Turned down after mandatory reconsideration

starbuck
starbuck Online Community Member Posts: 202 Empowering
in PIP, DLA, ADP and AA

I didn't think I was going to be successful in claiming pip but so many people have told me I should try. I've had my mandatory reconsideration and have scored 0 points again on everything.

The most upsetting part of the report for me though is the last paragraph where it says I can't be looking after my husband. Of course I'm not going to stop claiming carers allowance - I'm the only one looking after him, regardless of how much pain I'm in and how much I'm struggling.

Can they stop my carers allowance because of this?

pip.jpg

My husband reckons I should get help from welfare rights or something similar and take it to a tribunal. I just want to give up on the whole thing, which I guess is exactly what they want me to do.

Comments

  • Lauren29
    Lauren29 Online Community Member Posts: 213 Empowering

    I think that you should contact your local Citizens Advice , Welfare Unit or similar. These organisations will often have a member/s of staff that deal with appeals. Part of their role is to assess the strength of a case and whether an appeal has a reasonable chance of success.

  • MW123
    MW123 Scope Member Posts: 1,890 Championing
    edited January 19

    @starbuck

    I am really sorry this has happened to you. Getting zero points again is incredibly disheartening, especially when you pushed yourself to go through the process. Please try not to worry about your Carer’s Allowance. A PIP refusal cannot affect it. They are completely separate benefits, and being in pain or struggling does not mean you are not caring.

    That paragraph is not really saying you do not look after your husband. It is the assessor using your caring role to minimise your own difficulties (very unfairly), and this is something tribunals often challenge.

    If you feel able, getting support from welfare rights or taking it to tribunal could be worth thinking about. Mandatory reconsiderations fail most people, but many go on to win at appeal. Whatever you choose, you are not doing anything wrong by continuing to claim Carer’s Allowance. The test is simply whether you provide 35 plus hours of care, not whether you do it without difficulty.

  • Mary_Scope
    Mary_Scope Posts: 3,562 Scope Online Community Children and Family Specialists

    Hi @starbuck

    I'm sorry to hear this, it's understandable why you're feeling so upset. The results shouldn't impact your carers allowance at all so I hope that brings a bit of reassurance.

    From what you've described, it sounds like it may be worth contacting your local Citizens Advice as Lauren suggested above as they should have somebody who can assess the strength of a case and whether an appeal has a reasonable chance of success😊

  • MW123
    MW123 Scope Member Posts: 1,890 Championing

    @starbuck, just wanted to add something that might help if you do contact Welfare Rights.  It may be worth mentioning that part of the decision letter where they referred to your caring role when explaining why they didn’t think you met the PIP criteria.

    You can say that you’re concerned the decision maker may have taken your Carer’s Allowance into account in a way that doesn’t reflect how the PIP rules work, and that you’re unsure whether the correct legal test was applied.  Caring for someone doesn’t show you can carry out the PIP activities safely or reliably, and tribunals often look closely at this.

    Welfare Rights will understand exactly what you mean, and they can check whether any irrelevant factors were used or whether the reliability criteria were properly considered.  That’s the sort of thing that can strengthen an appeal.

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