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No change after PIP Mandatory reconsideration

ncor
ncor Community member Posts: 88 Pioneering
edited June 2021 in PIP, DLA, and AA

Comments

  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    Hi and welcome to the community 

    I presume from your title you have had a decision on a MR for pip and it has been unsuccessful 

    Is this a new claim or a review? How many points did you score 

    The next stage is tribunal where the success rate is better than MR

    If you have any questions just ask 
  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    Hi @ncor - & welcome to the community. :)  Sorry your Mandatory Reconsideration didn't change things. The success rate for appeals is much higher as mentioned above.
  • Caz_Alumni
    Caz_Alumni Scope alumni Posts: 621 Pioneering
    Welcome to the community @ncor :) It's good to have you with us. 

    I just wanted to follow up on your first post and find out a bit more about what's been going on for you recently. As janer1967 has said, it sounds like you applied for a mandatory reconsideration for PIP, but that you weren't successful with that? Is that right?

    If that is the case, then I'm sorry to hear that there's been no change. But as chiareds has said, the success rate at the appeals stage can be much higher. Can I ask then, are you planning to appeal? If so, then you might want to take a look at some further advice on the appeals process on the Citizens' Advice and the Turn2Us websites. 

    Plus, if you do feel comfortable telling us a bit more about your circumstances, then we'll do our best to offer you some additional guidance. Last of all, I've moved your discussion over to our PIP, DLA and AA category. You might also want to have a read of some of the discussions on that thread as well, in case they're helpful to you for finding out about your next steps.

    Hope that's useful to you ncor. Feel free to let us know if you have any questions for us. :)
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  • ncor
    ncor Community member Posts: 88 Pioneering
    Hi,

    I received my decision in February that I had been awarded pip at enhanced for daily living (12 points) but no mobility (4 points) for a period of 2 years 6 months with a review after 1 year 6 months.

    I asked for a mandatory reconsideration, sent in additional evidence to support my claim for an enhanced mobility award, for a longer award also.

    I received the letter in the post yesterday that the DWP haven’t changed their decision.

    What would you say my next stage to appeal to tribunal will be? How would I do it? Is it better to do the appeal online or through post? Also am I allowed to ask my mental health worked or citizens advice to represent me? Or is a family member okay?

    I was on enhanced daily living and standard mobility on my previous PIP award, since then my conditions have worsened, which my evidence clearly shows but it looks like DWP is trying everything they can not to give me the mobility award I deserve.

    I suffer with Fibromyalgia, Sciatica, severe depression & anxiety for the last 9 years, have evidence to prove also.

    Has anyone been In this same position and if so can you help me?

    Also do I send the tribunal all the same evidence I sent PIP or will PIP already send that to them as part of the tribunal appeal?

     Thanks.
  • ncor
    ncor Community member Posts: 88 Pioneering
    @Caz_Scope how do I find my post on that thread? Thanks 
  • ncor
    ncor Community member Posts: 88 Pioneering
    Or could you help @chiarieds & @janer1967. Thanks.
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    Hi there 

    Follow the instructions on your decision letter to go to next stage which is tribunal 

    Anyone can attend tribunal with you as support but they can't speak on your behalf just prompt you 

    Cab no longer go with people to represent you but can help putting the case together for you . Welfare rights are the place to contact for representation 

    Have a look through the pip section  there is guideline of how to appeal a decision. 

    First thing to do is get the forms sent off and then look.at representation.
  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    Hi @ncor -  no need to send the tribunal what you've already sent in with your initial claim form, nor Mandatory Reconsideration. There's an excellent post here by one of our knowledgeable members about representation & PIP tribunals:
    With a tribunal, it's just a judge, a Dr, & someone with an understanding about disability, & they won't be interested in the health care professional's assessment, but will rather want to hear how your disability affects you with daily living & or mobility the majority of the time.
    If anything, you need to now send a couple of really detailed examples of the difficulty you faced (at the time of your assessment} for any applicable activity/descriptor, i.e. when did it happen, why was doing/attempting it difficult, what exactly happened, who witnessed it, what, if any, were the consequences of this? It's your own real life examples as to how your disability affects you that is likely missing, & which will carry far more importance than medical evidence.
  • ncor
    ncor Community member Posts: 88 Pioneering
    Okay thank you both.

    Will it be worth me trying to get extra evidence to send to tribunal or will they be able to make the decision on what they already have?

     Thanks 


  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    Only send if it is new evidence and relevant and details how you are affected on a daily basis.  Diagnosis and appointment letters are not relevant 

    You really should get some expert advice to give yourself the best chance 
  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    If by 'extra evidence' you mean medical evidence, then this is unlikely to be needed as your diagnoses will not be disputed. Any extra evidence needed is your own....just how exactly your disability affects you, as I've tried to explain. As Jane mentions, it would be worth seeing if you could get some expert local advice. Try searching here: https://advicelocal.uk/

  • ncor
    ncor Community member Posts: 88 Pioneering
    Okay thanks.

    Is it best to do the appeal online or through the post? 

    Thanks.
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    It doesn't really matter whatever you feel is better for you 
  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    Either way is fine......one way isn't better than the other. What matters is what you put in it, so don't forget those detailed examples of the difficulty you face mentioned above.
  • ncor
    ncor Community member Posts: 88 Pioneering
    Okay thanks very much will keep you all updated.
  • ncor
    ncor Community member Posts: 88 Pioneering
    Hi,

    Just to update everyone. I got in touch with local welfare rights who lodged my appeal for me.

    DWP rang a few weeks later (Monday gone by) and awarded me the enhanced mobility which is great news! They wouldn’t change the length of the award as I was pregnant at the time of assessment which they said played a big factor in determining the length of the award.

    All in all I’m very happy with the outcome! Will be ready for the fight next time and push for a longer award.

    Thanks everyone for the advice and input, greatly appreciated!

  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    Great news and thanks for updating 
  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    Very pleased to read your news @ncor so congratulations. :)
  • Tori_Scope
    Tori_Scope Scope Posts: 12,488 Disability Gamechanger
    Thanks for letting us know @ncor :) It's always great to hear good news, and hopefully it'll give others some hope too. 
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