PIP Mandatory Reconsideration Declined

MoneyAdvice

Firstly, my main disability is Asperger Syndrome, where I have hypersensitivity to sound. This means that depending on the environment around me, I can be in a constant disorientation and my brain gets overloaded which leads to me being unable to process information.

Before applying for PIP, I made sure I qualified by doing the self-test so that I wasn't going to waste mine or the DWP's time.

So, my DLA ended and I had to apply for PIP. I went to the assessment by myself as my support worker couldn't attend with me due to already being fully booked up for the day, and you can't mess around with Atos! I indicated to the assessor that my support worker couldn't be with me, which went against me on the final report. They then asked if I have problems with sounds, but as I was struggling to process information at that point, I was on autopilot and I answered the questions without understanding what they were due to being overloaded and unable to process information.

To the assessor (and the DWP), I seemed normal on the outside; I was able to answer questions. I was answering questions on autopilot because I felt anxious and was unable to concentrate or process information properly.

I failed the mandatory reconsideration after my support worker sent in detailed reports of my condition, which the decision maker completely ignored and went with my original assessment and used examples like "Your support worker indicated that you are hypersensitive to sounds however you indicated in your Atos assessment that you don't have any problems with sounds."

Being anxious and disorintated went against me because when I was being asked questions, I couldn't process at all what they were saying, and as I struggle with social interaction with other human beings, so I naurally just answered "yes" or "no".

My next step is an appeal, and I'm wondering if I should go down this route when they are likely to come to the same conclusion as the DWP, I definitely won't be able to process a panel of 3+ people, I can barely handle one person.

It's frustrating that Asperger's isn't a common disability and not many people are aware of the distorder which leads most people to make presumptions that one doesn't have any problems. Any advice will be appreciated

NeilCr

It is pretty rare that a mandatory reconsideration overturns a decision. It is much more likely that an appeal will. For a start a tribunal is independent of the DWP.

I'd say get help with the appeal. Go to CAB/your local advice centre who will have experience of doing these. Please do remember that you have 30 days from the date of the letter you received with the mandatory reconsideration decision to get the appeal in

The appeal can be decided on paper. You don't have to attend but the statistics show that appeals in person are more successful. It gives you a chance to explain your condition - would your support worker be able to go with you?

Bananas777

I think the appeal panel will hopefully be more understanding of your condition. You or your support person could explain about why you shouldn't process atos questions in a appeal submission.

MoneyAdvice

I will be appealing but it can take a long time apparently.

Alice_Holt

This may be helpful for your appeal:
http://www.advicenow.org.uk/guides/how-win-pip-appeal

Relevant medical evidence is very important, and you should also send a statement outlining how your poor mental health prevents you performing the PIP activities reliably.

The activities,descriptors and points are here:
http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

Have a careful look through and identify which ones get you to the necessary 8 / 12 points.
For Daily Living it might be:

7. Communicating verbally.
Needs communication support to be able to express or understand complex verbal information. 4 points.

9. Engaging with other people face to face.
Needs social support to be able to engage with other people. 4 points.

10. Making budgeting decisions.
Needs prompting or assistance to be able to make complex budgeting decisions. 2 points.

Do you need supervision, prompting or assistance to be able to manage medication, washing, dressing, etc to enable you to do it to an acceptable standard and in a reasonable time scale?

Mobility - possibly:
1. Planning and following journeys.
d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. 10 points.

Get evidence from your CPN, Mental Health Service, GP, carer, family and friends detailing your difficulties with the relevant activities / descriptors.

You could back up your statement with a (brief) diary / notes showing the tribunal a typical week / month, and the help you need with the relevant descriptors.

Reliably, in a timely fashion, repeatedly and safely
An individual must be able to complete an activity descriptor reliably, in a timely fashion, repeatedly and safely; and where indicated, using aids and appliances or with support from another person. Otherwise they should be considered unable to complete the activity described at that level.

It's important to get as much relevant and concise evidence to the tribunal which supports your appeal.

You will have a better chance of success if you can get to the tribunal and explain in person about your day-to-day life, and how your condition affects the PIP descriptors.

Can you get help from your local CAB / MIND / Advocacy support ?

