a response? @Hayleyg
  • HayleygHayleyg Member Posts: 2 Listener
    Thanks  everyone it was a massive relief, It took 3-4 months but there was a delay getting the letter from my doctors as they stopped doing anything but emergencys for about 2 months so once they received it they were a lot quicker than I expected 
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Hi 👋 
    just to share my experience. My telephone assessment was in March and I only got awarded 2 points daily and 0 points mobility. After I sent in my MR and loads more evidence from the hospital and family, I got awarded 11 points daily and 4 points mobility 😊
    I have appealed that decision today as I believe I should of got 12 points mobility. I am very scared and anxious, but I am going for it.....

  • fali0599fali0599 Member Posts: 11 Listener
    @Debbie1234

    thats amazing to hear and good luck with your appeal! I received a text that they had all they required a month ago still waiting to hear.

    did you receive any phone calls off them before the MR decision? Also how long did it take to receive the decision after they received it?


  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Good morning 😊
    it was around 8 weeks in all. I Received a phone call from them three days before I got my letter to say the MR had gone in my favour. I am still waiting for my back dated money which is due tomorrow. 
    I really hope all goes well with you sweetheart. I am withdrawing my appeal today as I personally don't want the stress and at least I have something. Even though they say they have enough evidence if you find anything more send it in within a week I sent evidence on three separate occasions it cost me a bit posted by special delivery because I didn't want them saying they had lost it. I have been awarded for three years but at least from this brilliant website I know what to do next time. I hope all goes well with you. Another website which I have found so helpful is "benefits and work" I paid £20 to become a member for the year but it gives you sample letters and submission forms and mandatory letters to fill out and personalise yourself. I hope this helps. We are all rooting for you 👍
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    So the website is: "benefitsandwork.co.uk"
    😀
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    P.s. please let us know how you get on 😀
  • fali0599fali0599 Member Posts: 11 Listener
    @Debbie1234
    Good morning. Thank you so much for all the information it is really useful. Congrats again on your award and of course I’ll let everyone know.
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Brilliant stuff 😊 have a lovely day
  • mikehughescqmikehughescq Member Posts: 6,008 Disability Gamechanger
    B&W is an interesting one. Good site on the one hand but on the other why should you have to pay for stuff that is overwhelmingly available elsewhere!
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Yes Mike I do agree, I'm sure some of it is free. I found that website first whilst googling lot's of questions 🙄
    I love this website because it is free, you get excellent advice and experiences, you get to interact and converse with everyone too 😀
    more of a community spirit 👌

  • Tori_ScopeTori_Scope Posts: 4,127

    Scope community team

    I'm glad you find the community valuable @Debbie1234! I hope you've had a good day :)
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  • fali0599fali0599 Member Posts: 11 Listener
    Hey everyone! 

    I’ve just received news that my MR was successful and DWP have offered me standard daily living. 

    The only thing I’m disappointed at is the fact that they’ve only given me an 18 months award when my condition is lifelong. 

    If I was to lodge an appeal, am I able to withdraw it at a later stage? Also would the money that has been paid into my bank account be returned? 

    Thanks 
  • janer1967janer1967 Member Posts: 9,340 Disability Gamechanger
    Great news @fali0599 if you appeal the whole claim will be looked at again not just the length of the award 

    Personally I would take what you have been given and hope you are successful at next review if not then appeal but that is just my opinion 

    Not many get longer award even if lifelong my first award was 2 years and my leg isnt going to grow back or suddenly get my sight back in my blind eye 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    fali0599 said:
    Hey everyone! 

    I’ve just received news that my MR was successful and DWP have offered me standard daily living. 

    The only thing I’m disappointed at is the fact that they’ve only given me an 18 months award when my condition is lifelong. 

    If I was to lodge an appeal, am I able to withdraw it at a later stage? Also would the money that has been paid into my bank account be returned? 

    Thanks 

    There's lots of people that claim PIP and have life long conditions that are only awarded for a short time before they are reviewed. Whether you're entitled for any longer that this will totally depend on your conditions. If they think your conditions will change at any point in the future then you're less likely to have a longer award, even more so if you've been award just standard daily living.

