mandatory reconsideration

wish
wish Community member Posts: 38 Connected
edited December 2022 in PIP, DLA, and AA

Hi I'm after some advice on what to do please I'm trying help my brother with pipp after being a recluse for 4 years he let it run out so had to do a fresh form in 2016 he was awarded 22 points 10 being the moving around so high care low mobility 2019 he was due for review

was sent forms I wasn't in his life at time as he had attacked my husband apparently forms were filled in by support worker she went along with the face to face didn't speak to help my brother and he got an award of low care which run out last year and because he had become recluse the claim ended as no one fill in forms my brother cannot read or write cannot read signs symbols cannot do anything on his own

I have to to doctors with him speak on his behalf he doesn't even no how to make a doctor's appointment so whilst he was a recluse he had some health problems which are now being sorted but because they have been left they are now requiring surgery and lots treatments and medication but DWP have said on his statement of reason there decision he can engage he said he can plan a journey said he doesn't have medication for anxiety so he is ok he doesn't need help with meds although his meds are in dosette box for him

they say because he don't wear pads he doesn't. Have incontinence problem although his on med s for incontinence and he will stand there wet himself if I don't guide him to toilet remind him because he doesn't see anyone form mental health or has a support worker

his ok but my brother has been a recluse and didn't let anyone in so all support was withdrawn he even got court order from housing because he wouldn't let gas man in to do check on gas boiler

it took from filling in forms to an award 7 months but in that 7 months lots changes in my brother my brother is very vulnerable in society I am my brother's appointed person so face face was done with me over phone I was asked 4 questions took 8 minutes one questions was would your brother hurt someone no was my answer as we are with him all time he does not go out on his own I don't think he would hurt someone but his response and way he is in society makes him very vulnerable for him to be hurt if someone was not with him I've had a neighbour try to ask for money from my brother in a very deceitful way the amount was 1000 pound I had report it to housing team they are treating it as anti social behaviour and criminal as she's tryed take advantage of him since filling in pipp form

I've been doctors several times various hospitals for scans and tests I've had accompany him and speak on his behalf we have had urgent mental health assesment as my brother is hearing voices and seeing people the voices are telling him to hurt people with weapons he has got verbal aggressive with members of my family and members of the public and my little grandson who is on spectrum he has even said if  I was to be left with him I would most probably kill him with things he does he has got  to do therapy got have a support worker and PCN has told me to make contact with social services my brother is on pathway for autism they do think he has this but it's 2 year wait for assesment at moment

so I'm now wanting to know how I go about this I'm asking for a mandatory reconsideration for sure as I don't agree with points he received 10 but been lots changes in him since forms 7 months ago just received his award in

understand I have 28 days to ask the to reconsider his claim do i do all together ask them to reconsider and review his claim re changes in past 7 months hope all this makes sense I just don't feel low care is right for him he has no diagnosis only depression he had episode 6 years ago when he was sectioned they put it down to depression he smashed up his entire flat police came tasered him sent him hospital

sorry it seems long but I know someone on here will guide me on what to do when I had face face on phone I don't think I was asked enough re my brother oh she also said because my brother doesn't have speech language therapy as my brother stutters and can't get words out it's only when his nervous so it's not a problem for him which is untrue my brother stutters all the time even with talking to me

her statement is going against all what I said in pipp form and she's gone back on his last assesment said about things from there but I said on form he became recluse so things have changed 

Comments

  • calcotti
    calcotti Community member Posts: 10,005 Championing
    edited December 2022
    I’m afraid I have found it impossible to absorb everything you have posted as one continuous narrative without paragraphs and punctuation so I’m sorry if the following misses the point.

    When you do an MR are you are challenging whether or not the decision was correct at the time it was made. Any changes that have taken place since then cannot be taken into account in an MR. 
  • poppy123456
    poppy123456 Community member Posts: 60,975 Championing
    I found that impossible to read too, sorry. I'd advise you to get some expert advice from an agency near you. Start here and it will tell you what advice agency is local to you. You will need to "choose a topic" welfare benefits. https://advicelocal.uk/

  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,538 Championing
    Hello @wish and thanks for reaching out, I hope you don't mind me editing your post so it's a bit easier for everyone to read. Can I check, is your brother currently receiving PIP, or has the latest decision meant the award has been declined? 

    If you would like to challenge the PIP decision as your brother's appointee, you can read about your options on the Turn2Us website, search AdviceLocal for a professional adviser local to you, or call/email the Scope Helpline to speak to one of our advisers directly.

    I'm a little unsure what you mean here, and I'd want to make sure I understand: 
    I've had a neighbour try to ask for money from my brother in a very deceitful way the amount was 1000 pound I had report it to housing team they are treating it as anti social behaviour and criminal as she's tryed take advantage of him since filling in pipp form

    Was this since you filled in the PIP form last, or are you saying the neighbour filled in the form? I'm glad the housing team have been able to support you, but you can also reach out to Victim Support if you need to. 

    Can you tell me about the support your brother is getting for his mental health at the moment? Was this assessment very recently? 
    we have had urgent mental health assesment as my brother is hearing voices and seeing people the voices are telling him to hurt people with weapons he has got verbal aggressive with members of my family and members of the public
    I'll be sending you an email a little later today, so please let me know if you haven't received it, and please ask if there's anything else we can do to help.  
  • wish
    wish Community member Posts: 38 Connected
    Thankyou Alex I'm not very good with writing things so very grateful for you doing this 
  • wish
    wish Community member Posts: 38 Connected
    Yes I want challenge there decision as I don't agree so going ask for a mandatory consideration but since filling in forms lots more has happened so I want them to take into consideration changes in his health yes I understand that mandatory consideration will only be taking in to account from 7 months ago but It states any changes you must notify mental health assessment was last week they have signposted me to therapy for him and support worker and they believe his got high anxiety neighbour asked him for a 1000 for an Ariel repair on roof she said it belongs to her and his Ariel is on her pole so could he pay towards it alarm bells rung for me so I called housing team and they have said it belongs to them and all tenants pay maintained charge for it they are saying it's antisocial and criminal matter they are going to visit her yes that happened after forms were filled in lot has happened since forms were filled in sorry I'm. Not very good at writing things 

  • wish
    wish Community member Posts: 38 Connected
    I called pipp and spoke to a case worker re my brother's award saying I didn't agree with there decision and my reasons why she was very understanding and I was on phone for 45 mins she said she would forward this on and I would her in around 8 weeks to the mandatory consideration well today I got a phone call asking me some questions and she said she was awarding him enhanced care and mobility and I've will be backdated to last June and she said I'm happy to award him his award from year before when he didnt respond to his review and he didn't have any pipp for 9 months as he became a recluse and he has a good reason for not responding to the review letter 
  • wish
    wish Community member Posts: 38 Connected
    Mandatory consideration only took 3 weeks