PIP, DLA and AA
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Has anyone had a successful PIP mandatory reconsideration?

Jamie_LJamie_L Member Posts: 6 Listener
I've received DLA/PIP for at least the last 10 years (not sure of actual length) due to mental health difficulties.

I had a telephone evaluation several months ago and on the 1st of December I got my decision, I'd been awarded no points and told I showed no signs of stress or anxiety during my interview. I find this unfair because, since my last evaluation I have had my medication increased twice just to keep me stable, due to my health getting worse.

So now I'm in the MR stage and have heard conflicting advice from people who should know.

Citizens advice told me "No-one every gets MR, but you have to do it before I you can appeal, which can take 18 months to process"

Benefits Advice said, "Around 50% of MR are upheld and that appeals are taking 6-8 months"

Now I know that it's right about needing to do a MR before appealing but does nobody ever get their decision overturned by MR?

I am considered an out patent and sent a letter from my doctor with my MR but was told by benefits advice that sometimes letters from doctors don't help and that the letter I sent didn't say how bad my condition was before the decision just how the decision has effected my health, but did state the increase in my medication.

It's taken the best part of the last month and a half to pick myself up after being turned down for PIP and now I'm not sure which advice I've been given is correct. I guess my real question is should I be hopeful that I might get the MR or if I should prepare for an inevitable appeals process?

Any help or advice would be greatly appreciated, thanks in advance. 

Replies

  • woodbinewoodbine Member Posts: 3,764 Disability Gamechanger
    The answer is that some people do get an award from a MR and some don't, it doesn't matter how many do or how many don't it matters if you do and we can't answer that one.
    I would agree that letters from GP's rarely help as it's not about your condition but how it affects the PIP descriptors. It won't do any harm whilst waiting for a MR decision to make some preparation for an appeal.
    Good luck
    my advice is given freely and is correct to the best of my knowledge.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    We've had members here that have been successful with their MR decision. Some who didn't score any points at all and then went onto have an award. Others who did score points for a standard award went onto to have Enhanced rate, whether it be for daily living and/or mobility.

    Before Covid the MR success rate was about 17% which was very low. Then oddly MR success rate increased to about 50% but that soon fell rapidily as the months went on.

    Letters from a GP are not the best evidence to send because they rarely know exactly how your conditions affect you against the PIP descriptors, they only ever know  the basics.

    If the MR isn't successful then it's Tribunal and for this, if you haven't already then you need to concentrate on where you think you should have scored those points and your reasons why. Adding a couple of recent real world examples of what happened the last time you attempted that activity for each descriptor that applies to you.
    Community champion and 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.
  • Jamie_LJamie_L Member Posts: 6 Listener
    Thanks for the lightening fast reply.

    So some people do get them. After reading through the threads here I think I'm unlikely to get it overturned, was emailed a letter by benefits advice to copy out to send and I included the letter that came from my psychiatrist. Should of looked here sooner the advice seems to be to go through the questions and explain where I thought their conclusions were wrong, my MR is pretty light on details compared.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm assuming you were previously claiming PIP and this was a review? When you filled out the form did you put as much relevant information as possible about how your conditions affect you?
    Community champion and 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.
  • Jamie_LJamie_L Member Posts: 6 Listener
    I'm assuming you were previously claiming PIP and this was a review? When you filled out the form did you put as much relevant information as possible about how your conditions affect you?
    Sorry it's taken so long to reply.

    Yes it was a review for PIP. 

    I did post a thread on here around this time last year when I first received the review pack asking for help (I think I got a response from yourself, thanks) and had some help from CAB with filling in the actual form, which did go into detail about how my illness affects me, how I need reminding/encouraging to perform day to day tasks and the help I need when my illness is at it's worse when I can't manage, where I require help with taking my medication, meals cooked for me and watched over because of the risk of self harm.

    According to the decision letter because I only require round the clock care for a couple of weeks every 6 months, which is a simplified version of what I said, but it didn't take into account that my illness is of the remitting and relapse type that's gradual over those 6 months, not like flicking a switch as they suggest. The letter from my psychiatrist does mention this, which is why I posted this thread because the advice from CAB was "no-one gets a MR".
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    All you can do now is wait for the MR decision, which can take 2-10 weeks, sometimes longer. If there's no change then it's Tribunal.
    Community champion and 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.
  • ryan123ryan123 Member Posts: 17 Listener
    This was my experience applying for PIP (btw, i was successful!). 

