PIP Mandatory Reconsideration Letter - I'm Stuck

MarshallStoic

Hi all!

I've lurked on here for ages reading through many other members' experiences with the PIP process, MR's and Appeals, all the way up to Tribunals. But today, I'm making a post (achievement get?)

I (21NB) care for my partner (21FtM) who suffers from PCOS, Diabetes (Type 2), and Borderline Personality Disorder (which within itself holds cPTSD, Anxiety, Depression, and an Eating Disorder).

I've been their carer in one way or another for the past two years, significantly more so since Sept. 2021, as we moved from their abusive parents house into our own place (the parents unfortunately disregarded their conditions, and blamed it on laziness. Which is ironic, since they're the ones who traumatised him growing up, and they themselves have similar disorders)

I applied for PIP on my partner's behalf on the 27th of November 2021 (my birthday!), on the 11th of February we received and subsequently sent back the "How your disability affects you" form. 

We then received the PIP assessment date letter in April, (the assessment was on 20/04/2022), they sent the decision letter three days later, we then received it on the 29th. (We'd made complaints via our local MP, as I'm unable to work due to being my partner's carer, and that means our income is not supporting us, so the timeframes are deeply problematic for us)

The decision letter seems to have not taken any of the information we've given into account, especially the information from the HYDAY booklet and the assessment itself. Which, appears to be a common thing according to the many threads I've seen here. 

I've got a rough draft of an MR request letter, but I don't know who or where I should go for free advice and help on making sure that the MR is actually going to go somewhere. 

Its difficult because part of my partner's trauma, is centred around the NHS and similar medical staff, because they dismissed him, ignored him, and provided inadequate treatment to him in the past, so whenever I attempt to seek treatment for him, its usually accompanied by him begging me to let it go because they never do anything to help. Which I saw first-hand; regrettably, at god knows what time at night, we were in the A&E in February because he tried 'unaliving' himself. The male practitioner (which we specifically requested a female practitioner if possible, due to prior trauma) was incredibly rude, triggered my partner multiple times, then threatened to have us removed by force. because he caused my partner to worsen and begin harming himself. (Our lovely NHS eh). We then were given some leaflets and sent on our way (we were stuck there for a further 10 hours, due to being broke, having no transport, and being just under 30 miles from home)

But, the above interaction was not documented correctly by the NHS, and the PIP Decision maker, did not acknowledge it as a "significant hospital admission" (that's because they shunted us off while my partner was still in an incredibly volatile state, instead of admitting him and getting him the psychiatric help he needed)

Honestly this might just be me ranting, I'm alone in this fight for my partner's benefits, I'm hungry, tired, and I'm losing hope. 

Any advice would be so very appreciated. We're based within the Newark and Sherwood constituency if that's any help.

poppy123456

That looks like a lot of classic copy and paste reasons for refusal to me, which does happen.

Please remember that PIP isn't awarded based on any diagnosis, it's how those conditions affect you against the 12 PIP activties.

For the MR you should put it in writing stating where and why you think they should have scored those points. Include a couple of real world incidents of exactly what happened the last time they attempted that activity for each descriptor that applies.

Adding detailed information such as where they were, what exactly happened, did anyone see it and what the consequences were. You should aim for at least half an A4 side of paper per descriptor that applies.

The most likely outcome of the MR is the decision won't change. Though we have had some members in the past where the decision's changed in their favour at this stage. Timescales for MR decision's is between 2-12 weeks, sometimes longer.

If the MR decision doesn't change or you're not happy then it's Tribunal.

You also mention struggling financially, are you both claiming any benefits at all at the moment?

Alex_Alumni

Hello @MarshallStoic and thank you for taking the time to reach out the community today, I'd say it's certainly an achievement yes!
 
I'm so sorry to hear that you had such a negative experiences, especially at hospital, that must've been really difficult. You mention your partner not getting the help he needed from the hospital at the time, but can I double check if this has changed, or if have they had any recent support?

In terms of help with your MR, I would encourage you to search using AdviceLocal for professional advice. 

You'd also be welcome to get in touch with the Scope Helpline, either by phone or email, to run through your draft if you would like.

If you prefer things written down, Turn2Us explains the MR process step by step, and also offers additional help.

Thanks for explaining everything that's happened, it's really helpful in finding you and your partner the best support and advice we can offer. We'd like to offer you some additional support, so please keep an eye out for an email from community@scope.org.uk a little later today. 

Please do let us know if we can do anything further.

Alex 

MarshallStoic

Alex_Scope said:

Hello @MarshallStoic and thank you for taking the time to reach out the community today, I'd say it's certainly an achievement yes!
 
I'm so sorry to hear that you had such a negative experiences, especially at hospital, that must've been really difficult. You mention your partner not getting the help he needed from the hospital at the time, but can I double check if this has changed, or if have they had any recent support?

In terms of help with your MR, I would encourage you to search using AdviceLocal for professional advice. 

