MR and tribunal

fali0599

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!!

poppy123456

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.

fali0599

Hi Poppy, 

thanks for the reply. The figures come from a government press notice which I’ve attached below.

https://www.gov.uk/government/publications/personal-independence-payment-april-2013-to-april-2020/personal-independence-payment-official-statistics-to-april-2020#mandatory-reconsiderations-mrs

poppy123456

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.

mikehughescq

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.

poppy123456

Wow i should say it's not all it seems indeed. That's insane increase, i almost fell off my chair! Thanks again Mike.

katho31

fali0599 said:

Hi Poppy, 

thanks for the reply. The figures come from a government press notice which I’ve attached below.

https://www.gov.uk/government/publications/personal-independence-payment-april-2013-to-april-2020/personal-independence-payment-official-statistics-to-april-2020#mandatory-reconsiderations-mrs

Hi ive just tried to access this website but its saying page not found?

katho31

Sorry that was meant for @fali0599

katho31

@fali0599 their post, apologies

poppy123456

katho31 said:

fali0599 said:

Hi Poppy, 

thanks for the reply. The figures come from a government press notice which I’ve attached below.

https://www.gov.uk/government/publications/personal-independence-payment-april-2013-to-april-2020/personal-independence-payment-official-statistics-to-april-2020#mandatory-reconsiderations-mrs

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.

janer1967

Hi and welcome to the community great to have you on board, I dnt have anything further to add just wanted to welcome you

mikehughescq

@Fetlock spotted the update @poppy123456. 54% isn’t really 54% but nevertheless. 

Hayleyg

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 

katho31

Very pleased for you @Hayleyg well done

janer1967

Great news thanks for sharing 

fali0599

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

Hayleyg

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 

Debbie1234

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.....

fali0599

@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?

Debbie1234

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 👍

Debbie1234

So the website is: "benefitsandwork.co.uk"
😀

Debbie1234

P.s. please let us know how you get on 😀

fali0599

@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.

Debbie1234

Brilliant stuff 😊 have a lovely day

mikehughescq

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!

Debbie1234

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_Scope

I'm glad you find the community valuable @Debbie1234! I hope you've had a good day

fali0599

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 

janer1967

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 

poppy123456

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

river123

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 😀

fali0599

@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!

river123

@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. 🙂

mikehughescq

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.

Cress

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

janer1967

@mikehughescq thanks for correcting me 

fali0599

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!!

poppy123456

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.

fali0599

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.

poppy123456

Oh i see. Then you'll be sent review forms 6 months before your award is due to end.