    My mental health issues have been ongoing for nearly 15 years (10 of which unemployed). I am agoraphobic (but able to cope, just about, with being outdoors) but get bad anxiety when outside. That is why i receive ESA and PIP. Obviously, this is a difficult one to prove. 

    I used to get DLA in the early days, say 9-10 years ago, then suddenly it was cut (after maybe 18-24 months). I called them to ask why and i spoke to an incredibly unhelpful woman who told me i was no longer entitled to DLA and i needed to apply for PIP. Literally no letter, no warning, i only knew because i checked my bank online. When i asked why, and asked to speak to a manager to ask why i am not entitled to just be switched from DLA to PIP (especially since i was cut off with no warning), but i just kept getting, "DLA isn't the same as PIP... you need to inform me what your complaint is about". 

    Anyway, i gave up. I wasn't in the frame of mind for a battle back then. 

    Fast forward to today, and i'm much more game for a fight. So, i decided to apply for PIP in 2019. I received ZERO points. The lady who assessed me seemed oh so very attentive and happy to hear about my issues. Clearly a very kind-hearted person. The answers to my form suggested not so much. Basically, i'm a malingerer with no desire to work and who has imagined it all. So, i challenged that, brought into question her ability to make such statements - an occupational therapist cannot do such a diagnosis (check the Royal College of Occupational Therapists website for what an OT actually is supposed to do) - and countered with some other stuff. 

    Then came the next letter from her boss saying he agreed with her decision etc. (Which part of this is the MR, i'm not entirely sure, but i know i received around 3 rejection letters). 

    So, i prepared to take them to a tribunal. 

    I did my research on cases that had won in court before. I did my research on what an OT can do (definitely not diagnose people as essentially imagining their illness). I did my research on scandals within the DWP. I think my entire case was about 100 pages long. 

    At the tribunal, they asked me every question i expected to be asked, e.g. "you say you can't walk very far, but if i asked you to walk around this table for 10 minutes, could you do it?". "Of course", i replied, "My illness restricts my ability to function normally and to walk by crippling me with anxiety the further away from my home or car that i get. I don't have a debilitating leg injury and have never claimed to". 

    In the end, i won. 

    I don't know if anybody can win by putting in less hours, but i made sure i covered everything. I went alone. I rang ahead and *told them* (didn't ask) i would be parking literally outside the door (just on the grass basically). I rejected their initial venue as there was no parking anywhere nearby. I told them to review my case and tell me who decided to have the tribunal in such a ridiculous venue. They changed it. 

    If you need any help with some of the arguments i made, i can send you some. For me, the key is to be honest, consistent, and knowledgeable. 'Honest' might seem obvious - after all, i don't doubt 99.9999% of disability claimants are honest - but more to the point, it's imperative to not get muddled up. When i've been asked, "You say you can't walk very far, but you walked in from the carpark" etc, i'm not going to trip up on my own shoelaces. I know exactly what i've said on every form. 
  • jadeXXjadeXX Member Posts: 53 Connected
    I sent my MR off 1 month ago and it was successful they rang me on the weekend I was receiving standard daily living and then I was scored 0 points after my review and I have now been awarded high daily living and standard mobility so it does happen 
  • Girl_No1Girl_No1 Member Posts: 58 Courageous
    I had a successful MR.  Initially awarded Standard DL.  Increased to Enhanced DL and Standard Mobility at MR.
  • Jamie_LJamie_L Member Posts: 6 Listener
    Thanks to ryan123, jadeXX and Girl_No1 for sharing your stories and of course poppy123456 , they have given me a little more hope that I might get a successful MR.

    I'm thinking the best approach is to expect the worse and hope for the best, luckily I won't have to go through the tribunal (if it comes to that) alone like you had to Ryan, for which I can only commend you for, I do have benefits advice who can speak on my behalf, I don't know if could manage it alone like you did.

    Now it's just that wait, again, for the brown envelope to arrive 
  • Tori_ScopeTori_Scope Posts: 4,033

    Scope community team

    Keep us updated @Jamie_L :) 
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  • worried33worried33 Member Posts: 399 Pioneering
    I have a couple of friends who had successful MR.  Also a friend who represents people has told me he has had dozens of cases successful.
  • laurapeachlaurapeach Member Posts: 100 Courageous
    Mine was partially successful- I went from standard daily living and no mobility, to standard on both. I then went to tribunal and got enhanced on both.
    Mum of one, I have M.E/CFS, POTS, Central Sensitization Syndrome and Joint Hypermobility Syndrome.
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