MR rejected, can anyone help me decide whether I should appeal?

maralions

Hi everyone, 

Sorry this is so long, but I want to include everything necessary. 

I have been awarded 11 points in daily living, and feel that I should be awarded 2 for taking nutrition (I have been scored 0 here). 

In short, I have ADHD and really struggle to eat properly as I forget to eat. This can be even with food in front of me, so separate to preparing food (which they gave me 2 for for prompting). I also have a history of eating disorders including bulemia which is ongoing. 

I put together some evidence and went to MR, and they rejected it. I would really like some help in deciding the following:

1. Should I appeal? Do I have a good case? Would anyone be willing to read my MR and evidence and advise me? I can't do to citizen's advice as they have such long waiting times and I don't know who else I can ask.
2. I am really worried that they will then reduce some of my points to counteact it and this is stopping me from appealing. I know this is possible, but does this happen?
3. How stressful is the appeal process? Is it worth it?

To give more detail now, I'm outlining what they said and the evidence I then gave them for the MR (in bold below).

In the MR, they didn't give any proper details in the MR apart from to outline what promoting, aiding and supervision means. They said they have reviewed the eveidence and that they have given the appropriate points. They haven't justified why the evidence isn't sufficient.

In the assessment, they wrote: "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 discharged as her eating was well managed". 

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weight displaying sufficiently nourished and FH showing she is not receiving any dietician support amymore, IO not withdrawn, suggests she should be able to reliably take nutrion independently"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 clinic 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".

In my MR I gave them this summary and then outlined each point further:

1. There is evidence written in the PIP assessment agreeing and confirming that I do indeed need prompting, most days, to take nutrition reliably. I believe it was not translated accurately into points.

2. The justification detailing "no cognitive issues" is incorrect - this is confirmed by my ADHD diagnosis, with scientific evidence supplied showing that ADHD is defined by significant cognitive impairment.

3. The justification used regarding my "discharge in 2008" and "managing eating disorders well" is incorrect, due to a misunderstanding of the reasons for my discharge in 2008, plus previous lack of evidence, now supplied, regarding the continuation and present state of my eating disorders.

4. The justification regarding being of "average build displaying adequate nourishment" being incorrect due to my current BMI as underweight, ongoing fluctuating weight due to bulimia, and being significantly under my recorded ideal weight, as detailed in my medical records.

I also gave them as evidence: 
1. Copy of medical records from GP showing fluctuating weight
2. Print of NHS webpage showing current BMI as 'underweight'

3. Copy of letter from my Psychaitrist in 2020 stating curent diagnosis of

eating disorder

- Copy of 2013 assessment showing ongoing eating disorder

and manifestations

- Studies confirming ADHD causing cognitive imparement

Sorry again for such a long post, but I really don't know what to do and whether it's worth going through the appeal. 

Thanks everyone.

maralions

Sorry, one of the reasons why I'm asking is that I feel that I did everything right with the MR, I gave them evidence, I referenced why it was 'most of the time' etc and matched their descriptors and they still declined it. I know they decline most of them, but I don't know what else I can add for an appeal. 

poppy123456

No one can tell you whether you should appeal because we don't know how exactly your conditions affect you. It's no surprise that the MR decision didn't change because only 27% of them do.

First what you need to do is put the assessment report and the decision letter away and forget about them because none of those will get you the extra points.

If you request the Tribunal what you need to do is give a couple of real world examples of exactly what happened the last time you attempted that descriptor for each one that applies to you.

Include detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were.

Sending information from NHS website is not classed as evidence and won't help your claim. PIP isn't awarded based on any diagnosis, it's how those conditions affect you against the 12 PIP activities.

If you go ahead and the Tribunal think there's any risk to your current award they will warn you before removing any points. This will then you give you the chance to either cancel the hearing or continue at your own risk.

maralions

Thanks Poppy, that's great to know that they will warn of a risk. I have been reading about the tribunal and I'm a bit confused, do I have to appear in person? I've read that they will try and make a decision without you making an appearance but I'm not sure if that was just because of the pandemic. 

poppy123456

Paper based hearings have an extremely low success rate, as low as between 5-8%. It's always better for you to either appear in person or telephone hearing, they both have about a 70% success rate. Sometimes a decision can be made without having to appear but it's rare for this to happen.

maralions

Thank you. I suspect the answer is yes, but do they completely review the whole thing? Can I submit the same evidence and writing that I've put in my assessment? I am really struggling to mentally process going through it all again and having more questions and having to repeat myself, and worried about not wording things right or having a 'good' day. I just want them to review one descriptor that they are completely ignoring!

poppy123456

You don't need to submit any of the evidence you've already sent. This will be sent to HMCTS by DWP. You will then receive everything in the "bundle"

You should prepare to either appear in person or have a telephone hearing, it's rare for them to make a decision on paper alone but it does happen.

It has also been known for DWP to make an offer of an award before the hearing takes place but this is also rare and you shouldn't rely on this.

maralions

Thanks, so that includes my reply to the MR? I think that includes all of the evidence I need, I'm really baffled they just ignored it! I also reacorded my telephone assessment so can detail what they left out.

Would you recommend getting any more evidence? I'm not sure what else I can do, as my doctors are pretty rubbish.

Thanks for your help. 

poppy123456

You seem to be concentrating more on what was said during the assessment, in the assessment report and in the decision letter. This isn't going to help you score the points you need. HMCTS already know the inaccurancies in the reports. You need to put all that to one side and forget about them, they are in the past and you need to move forward now.

The bundle will include the PIP1 and 2 form, the assessment report and any evidence you sent, along with DWPs response.

Other evidence should include the real world examples i mentioned above. Remember, less is often more and sending huge amounts of evidence isn't always useful.

maralions

Sorry I'm a bit confused. I'm happy with most of the assessment. I feel they made a good and fair assessment. They awarded me the points correctly apart from one qualifier, which they noted correctly in the assessment notes but strangely not in their recommendations.

Can you clarify what the pip1 and pip2 forms are? Sorry, I get really confused remembering what's what and timelines, which is why I'm finding this difficult. Sorry if I'm being frustrating.

I want them to have my MR because I put a lot of detail in there and evidence as to why this extra qualifier should have been given. If they don't get that, then I'll want to submit this as extra evidence if that makes sense?

maralions

Sorry I should have googled before I replied, I understand the pip1 and 2 forms now.

I'm confused because you say I'm concentrating on the assessment and I shouldn't do this, but then that's what the tribunal will receive, so surely it's important?

I also want them to understand what I'm unhappy with and what I'm happy with. Going over it all again sounds so exhausting and a waste of everyone's time. 

My mental health and disabilities gives me really awful imposter syndrome and I just feel like they're going to turn round and change their minds to try not to give me the right points. I feel like they didn't award it simply because it moves me into higher payments so it's in their interests to ignore it.

poppy123456

They will receive a copy of everything you sent, which will include your MR letter. 
Its not important to concentrate on the assessment at all and it can damage your case. Concentrate on where and why you think you should have scored those points because that is what they will be interested in. 

maralions

Thanks. Hopefully it'll work out!

L_Volunteer

You are welcome @maralions. It is the very least you deserve. Hopefully, it'll work out. In the meantime, if you need any further support please don't hesitate to let us know