PIP Refused...Is MR Worth It ?

Jack_Itin

Alice, Thanks for that....one of the things that I don't agree with is that the HCP has given me 2 points for "Can you cook a meal"....the HCP has stated that I need an aid, a stool in the kitchen, but what she has not stated, probably my fault, is that I have to sit with my right leg elevated, because of numbness and pain, hardly an ideal position for preparing, or cooking a meal, so I intend to challenge this...... Jack

adviceforall

Good luck. join this group on Facebook as they have excellent advice. https://www.facebook.com/groups/618408238317462/

Jack_Itin

O.k....Just got back from CAB...very helpful and informative, the lady I saw said that I was the fourth person she had seen today, looking for advice on requesting an MR...now about to write letter to DWP, and send it of in the morning......Jack.

antrobus

adviceforall wrote: »

I believe that only about 4% of MR's are successful...

15% of MRs result in a 'change in the claimant's award'. Since the stats don't say whether the change is up or down, I don't know if they are successful or not from the claimant's point of view.

Jack_Itin wrote: »

Alice, Thanks for that....one of the things that I don't agree with is that the HCP has given me 2 points for "Can you cook a meal"....the HCP has stated that I need an aid, a stool in the kitchen, but what she has not stated, probably my fault, is that I have to sit with my right leg elevated, because of numbness and pain, hardly an ideal position for preparing, or cooking a meal, so I intend to challenge this...... Jack

To get more points under the 'Preparing Food' activity it looks like you have to qualify for 'Needs supervision or assistance to either prepare or cook a simple meal. ' It doesn't seem that the need to elevate your right leg will get you any more points under that activity.

Jack_Itin

Thanks for that.....my point is that being unable to either stand, or sit, for any reasonable time, makes it virtually impossible to either prepare, or cook anything, maybe the DWP see it differently than me, but I see it as not being able to do this "in a safe, timely manner, to an accepted standard and repeatedly"......Jack.

antrobus

Jack_Itin wrote: »

Thanks for that.....my point is that being unable to either stand, or sit, for any reasonable time, makes it virtually impossible to either prepare, or cook anything, maybe the DWP see it differently than me, but I see it as not being able to do this "in a safe, timely manner, to an accepted standard and repeatedly"......Jack.

What responses did you give on the PIP form?

Q3a asks ' Do you use an aid or appliance to prepare or cook a simple meal? '

Q3b asks 'Do you need help from another person to prepare or cook a simple meal? '

To get more than 2 points, you need to have answered 'yes' to Q3b, and provided details of what help you receive under extra information.

rockingbilly

Jack_Itin wrote: »

Thanks for that.....my point is that being unable to either stand, or sit, for any reasonable time, makes it virtually impossible to either prepare, or cook anything, maybe the DWP see it differently than me, but I see it as not being able to do this "in a safe, timely manner, to an accepted standard and repeatedly"......Jack.

You have to fit the descriptor to the exact point.
Using your argument you could be seen as trying to 'push the boundary'.

What evidence have you submitted that would prove your argument. The DWP will not take your word for anything. If they did all and sundry would be claiming for something - as they did under DLA.

Jack_Itin

Unfortunately I answered no to q3a and q3b....I wrongly assumed that this was a mental agility question....in my head I can do this, physically I cannot....a classic case for getting help with the original claim form......It was the HCP at the assessment that noted that I needed an aid to carry out this task, in reality I would struggle to carry it out at all.....is it now too late to explain this? or will the DWP see it as merely point scoring ?.....I have no real evidence to support this issue, it is just how it is on a daily basis.......Jack.

rockingbilly

Jack_Itin wrote: »

Unfortunately I answered no to q3a and q3b....I wrongly assumed that this was a mental agility question....in my head I can do this, physically I cannot....a classic case for getting help with the original claim form......It was the HCP at the assessment that noted that I needed an aid to carry out this task, in reality I would struggle to carry it out at all.....is it now too late to explain this? or will the DWP see it as merely point scoring ?.....I have no real evidence to support this issue, it is just how it is on a daily basis.......Jack.

If you do not make a case for a particular descriptor to apply and provide evidence to support it, even if the assessor or DWP can see that you would fit that descriptor they will not give you that descriptor/points.
The assessor/DWP is not there to offer anything, their job is to decide what you can qualify for on the descriptors you claim to fit. Get the claim form wrong or under estimate your abilities no one is there to rectify your mistake.

Not having a go at you but because I did not get expert independent advice when filling the form out (and even worse had the Jobcentre help fill it in) I do not expect to get any points - in fact I missed off the fact that I am deaf in both ears, have to use hearing aids and have problems coping despite those aids. Going to an assessment with those aids in will not count for anything.
Personally I'm not really that interested if I get it or not and thinking in that way stops all of the stress and worry..

NeilCr

Jack

What did the CAB lady advise?

She has the advantage of having a face to face exchange with you. I would stick as closely as possible to what she said