Mandatory Reconsideration. I'm lost at how to proceed. Any advice?

redcharlie17

Hi guys!
I'm new here but thought I'd join to seek additional information about others experiences and advice when it comes to PIP mandatory consideration. I go into quite a lot of detail about my experience so far, I am really lost at how to proceed with this process.

For a bit of background: I am a 22yo woman who was diagnosed with BPD 5 years ago and continues to endure difficulties with my daily living & interactions with others due to the ongoing affects of my mental health condition.

I applied for PIP in March 2021, was assessed via telephone in September and had my claim rejected with 0 points awarded shortly after. DWP did not wait to receive my mental health professional's report and as such the decision was based solely on my initial form & the subsequent assessment phone call. Unfortunately, this has left me feeling rather unheard due to the letter I received. I find it hard to understand how an outcome of 0 points has been achieved based on the information I provided. For example, the assessor was advised that I use a pillbox, alarms and reminders from others in order to take my AM/PM medication correctly. Without this medication I am a significantly higher risk to myself and not well enough to attend my 4 hours of therapy a week. However 0 points were awarded and I was advised that they decided I can "manage these activities unaided."

Highlights of the decision letter include:

• You reported that you have access to kitchen knives indicating low risk

This directly contradicts the information provided about not being allowed access to painkillers due to OD risk. Additionally, I was hospitalised for 3 months this year for this reason and have been identified as "high risk" of harm to myself by my MH professionals for the last 6 years.

• You reported no hallucinations since starting your new medication in June

The medication I started taking in June was antipsychotics, with the intention to help me in this way? Also whether I am hallucinating or not does not affect my daily needs...

• You confirmed that you have worked 4 days a week indicating adequate motivation

This directly contradicts the information provided advising that I was signed off from December 2020 until July this year. I had to return due to my sick pay running out. Additionally, I was working from home, from bed, not meeting work targets and if anything this had a negative effect on if my daily needs were being met. Equally, PIP is not a work related benefit? As well as this, the assessor was advised that I had to work from a young age to spend time outside of the abusive/violent house I lived in until September 2020. 

• During your telephone assessment you were able to respond to questions unprompted and you did not sound agitated, I decided you can manage these activities unaided.

My partner was unable to be present during the telephone assessment, however I was reading from notes prepared with him and my therapist over the 6 months waiting to be assessed. 

I am equally perturbed by their need to repeat the phrase "you reported that your DBT appointments and mental health medication are helpful" 3 times in the short decision paragraph sent to me. Without the support that I currently receive I simply would not be able to keep myself alive, as highlighted by my 3 months spent in a psychiatric ward and crisis care support this year prior to support being put in place. 

I am currently going through the process of mandatory reconsideration with a deadline of 29th October to send in my supporting evidence and letter explaining why I am challenging their decision. I had requested the full assessor's report on 8th October and again on 19th October after not receiving this. My decision letter gives minimal information and I thought I may best be able to explain once I had received this detailed version. I have still not received this letter and as such an advocacy group that is helping me will be requesting an extension for this reason.

I understand that MR has a very low success rate in comparison to the appeals process however know that this is a necessary step to take. 

I have compiled my hospital discharge letters, work fit notes, professional assessments and reports from the last year or so, as well as a couple that predate this. Additionally, I have accumulated witness/family testimony from the people I live with and my partner - these explain the difficulties they have seen me face and real life examples.

Does anyone have any advice or suggestions on how best to approach this?

Sorry for such a long post!!
Thank you so much, I hope you are all well during these difficult times.
Char

poppy123456

Hi,

You don't need the assessment report to request the MR, infact concentrating on this isn't going to get you a PIP award. Forget about the assesment and the report and what was said in the decision letter because that's all in the past.

If you have already requested the MR over the phone, it has been known many times in the past for a decision maker to make the decision before the evidence is received, which is one of the reasons i wouldn't recommend requesting this over the phone.  An extension of time for the MR is not needed because you have 13 months to request it, not 1 month like DWP tell you.

Medical evidence is only helpful if it states exactly how your conditions affect you. Work fit notes are not evidence to support a PIP claim because as you correctly said, it's not about your fitness to work. Although if working contradicts the reason someone is claiming PIP then this can go against them. Anecdotal evidence, your real world examples will be the best you can ever send. Adding details such as where you were, what exactly happened, did anyone see it and what the consequences were.