You'd also be welcome to get in touch with the Scope Helpline, either by phone or email, to run through your draft if you would like.

If you prefer things written down, Turn2Us explains the MR process step by step, and also offers additional help.

Thanks for explaining everything that's happened, it's really helpful in finding you and your partner the best support and advice we can offer. We'd like to offer you some additional support, so please keep an eye out for an email from community@scope.org.uk a little later today. 

Please do let us know if we can do anything further.

Alex 

Hiya @Alex_Scope

My partner is currently awaiting a secondary mental health assessment, as the IAPT we contacted felt that my partner's condition was not something that they'd be equipped to handle. We're still awaiting any movement on it, but you know how the NHS loves their waiting lists...

I'll most definitely take a look at Scope's Helpline, and Turn2Us' step-by-step of the MR process. I originally wrote the first draft of the MR using AdviceNow's PIP MR tool, which is where I found AdviceLocal, but AdviceLocal's site doesn't seem to agree with my desktop. 

I'll definitely approach Scope's Helpline though. Even if the MR isn't usually the stage at which things get overturned, it'd be good to have all that info as it needs to be.

MarshallStoic

poppy123456 said:

That looks like a lot of classic copy and paste reasons for refusal to me, which does happen.

Please remember that PIP isn't awarded based on any diagnosis, it's how those conditions affect you against the 12 PIP activties.

For the MR you should put it in writing stating where and why you think they should have scored those points. Include a couple of real world incidents of exactly what happened the last time they attempted that activity for each descriptor that applies.

Adding detailed information such as where they were, what exactly happened, did anyone see it and what the consequences were. You should aim for at least half an A4 side of paper per descriptor that applies.

The most likely outcome of the MR is the decision won't change. Though we have had some members in the past where the decision's changed in their favour at this stage. Timescales for MR decision's is between 2-12 weeks, sometimes longer.

If the MR decision doesn't change or you're not happy then it's Tribunal.

You also mention struggling financially, are you both claiming any benefits at all at the moment?

Hiya @poppy123456

It does indeed, it looks like they grabbed it off a page from their intranet, and slapped it on in there. 

Thank you for confirming regarding PIP being awarded based off of the way one's conditions affects the 12 PIP activities that are marked. I thought this was the case but am grateful for your confirmation. 

I'll utilise your advice in tailoring the MR to properly focus on how my partner's conditions affect their ability to perform or carry out the 12 activities. 

Honestly I wouldn't be surprised if we ended up having to go to tribunal, but my worry is that my partner can't get through a phone call without hitting and scratching himself, let alone a tribunal. They took several days to recover from the telephone assessment (which is of course, being put in the MR letter)

We currently are on a joint UC claim (they receive LCWRA also), however until the PIP business is sorted as it should be, I'm unable to apply for Carer's Allowance (I tried awhile back, but apparently I can't until the PIP has gone through. Feels like ableism to me hmmst). Beyond that, we're unable to apply for other benefits, and regrettably Leaving Care (as my partner is a Care Leaver) is next to useless in sorting anything out.

poppy123456

If eventually awarded daily living PIP you don't need to claim Carers allowance because it's deducted in full from any UC entitlement anyway, so there's no financial gain.

You can claim Carers element of UC which will increase your maximum UC entitlement by £168.81 per month. I'd advise you to report being their carer now so in the future if awarded daily living PIP then they will backdate the carers element. If you don't report being their carer then it can be very difficult to get this element backdated.

Other than Council Tax reduction there's no other benefits possible to claim (except for PIP) because UC has replaced them all.

MarshallStoic

Hiya @poppy123456

I believe I reported being their carer around the time I applied for PIP, and was subsequently told that they could not accept this, as my partner was not on any disability benefits (PIP), which honestly is evil in my opinion. 

Though I did suspect that if the PIP claim went as it should (which I am dedicated to ensuring so) the standalone Carers Allowance would indeed be virtually useless. 

CT reduction was offered to us the moment we moved in, which is rather nice, and that is definitely a huge help. Rent of course is taken care of mostly by UC's Housing part anyway which is another plus, and one less thing to worry about (its a council flat too, which is probably to be expected).

UC replacing most things was good and bad, good because its all together, bad because they did it terribly. 

poppy123456

MarshallStoic said:

Hiya @poppy123456

I believe I reported being their carer around the time I applied for PIP, and was subsequently told that they could not accept this, as my partner was not on any disability benefits (PIP), which honestly is evil in my opinion. 

Those have always been the rules to claiming Carers Allowance (even before UC was introduced) the same rules now apply to Carers element. Although you can't claim it now, reporting being a carer will help in the future if there's a daily living PIP award.

Jo_2022

Hello @MarshallStoic! 

Well done for sharing your story, you are very brave. Thank you for this post. I am deeply sorry you are having issues with your partners health conditions and benefits application.

You may like to have a look at these links:

https://pipinfo.net/

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration-pip/

Good luck with the PIP Mandatory Reconsideration!