PIP Mandatory reconsideration

cantcope

i have called and logged with DWP and have since sent a letter off explaining what i think is wrong with their decision and why for the sections i dont think they've marked me fairly on.

i was awarded 8 points for care and 8 points for mobility giving me standard for both... so right on the edge of nothing...

I've since read that they could mark me down? is this true?
!surely not if i'm telling them i don't think they've marked me high enough to begin with?

Mobility they have completely guessed as they saw me walk 8 footsteps from car to seat in assessment centre. Sit down for an hour and then walk back. i sent in a letter from my MS nurse saying i cannot walk any distance without pain and the need to rest and i chose the no more than 20 metres on the form...
they have decided i can walk more than 20 metres but no more than 50. how do they know that? i'd love to do that without needing a rest before carrying on!

worried now does anyone have any experience? trolls need not answer

poppy12345

cantcope wrote: »

i have called and logged with DWP and have since sent a letter off explaining what i think is wrong with their decision and why for the sections i dont think they've marked me fairly on.

i was awarded 8 points for care and 8 points for mobility giving me standard for both... so right on the edge of nothing...

I've since read that they could mark me down? is this true?
!surely not if i'm telling them i don't think they've marked me high enough to begin with?

Mobility they have completely guessed as they saw me walk 8 footsteps from car to seat in assessment centre. Sit down for an hour and then walk back. i sent in a letter from my MS nurse saying i cannot walk any distance without pain and the need to rest and i chose the no more than 20 metres on the form...
they have decided i can walk more than 20 metres but no more than 50. how do they know that? i'd love to do that without needing a rest before carrying on!

worried now does anyone have any experience? trolls need not answer

Yes they can do that. Your award could either increase, stay the same or lose everything. Most MR decisions remain the same though, so you'll most likely have to take it to Tribunal. Did you send any other evidence to support your claim? you'll need the evidence to prove the descriptors apply to you. They won't just "take your word for it" Just because you've ticked the box i'm sorry. The more evidence the better. Good luck.

poppy12345

shaun005 wrote: »

I would be extremely interested to see what evidence is used by cantcope to prove that they can't walk more than 20 metres and just as important, where they managed to get it from as I am in the same position.

I'm not sure how that's going to help you seeing as we're all different....

piefeet

my gp told them i cant walk more then 20 meters, they cant call him a liar now can they

poppy12345

shaun005 wrote: »

Any information is better than nothing.I would have thought

Evidence can be anything from a letter from yourself or a diary, a letter from someone that knows you well, Occupational Therapist Reports, GP letter, Consultant Reports. It has to be dated within the last 2 years, that's it what it said on my review letter i had last July. Can't help you any further, sorry.

Newly_retired

As you have already sent off your letter I wouldn't waste time worrying about it, the chances are they won't change anything at this stage and you may end up having to go to tribunal.
Meanwhile do what you can to gather evidence as already suggested, read up online advice, and try to get support from Citizens Advice or a disability rights organisation. You may be able to get representation from a local law centre. Ask around locally as well as online. Hope this helps?

cantcope

They already have a letter from my MS nurse to say i cant walk any distance without pain and the need to rest and that my disease is progressive.
I'm not sure what else i can send them. video evidence? lol Anyone can say they're tired and cant continue surely?
I can ask my new MS nurse (original one retired in March )when i see her at the end of the month to write a letter confirming i have very little feeling in my hands and feet making cooking, dressing etc difficult or dangerous but that might be a bit late? I only see her twice a year and my neuro once

oh well. i guess i'll wait and see what happens. all i can do is be honest and felt i needed to ask for reconsideration because the decisions they've made are based on assumptions that aren't true. i feel like i might as well have never bothered filling in the form at all as they've basically called me a liar without any evidence at least now i know I've told them again my capabilities so my conscious is eased.

Thanks for the replies.

cantcope

i wont take it to tribunal. i don't want the hassle or the stress and would also mean a days unpaid leave from work which i cant afford.
i reread the letter i sent this morning and thinking i sounded a bit sarcastic when i put " i wonder if my application was considered at all?"
oh dear. that's probably going to !!!! them off straight away. but that's exactly how i felt and the lady on the phone told me to put that.. .maybe should have slept on it first

Alice_Holt

cantcope wrote: »

i wont take it to tribunal.

Pity.
It's the tribunal panel who will consider your case carefully and thoroughly.
A panel would consist of a judge (who knows the PIP descriptors and relevant case law), a doctor, and someone associated with a disability organisation.
If you really believe that you are unable to cover 20m without stopping due to severe discomfort reliably and for the majority of days then you should explain that to the tribunal panel.
Your verbal evidence will be very important.
This is helpful: http://www.advicenow.org.uk/guides/how-win-pip-appeal

As others have said there is a risk in requesting an MR if you have an award. If an award is reduced, it is usually reduced by the DWP on MR.
As others have also said it is very rare for the DWP to increase an award at MR stage.
The MR has effectively become another hoop to get through before your case can be more thoroughly considered (and you can attend to fully explain) at a tribunal.

If you felt so strongly enough about the decision to request an MR, then don't give up on a tribunal hearing just because of the need to take a day's (or half a day's) holiday.

Alice_Holt

shaun005 wrote: »

what I have been told the worst bit is preparing for your Tribunal and knowing what to say and how to say it like these professional Welfare Rights people do quoting the law and everything..

I'm afraid you have been told wrongly.

It's the role of the judge at the tribunal to know the law, and any relevant case law.
When appearing at a tribunal, you are certainty not expected to quote law. You need to explain fully how your day-to-day life is affected by your disability / illness, explain the variability, whether you can do tasks reliably etc. Your job is to give the tribunal the information about your condition and abilities so that they can make a correct decision.

The role of a representative (WRA or benefits caseworker) is primarily to prepare the client. They will go through the activities / descriptors with the client, and advise the client on the merit of their case.
If it has merit, they help the client to understand how the tribunal decides on particular activities / descriptors, tease out relevant examples from the client and suggest the client makes brief notes on other similar episodes to talk to the panel about.

They will explain the appeal process, and what the client can expect.

They will write a submission with the client explaining why the client should be awarded the benefit, then send this to the Tribunal Service in advance of the hearing.

They will write to the client's GP / CPN / other health professional to get supporting evidence.
They will help the client gather evidence from carers / family members.

In short, they work closely with the client to help maximise the chances of a successful outcome.
At a tribunal, the panel want to hear from the appellant not their representative.
What they don't do (if they have any sense) is to turn up at tribunal and instruct the judge on the law!!!

cantcope

Alice_Holt wrote: »

Pity.


If you felt so strongly enough about the decision to request an MR, then don't give up on a tribunal hearing just because of the need to take a day's (or half a day's) holiday.

Its not that i don't want to take holiday, i don't have any left as its all taken up by my son having chickenpox so no childcare for a week and hes starting school this September and is on half days for 3 weeks... if i have to go to court, and when i now have hospital appointments its all unpaid leave.

I also don't really want to go to court. my life is stressful enough already. more stress means more relapses which in turn means more unpaid leave i think i would only suffer that if they take my award away completely. but i'd rather not.