PIP Refused...Is MR Worth It ?

Debzann

My daughter has aspergers syndrome and got high level care on dla but today pip was refused she only got 2points . The assessor wasn't mentally health trained and I was told they don't need to be . How can questions be the same for someone with mental health condition and someone who has a missing limb etc . I will be appealing this . If you ask me mental health is completely overlooked .

rockingbilly

Debzann wrote: »

My daughter has aspergers syndrome and got high level care on dla but today pip was refused she only got 2points . The assessor wasn't mentally health trained and I was told they don't need to be . How can questions be the same for someone with mental health condition and someone who has a missing limb etc . I will be appealing this . If you ask me mental health is completely overlooked .

I agree, I believe everyone should be assessed by someone that has some knowledge of how a particular condition affects people.
I used to get DLA up until last month (HRM & MRC indefinite) yet when moving over to PIP (I'm 67) they decided to give me no points and that was after not even affording me the chance to explain at a face to face assessment!
How they can say that when they know all about my mental & physical diagnosis - they just assume that they now don't give rise to any difficulties. I wish that they could just live one of my days for me and then tell me that I don't have any significant difficulties.

Muttleythefrog

rockingbilly wrote: »

Why are people so fixated on the descriptors and points awarded?
Surely the best advice is to be totally honest with your answers that you put on the PIP2 and let the Assessor/DWP decide what descriptors you fit and what points should be awarded.
It seems to me that the general advice is to complete the PIP2 using the descriptors as a guide instead of explaining the actual situation that each person finds themselves in.

I didn't even write anything on my PIP2 nor did I read what had been put there, but I do suspect that what was written down for me mirrored my particular circumstances without any regard as to what the descriptors say.

Long time after you wrote this... but you've already answered your question in the post and now face the problem of redressing it. The PIP2 form is there to capture relevant information for assessing entitled to PIP. Entitlement to PIP is determined by which descriptors are found to apply to you. So your last paragraph answers your question of the first sentence... it's not about being honest.. it's about being honest and giving relevant information. If I ask you what the weather is like and you tell me you are 67 years old... then in telling me you are 67 years old may be entirely honest but it's absolutely useless to determining what I need to determine which is what the weather is like. And this is key... I suspect you do lack for relevant disability information on the PIP2 and it is deeply unfortunate you have treated through desperation or disability or stupidity that PIP2 form carelessly. Its completion and content are the key elements of assessing entitlement where you in theory do have a solid control... to not even know what you've said leaves you now scrambling around to determine whether you've put a noose around your own neck in claim. But my advice is in another thread... you need to determine what descriptors apply to you (given your disabilities) so that you can figure out if you should qualify for PIP.. and get hold of the evidence in play as you'll now try to do. If football is a game with a ball.. then PIP is a game with disability descriptors.

Muttleythefrog

Jack_Itin wrote: »

O.k....Rang them this morning, they have received MR letter, the chap said that my claim will be looked at again, and that this could take "2 to 3 weeks".....we shall see......Jack.

Yep a waiting game now.. agree with advice you've received. Good luck and let us know how the MR turns out. I waited over 2 months for my MR but these things vary considerably. Expect no change to decision and anything better a bonus and then if necessary appeal.

Muttleythefrog

Debzann wrote: »

My daughter has aspergers syndrome and got high level care on dla but today pip was refused she only got 2points . The assessor wasn't mentally health trained and I was told they don't need to be . How can questions be the same for someone with mental health condition and someone who has a missing limb etc . I will be appealing this . If you ask me mental health is completely overlooked .

Yes get hold of all the evidence they've used to take decision including the PA4 assessment report if not already gotten. Then consider a mandatory reconsideration... you'll have a month from date of decision... focus on the descriptors and try to present convincing argument including examples and if possible independent evidence that supports a claim of the various descriptors applying that are relevant.

Jack_Itin

O.k.....It's just over two weeks since I last rang DWP, and was told that I should have my PIP MR decision in "two to three weeks"....so next Tuesday, the 28th the three weeks is up....I realise that this timescale is only an estimation, but will it be worth ringing them on the 28th? or shortly after then, if I have not heard anything by then, to ask for for an update......Jack.

nannytone_2

it can't do any harm

Jack_Itin

That's it, my PIP journey is over.....as expected I am getting !!!!!! all, no sour grapes here.....what I would say is that for 64 years I have always believed that honesty is the best policy.....I am no longer so sure about that....thanks to all that helped along the way, lessons learned, job done......Jack.

Alice_Holt

It's very rare for a DWP MR decision to overturn the original DWP decision.

You can now continue the appeal to the Tribunal Service. 65% of TS appeals are successful.

Here is the form to continue your appeal.
http://formfinder.hmctsformfinder.justice.gov.uk/sscs001-eng.pdf

Needs to be lodged with the TS within 1 month of your MRN letter date. You need to attach the MRN.
Opt to attend the hearing, and I suggest not requesting short notice.

You can then follow up with supporting evidence, written statements, etc.

This is a very good guide:
http://www.advicenow.org.uk/guides/how-win-pip-appeal

Also info at:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

As you are only 2 points short of a DL award, it may well be worth appealing.
Can you go back to the CAB?

I posted some links at post 20 - not sure if I included this:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf

Pages 97-126 should help you decide if an additional 2 points were merited.

Jack_Itin

Thanks for that Alice Holt, but I don't intend to pursue it further....I will be 65 in twelve months time and we are financially secure, it would have been nice to have been awarded something, some days I can hardly walk at all, DWP know that I have to use a mobility a
scooter some of the time, but that seems to mean nothing to them, God help anyone that depends on DLA/PIP for survival....it has certainly been a learning curve for me......Jack.