    For example, someone with mental health could see their conditions change sometime in the future, so their award will be for a shorter time before reviewing again.

    If you think you're entitled to a longer award then you'll need to based the Tribunal on that and you will need to state why you think you should be awarded for longer. Expert advice is definitely needed here before doing anything else.

    Your exisiting award will continue while you wait for the Tribunal and no you won't have to pay anything back.

    Start here with that expert advice. https://advicelocal.uk/find-an-adviser

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • river123river123 Member Posts: 85 Connected
    Hi @fali0599 that’s brill news.. 
    I sent off for my mr 2 weeks ago but not heard nothing yet. If u don’t mind me asking how long did it take form u asking for a MR to get a decision 😀
  • fali0599fali0599 Member Posts: 11 Listener
    @poppy123456 and @janer1967
    Thank you both for the advice. I will probably accept this award and get ready for the review in June haha.

    @river123 it’s been over 6 weeks since they sent me a text saying they’ve received the MR request. And I didn’t even know they’d awarded me the money went into my bank before receiving the letter!
  • river123river123 Member Posts: 85 Connected
    @fali0599 Aww that’s good then.. I haven’t received a text to say they’ve received my MR request but I did ring them a week after sending the request to make sure they’ve got all my information witch I believe they have it all and it’s just waiting to be looked at by a decision maker witch can take a good few weeks apparently, I scored 6 points for daily 0 for mobility.. I’m hoping I hear something in the next few weeks. Glad to hear that MRs can be changed. 🙂
  • mikehughescqmikehughescq Member Posts: 6,008 Disability Gamechanger
    janer1967 said:
    Great news @fali0599 if you appeal the whole claim will be looked at again not just the length of the award 

    ...

    Not many get longer award even if lifelong my first award was 2 years and my leg isnt going to grow back or suddenly get my sight back in my blind eye 
    This is not accurate @janer1967. It has long been possible to appeal only the length of the award without the rates of the components being looked it. That view is supported by the caselaw. See https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-pip-appeal-can-be-pursued-where-sole-issue-of-challenge-is-question. It’s something I have done and it has been successful without fail so far although part of that is making sure that a 10 year/ongoing award is the appropriate outcome. 

    Also, the only reason not many get a longer award is that they sit back and don’t make a case for it. The award length required is something you ask for in a PIP 2; repeat in an MR and tend to win very quickly at appeal but that only applies if you ask for it. It never occurs to most people to ask for it. 

    Last appeal I did on this involved a standard sub from DWP which wholly ignored the above case law and maintained the line that the claimant could lose everything. We won a 10 year award inside 3 minutes with no discussion of either component. 

    Some things to think about there for @fail0599.
  • CressCress Member Posts: 498 Pioneering
    You can request the length of award!?
    This site is worth its weight in gold...lol
    Something I might try, seeing as if I succeeded in my PIP claim, the thought of having to do it all again a year later would be like standing on the train tracks waiting for the speeding freight train to hit me for a year....lol
  • janer1967janer1967 Member Posts: 9,340 Disability Gamechanger
    @mikehughescq thanks for correcting me 
  • fali0599fali0599 Member Posts: 11 Listener
    Hey guys, as my award was given until June 2021, I was wondering when will the review come about? Will I have to do anything in advance or will the DWP inform me? Also are there any good resources for completing reviews.

    thanks!!
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited September 2020
    fali0599 said:
    Hey guys, as my award was given until June 2021, I was wondering when will the review come about? Will I have to do anything in advance or will the DWP inform me? Also are there any good resources for completing reviews.

    thanks!!

    I seen that after the refusal your MR was successful so you should have had a new award length. Check your decision letter to see what that is as i see that you were awarded again for 18 months. You will be contacted 6 months before for another review.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • fali0599fali0599 Member Posts: 11 Listener
    This was my first claim which started back in December 2019. So an 18 month award was given to me after MR and I received my back pay.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Oh i see. Then you'll be sent review forms 6 months before your award is due to end.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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