Worth going to MR? Can anyone help?

maralions

Hi everyone, 

Sorry in advance for the long post but I want to put as much detail in here as possible so that I can get the right advice. 

I have received my PIP decision and also got a copy of the assessment report. I am mostly happy with what they have put, and I agree with most of it, apart from one section. I have ADHD, depression and anxiety, and really struggle with anything that requires self motivation and self care, and detailed all of this at the assessment. I have been awarded 11 points, but I don't understand how they have awarded me 0 for nutrition. I really struggle to feed myself properly and have a long history of eating disorders because of this, currently suffering from bulemia. I often forget to eat because of my ADHD. I have been awarded points in the 'preparing food' section, but not in taking nutrition. 

I hope I am putting the right level of detail here, it's quite embarrassing to write and share but it is what it is. 

Under the written part of the assessment it details that I forget to eat for most days and will only eat junk and convenience food. It says the following: "She is prompted to eat." It also says "7 days she will not eat anything without being prompted due to low motivation and she forgets when she gets distracted by other things". It also says that "no dietitian support was dischargedas her eating was well managed".

In the points section it then gives me 0 and says the following:

"The evidence in the HOC showing no cognitive impairement or physical restrictions, SOH showing average weight displaying sufficiently nourished and FH showing she is not receiving any dietician support amymore, IO not withdrawn, suggests she should be able to reliably take nutrion independently"

and: Restrictions reported and not considered in the scope of the activitym specifically in relation to quality of what is being consumed, i.e. high calorie and junk foods. She reports in FH not knowing when she feels hungry, however this is inconsistent as there are no cognitive issues diagnosed in HOC."

In Other descriptor supported it says:
"whilst prompting has been considered, this has been ruled out given the evidence from the HOC showing that she was discharged from eating disorder clining in 2008 due to her managing this well, no further plans with this, no cognitive impairment, FH she will have episodes of bulimia 2 days a week when she is feeling stressed, not MOD and SOH showing she is average build and displaying adequate nourishment".

So in the text, it says that I need prompting, but I have been awarded 0 points. In addition, ADHD is defined by cognitive impairment, so I don't understand why it says that I haven't been diagnosed with this. Also, whilst I was discharged from the clinic in 2008, this was because I left uni, not because I was better. I still suffered with eating disorders and this has been documented through further care with psycotherapy services until present. Just because I have a normal BMI (I am on the lower end) doesn't mean that I take approproate nutrition. 

My questions:
1. Seeing as I am on 11 points and the 2 points I believe I am missing should put me onto the enhanced level, is it worth going for MR? Can I argue that what is written in the assessment hasn't been properly converted? 

2. Should I accompany this with a letter stating the points I've made?

3. Could they actually review this and downgrade it? I am super worried about this given the horror stories I have read.

Thanks so much and sorry for such a long post!

Alex_Alumni

Hello there @maralions and a warm welcome to the community Thanks for your query, and don't worry about it being too long. 

I'll see if I can answer your questions:

1. If you feel the DWP should look at the decision again you can request an MR, an independent Tribunal appeal is where you can evidence exactly how/why you think you should have scored more.

2. There's guidance in detail on how to request an MR from Turn2Us, but you can include why you disagree in your request. 

3. As far as I can see, not with an MR. These are the reasons your PIP can be stopped or reduced- The DWP might have stopped or reduced your PIP because:

• you didn’t return a review form in time

• you’ve reached the end of your fixed-term PIP award

• you had a medical assessment and the DWP decided your condition has improved

• you missed a medical assessment

• you told the DWP about a change of circumstances and they decided you can’t get PIP any more

• the DWP is taking back a benefit overpayment

• you’ve been accused of benefit fraud

I hope that all makes sense for you, please let me know if it's not clear. You might also want to look into seeking some professional advice on your next steps, you can find an adviser using Advice Local, or enquiring with Citizens Advice.

In the meantime, I hope you find the forum a friendly and welcoming place to spend time

Alex

calcotti

3) Yes an MR can result in a reduced award because it is a complete reappraisal but it is very unusual and should not be something to put you off making one if you think the decision is wrong. In your case even if they did take points off they would have to take at least 4 points off to result in a reduced award (assuming all the points you refer to are Daily Living points).
Only 27% of MRs result in a change of award but you can then then go the tribunal appeal where outcomes are much more favourable.

Alex_Alumni

Thanks for clarifying that last point @calcotti it's good to know that it's a rarity, even if it does sometimes happen.

maralions

Thanks everyone, I really appreciate your replies.

It's worrying to hear that only a small percentage get reviewed. Given that the text contradicts the points, i.e. they have literally written 'needs prompting' but then not indicated this, do you think I have a higher chance?

Going through the process and writing a letter would be really anxiety inducing so just don't know whether to be happy with what I've got if it's going to be a battle.

Alex_Alumni

You're welcome

I'd encourage you to find some help or advice from the organisations I mentioned @maralions, I'm sure they could help with writing a request for an MR.

Otherwise, you can also ask for a Mandatory Reconsideration over the phone. Use the phone number at the top of your decision letter. It is a good idea to keep a record when you contact the DWP. 

It really depends what you are most comfortable with at the end of the day. If you are happy with your award, then there's no need to challenge it. But if you feel like you need to challenge the decision, there is support out there.

calcotti

Alex_Scope said:

Otherwise, you can also ask for a Mandatory Reconsideration over the phone. Use the phone number at the top of your decision letter. It is a good idea to keep a record when you contact the DWP. 

Would not recommend that unless the only thing you can manage. If you write you know exactly what you have said. If you phone you are reliant on the notes taken by the call operator.