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Pip change in Law

lillybelle
lillybelle Member Posts: 571 Pioneering
I am still awaiting my MR for my Pip. ( only awarded 6 points in the daily living part)mobility is at high rate.
Today I received a letter saying that they have looked at my award again because of the change in law regarding the safety aspects.
apparently according to them having uncontrolled epilepsy is not deemed as being high risk for my safety and apparently there isn’t much chance of any risk ever happening.
no reason have been given on letter. So the change to the law doesn’t change my award
  Anyhow I’ve decided that I’m going to contest it with yet another MR.
has anybody else had one of these letters.
I know it’s probably going to be virtually the same reasons I gave in the original MR that is yet to be decided but it’s the irony of it all that has annoyed me.
anybody else had one of these letters? If so what have you done with it?

Comments

  • TheAlien
    TheAlien Member Posts: 42 Courageous
    I had one a couple of weeks ago.  The law change it refers to relates to needing support whilst out and about, dealing with others, etc, due to mental health and anxiety problems.

    There was a court case a few months ago and now they are having to reassess everyone for mental health and anxiety support.
  • woodbine
    woodbine Community Co-Production Group Posts: 5,323 Disability Gamechanger
    I have severe uncontrolled epilepsy and get standard rate daily living and enhanced mobility, just missed enhanced DL by 1 point.
    I suppose the main question is how many seizures per day or week do you have and do you get an aura before them?
    I am a person with epilepsy not an epileptic, my illness doesn't define me.
  • lillybelle
    lillybelle Member Posts: 571 Pioneering
    this letter does not mention anxiety or mental health problems. Just mentions the change in safety aspects of the law.
    I have uncontrolled epilepsy with Grand mal seizures often and focal point seizures upto 10 a day .without any warning. 
    I used to get the standard daily living and the high rate mobility. However this time the daily living I was only awarded 6.so am now awaiting MR decision.
    but this letter has just come out of no where and without any reason has decided that the change in law does not affect my awRd
  • chiarieds
    chiarieds Community Co-Production Group Posts: 10,579 Disability Gamechanger
    As far as I'm aware @lillybelle - with epilepsy, it can depend on the severity of the problems you have even if they occur less than 50% of the time (at variance with most disabilities). I'll copy & paste some info I have from the Benefits & Work Guide June 2018, which is relevant as regards safety, & the change to case law in 2017:
    'Safety and supervision
    Until now, the DWP have argued that a claimant can only score points for being unsafe if harm is likely to occur on more than 50% of the occasions on which they attempt an activity.
    So a claimant with epilepsy who has seizures twice a week would not get points for needing supervision when cooking. This is because they could not show that it is ‘more likely than not’ that they will have a seizure on any given occasion when they prepare food.
    However, on 9th March 2017, in CPIP/1599/2016 a panel of Upper Tribunal judges held that the DWP were wrong.
    Instead, they said, the decision maker should look at whether there is a real possibility that harm might occur and also at how great the harm might be. The greater the potential harm, the less likely it needs to be that it would happen on any specific occasion.
    So, if there is a real possibility that a claimant with epilepsy might have a seizure whilst cooking then they reasonably require supervision for this activity, even though the chances of a seizure happening on any specific occasion may be quite small.
    They should score points for needing supervision even if they don’t actually have anyone to provide it.
    But the Upper Tribunal went even further than this.
    They ruled that where a claimant is at risk all the time, then they may also be at risk when carrying out PIP activities that do not carry any additional likelihood of harm.
    So, a claimant may not be at any additional risk of harm if they have a seizure when using the toilet or taking medication, for example. But, because they are at risk whatever they are doing, then we would argue that they still reasonably require supervision during these activities, because they cannot do them safely without supervision.'
    Hoping this may help. Just to say, if the DWP have looked at your award again, this likely is the result of your MR. Responses from the DWP often don't make much sense, & the case law re: safety may hopefully be better understood with a tribunal. :)
  • lillybelle
    lillybelle Member Posts: 571 Pioneering
    Thanks for that but I spoke with someone and asked about my MR. They said it was still with the DM and could take another 3 weeks so I think this letter has gone on the award I have now. As far as I’m aware they haven’t looked at my MR yet
  • lillybelle
    lillybelle Member Posts: 571 Pioneering
    the the reason being is that I can request a MR regarding this decision letter as well
  • leeCal
    leeCal Member Posts: 4,246 Disability Gamechanger
    @TheAlien said:
    There was a court case a few months ago and now they are having to reassess everyone for mental health and anxiety support.
    Have you any more info about this as I failed to get mobility in March this year, ie a link?
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    leeCal said:
    @TheAlien said:
    There was a court case a few months ago and now they are having to reassess everyone for mental health and anxiety support.
    Have you any more info about this as I failed to get mobility in March this year, ie a link?

    If you weren't awarded mobility and think you should have at the time, did you request the MR and then Tribunal for that decision?


  • leeCal
    leeCal Member Posts: 4,246 Disability Gamechanger
    No I didn’t ask for an MR @poppy123456, I was too nervous to do so as I didn’t want to lose what I did get from pip.
  • lillybelle
    lillybelle Member Posts: 571 Pioneering
    Actually I have just been reading an article and apparently since this new law came out in 2017 they had begun to look at all claims that weren’t awarded pip. Even though I did have the standard rate in 2017.
    obviously they had just got round to mine and apparently if it was changed then it would of been backdated to 2017. ( although not that far back in my case)

  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    Thanks for that but I spoke with someone and asked about my MR. They said it was still with the DM and could take another 3 weeks so I think this letter has gone on the award I have now. As far as I’m aware they haven’t looked at my MR yet

    I'm going to agree with @chiarieds here. I think the letter you have received is for the MR and they've just mentioned the safety aspect as the reason for the decision not changing.
    When you rang to ask if the MR decision had been made and you were told it hadn't been then they may not have been able to see that decision at that time because it takes 24 hours for the computer to update once the decision's been made.
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    leeCal said:
    No I didn’t ask for an MR @poppy123456, I was too nervous to do so as I didn’t want to lose what I did get from pip.

    You have 13 months to request the MR, with good reason. Even if DWP refuse the late request you still have the Tribunal and it's unlikely they will refuse a late request. Of course any worsening of condition will not be considered.
  • leeCal
    leeCal Member Posts: 4,246 Disability Gamechanger
  • lillybelle
    lillybelle Member Posts: 571 Pioneering
    but doesn’t the MR letter state on the front 
    Mandatory Reconsideration Decision?
    as when my other MR letter came through with my first claim 4 years ago this is exactly what it said and then went into great detail about what they agreed or disagreed about and why they made their decision.
    this letter does not mention any MR decision
  • lillybelle
    lillybelle Member Posts: 571 Pioneering
    Also if it was an MR decision letter why are they saying that I can have it looked at again through the mandatory reconsideration process
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    Ok so the letter is regarding the law changes and most likely relates to your previous award. Sorry for the confusion, i just got a little confused. Details on the changes here https://www.gov.uk/government/publications/personal-independence-payment-changes/safety-and-supervision-changes-to-pip-law-from-9-march-2017
    So to answer your question, yes you can request the MR for that decision.


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