It could be worth giving the tribunal service a ring, and explain the difficulties for you with a face to face hearing.
In (very) rare circumstance the tribunal may be able to conduct a telephone hearing.



I've posted details about the PIP appeal process on this thread:
https://forums.moneysavingexpert.com/discussion/5490905

Hopefully it may be of use.

Another source of very useful help is:
http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals
and
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf

Good Luck.

I have also recently posted on https://forums.moneysavingexpert.com/discussion/5521997
some detailed posts which may be useful in your situation.

MoneyAdvice

I put in for the appeals and I received the massive paperwork today. The DWP have requested to the courts that my case gets dismissed.

It is now up to the courts/tribunal whether they hear my case or dismiss it. What are the chances of them dismissing my case?

Diary

MoneyAdvice wrote: »

I put in for the appeals and I received the massive paperwork today. The DWP have requested to the courts that my case gets dismissed.

It is now up to the courts/tribunal whether they hear my case or dismiss it. What are the chances of them dismissing my case?

Very slim indeed, it would be fairly unusual for the tribunal to just dismiss it out of hand.

TELLIT01

In reality the Mandatory Recon is more of a method for the DM to explain the decision in more detail than a tool to get the original decision overturned. It was introduced following a report which was highly critical of the way the process of appealing was handled. It has ended up being a box ticking exercise in most instances although I have seen decisions overturned occasionally.

Alice_Holt

The how to win your PIP appeal guide (see link in post 5) explains the process.
See the quotations below.

You now need to prepare and send your own statement to the TS setting out why (and on what grounds) you should have been awarded PIP.
As part of this, go through the DWP evidence bundle and briefly highlight where they have got things wrong.
Get supporting evidence (letters from GP; carers; support worker etc) to the TS asap.

Did you go to your local CAB to get help?
If you did, and if they have a caseworker who can help with your appeal you need to contact them.
The caseworker will be able to help you prepare a submission to the TS and get relevant evidence.

I would guesstimate that the hearing will be middle - end of February. The next communication from the TS will notify you of the hearing date.
Did you opt for an oral hearing?
If you didn't and the appeal is on the papers, then it is vital that you put your case in writing to the TS. (Otherwise they will only have the DWP evidence in front of them).


FROM THE GUIDE -
"The most important part is the report from the medical assessment. Read through it and look for anything you don't agree with. Did the doctor ask you the right questions and listen to your answers? If your illness or disability is better or worse on different days, did the doctor understand that? Make a note of all the things that are wrong. If you can, say why they are wrong. You can include this in your statement to the tribunal."

"For most people, the thing that is of most help is written evidence from their GP or other doctor. If you have a social worker, community psychiatric nurse, occupational therapist, or other professional, evidence from them will be very useful too.
The most useful evidence will explain how your illness or disability affects you, and the help you need (paying particular attention to the descriptors that you meet). This is unusual, so your doctor/social worker etc may not understand that. Look at How to write useful evidence for PIP appeals."

"You should think about keeping a diary of the help you need each day. It will help the tribunal panel to get a proper understanding of your situation. It is particularly helpful if your illness or disability isn't the same every day. Keep a diary for a month if you can (but a shorter time will also be helpful). It can be very brief."

"Write a statement
If you (or someone who is helping you) are good with writing, you should think about writing a statement for the tribunal. These can be very useful as they set out all your points, which means that you don't have to remember everything to say on the day. They also give the panel time to think about what you’ve said and why you should be getting more before they meet you.
For more advice on how to write a statement and what to put in it, see How to write a statement for PIP."


"Evidence from your support worker, personal assistant, carer or anybody that helps you
If there is somebody who helps you a lot (this might be somebody you pay, or who helps you at college or work, or it might be your partner, a family member, or a friend), they may be able to write some very useful evidence too. Ask them to write a letter to the tribunal panel explaining what help they give you and how often. Show them the section for doctors and other professionals on How to write useful evidence for PIP appeals - it will help them to remember everything."

ohreally

MoneyAdvice wrote: »

I have hypersensitivity to sound.

Earplugs?.

MoneyAdvice

Well the process for appealing my PIP decision has started, I just received a letter from HM Courts & Tribunals Service. They will ask the DWP to provide a written response, then a date will be set I presume.