PIP mandatory reconsideration

DeeDeeM

Hi all

I was on PIP enhanced daily living. Standard mobility.

After my latest assessment I was awarded standard daily living no mobility for 3 years.

My question is if I obtain my medical record from my doctors and apply for mandatory reconsideration is it possible to lose points and get nothing.

I’ve got to the point where I’m tired and have no fight left in me to go to court again. Is my standard rate safe if I apply for reconsideration.

Thanks

poppy12345

DeeDeeM wrote: »

Hi all

I was on PIP enhanced daily living. Standard mobility.

After my latest assessment I was awarded standard daily living no mobility for 3 years.

My question is if I obtain my medical record from my doctors and apply for mandatory reconsideration is it possible to lose points and get nothing.

I’ve got to the point where I’m tired and have no fight left in me to go to court again. Is my standard rate safe if I apply for reconsideration.

Thanks

By asking for the MR you do risk losing everything you already have yes. Although most MR decisions stay the same there's still a chance. You need to look at the PIP descriptors to see where you can gain those extra points for a higher award but the chances of taking it to Tribunal are high. Only 17% of MR decisions are successful. How many points were you awarded for daily living?

NeilCr

As Poppy says they can look at the whole award again

Information here

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

DeeDeeM

I was awarded 8 for daily living and nothing for mobility.

My previous award was enhanced daily living due to mental health issues and standard mobility as I have back problems.

I now not only have back problems but also pain/swelling in my knees and feet.

The issue is that I’ve had an assessment during a phase where I’m having lots of investigative appointments. So I thought getting a medical record from my doctor stating all my visits for the past year and what they were for plus any referrals and letters back from hospitals which I didnt receive copies of may help.

My mind and body just can’t go through the court process again. I’ve had enough, I’m tired of all the fighting to prove I’m not well.

That’s why I wondered if they can take my pip away after reconsideration. If they can then I don’t want to do it even though the charity who help me with forms etc said I should proceed

Alice_Holt

There are a few things to consider:
a) How many points did you score (as poppy has asked), so if you scored 10 or 11 points for DL then you are only 1 descriptor away from an enhanced award. Equally, with 10 points there is even less likelihood of losing your current award on MR.

b) Has your condition improved since the previous assessment (as implied by the assessment)? Or would your medical records show your condition has stayed the same or worsened?

c) What activities / descriptors did you score in your previous award? Should these still apply? Go carefully through the activities / descriptors - https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system - and see where the additional points should come from.
This is also useful re interpretation - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/725533/pip-assessment-guide-part-2-assessment-criteria.pdf

d) Does you PIP form support the additional points you will be arguing for? For instance, if you indicated no difficulties with an activity on your PIP form - it is difficult then to argue for those points at tribunal. However if you have been consistent throughout - then the tribunal submission is more straightforward.

e) Can you get supporting evidence for those additional points? Family, carers, as well as medical. This all adds to your case.

A useful guide:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

And for the MR:
https://www.advicenow.org.uk/pip-tool

Links to more info:
https://www.advicenow.org.uk/tags/benefit-appeals

Edit: If the advice agency who helped you with the form, have said you should appeal and can help you through the process then I think you should follow their advice.

poppy12345

DeeDeeM wrote: »

That’s why I wondered if they can take my pip away after reconsideration. If they can then I don’t want to do it even though the charity who help me with forms etc said I should proceed

Yes they can remove points during a MR and as you've only been awarded 8 points then you need to be 100% sure. Is there any reasons why you didn't send the evidence when you returned the form?

poppy12345

DeeDeeM wrote: »

My mind and body just can’t go through the court process again. I’ve had enough, I’m tired of all the fighting to prove I’m not well.

Only 17% of MR decisions change, so it's highly likely to be Tribunal option either way.

DeeDeeM

Yes they can remove points during a MR and as you've only been awarded 8 points then you need to be 100% sure. Is there any reasons why you didn't send the evidence when you returned the form?


I didn’t send the evidence as at the moment I’m to and from various hospitals/physio etc getting diagnoses.

I sent all my appointment letter stating I’m being treated for these various conditions but right now I have nothing except one letter stating I have sleep apnea therefore I’m going through CPAP therapy.

This is why I wanted to get my medical report from my doctors stating how many times I went to them and my doctors note to say I kept going to them complaining of certain symptoms and they’re now being investigated.

My doctors are pretty useless and it took 6 years to be finally sent for a MRI after complaining about my back, 2 bouts of physio who told me 2 different things and finally diagnosed with something completely different after the MRI.

poppy12345

Future appointment letters aren't classed as evidence. A diagnosis makes no difference for PIP because it's not about that. It's how your conditions affect you daily. The evidence you need should state how your conditions affect you in relation to the PIP descriptors.



When you were awarded last time, what evidence did you use? Do you still have that evidence that you can back it up with other evidence to prove your condition hasn't got any better?

DeeDeeM

I had an old doctors letter stating I had mental health problems and back pain. I’d recently had a bad miscarriage where I Haemorrhaged and had emergency surgery. That was it. I was awarded enhanced daily living and and standard mobility. I can’t remember the exact points.

My mental health is worse. Not only depression and anxiety I am now seeing things that aren’t there. Mobility is worse due to swelling on the knee (waited 3 months to see physio for a diagnosis) pain in my feet, showed that I was referred from physio to hospital as they thought I had arthritis in my feet (X-ray has been done I’m now referred back to physio for actual diagnosis) that’s next month.

The list goes on.

I’m hoping getting my medical records show how many times I’ve been to the doctors complaining about back and just getting palmed off with diazepam and tramadol. They’ve also got records of me breaking down saying I’m scared as I’m seeing things, nightmares every time I sleep. I need to sleep with the lights on etc.

poppy12345

DeeDeeM wrote: »

They’ve also got records of me breaking down saying I’m scared as I’m seeing things, nightmares every time I sleep. I need to sleep with the lights on etc.

I'm sorry to hear this but this isn't going to score you any more points related to the PIP descriptors.