PIP advice - awarded a higher mobility rate after starting appeal but not on Daily Living

vitaminz

Hi, I recently claimed PIP for 2 reasons - severe mental health issues over the last year or so, plus I have been diagnosed with Dyspraxia and Sensory Processing Disorder since I was a child and this continues to effect my daily life.

I was awarded the Standard rate of the Mobility component due to my mental health issues which I understood but I had no award for Daily Living - it appeared my assessor didn’t take anything that I said about my Dyspraxia/SPD into account, such as not being able to use cutlery, having issues dressing/washing and more.  So because of this I asked for a mandatory reconsideration, which quite expectedly led to no change, so I then started an appeal. I was planning on sending a letter from my GP along with a diary of how my Dyspraxia and SPD affect me.

I had a surprise call from the DWP today to advise me they can make a change to my award. To my surprise they have awarded me the Enhanced rate of the Mobility component due to my mental health issues, yet still can’t award me anything for Daily Living. I was reluctant to accept this and stop my appeal but he told me i can send them additional evidence for them to reconsider in the future (although he mentioned this relates to ‘changes circumstances’ - does new evidence relating to an existing issue actual count as a changed circumstance), or I can appeal my new award once my letter comes through.

On this basis I accepted the new award but I’m uncertain of how to proceed next. I totally did not expect to meet the criteria for the Enhanced mobility rate and I feel a bit confused on that, so I feel a bit…guilty in persueing more. But the fact that my lifelong disabilities have been ignored is frustrating. Is there a point in me sending my GP letter (once I have it) and diary for them to reconsider my award? Or should I start a new appeal? Or should I just leave it all together now seeing as they have already increased my award?

Thanks

poppy12345

As you've now accepted the offer from DWP your appeal will lapse. Once the award is in payment you can then request another Tribunal. Your waiting time will start from the beginning again. Yes, you can send new evidence that related to your exiting conditions. What they won't consider is any worsening of condition.

vitaminz

poppy12345 said:

As you've now accepted the offer from DWP your appeal will lapse. Once the award is in payment you can then request another Tribunal. Your waiting time will start from the beginning again. Yes, you can send new evidence that related to your exiting conditions. What they won't consider is any worsening of condition.

I only started my appeal about 2 weeks ago so I don’t mind the waiting time starting again - that’s fine, my Dyspraxia/SPD has been constant for a while. Hopefully my evidence helps, thanks

Alice_Holt

Yes , a new appeal can be made when the new revised decision letter has been received (the letter will give details of your appeal rights, and the month deadline from the late of the letter to appeal).


The DWP employee should have told you that you have a right of appeal against their revised decision, they were incorrect to indicate that it has to be connected with a change of circumstances.    

I would suggest seeing if your local advice charity / welfare rights agency can help.  

Do you know what points were scored against the PIP descriptors for both Mob & DL ? 
   

poppy12345

Alice_Holt said:

You will go through the same process again - MR first then tribunal hearing.

I don't think that's correct. The MR has already been completed so they can proceed straight to Tribunal again.

Alice_Holt

poppy12345 said:

Alice_Holt said:

You will go through the same process again - MR first then tribunal hearing.

I don't think that's correct. The MR has already been completed so they can proceed straight to Tribunal again.

     Sorry yes, on reflection I'm wrong.  I'll amend my post.
       

peteuk

Mobility - I assume that your enhanced rate will be mainly due to your mental health.

Daily living - You may have scored in some areas but not enough for a successful claim.  Did you get a copy of your assessment?  If so look at the scores and think about how you manage each individual activity.  Can you do it safely, in a reasonable time, consistently and to a normal standard without ill effect.

Google the activities and descriptors.

Look at supporting evidence (if any). 

It may be that yes you score but nit enough for a claim,  Good luck.

vitaminz

Alice_Holt said:

Yes , a new appeal can be made when the new revised decision letter has been received (the letter will give details of your appeal rights, and the month deadline from the late of the letter to appeal).


The DWP employee should have told you that you have a right of appeal against their revised decision, they were incorrect to indicate that it has to be connected with a change of circumstances.    

I would suggest seeing if your local advice charity / welfare rights agency can help.  

Do you know what points were scored against the PIP descriptors for both Mob & DL ? 
   

Sorry, to clarify they did indeed inform me I can appeal but also said I can send supporting evidence directly to the DWP for them to reconsider without having to start an appeal. However my research tells me this is only for a change of circumstances and not  more evidence for something they are aware of, so perhaps an appeal is best anyway

poppy12345

vitaminz said:

Sorry, to clarify they did indeed inform me I can appeal but also said I can send supporting evidence directly to the DWP for them to reconsider without having to start an appeal.

That makes no sense because they've already reconsidered and increased your mobility award but still decided you're not entitled to daily living.

vitaminz said:

 However my research tells me this is only for a change of circumstances and not  more evidence for something they are aware of, so perhaps an appeal is best anyway

For a change of circumstances you would need to ring them to report this. You would then be sent more forms to fill in and return and the process would then start all over again.

Just sending more evidence to them is not really a change of circumstances.

Do you know which descriptors you think you should have scored points for and why?

vitaminz

poppy12345 said:

vitaminz said:

Sorry, to clarify they did indeed inform me I can appeal but also said I can send supporting evidence directly to the DWP for them to reconsider without having to start an appeal.

That makes no sense because they've already reconsidered and increased your mobility award but still decided you're not entitled to daily living.

vitaminz said:

 However my research tells me this is only for a change of circumstances and not  more evidence for something they are aware of, so perhaps an appeal is best anyway

For a change of circumstances you would need to ring them to report this. You would then be sent more forms to fill in and return and the process would then start all over again.

Just sending more evidence to them is not really a change of circumstances.

Do you know which descriptors you think you should have scored points for and why?

I scored points (4) for mixing with other people but I think is just because of my mental health, and had 0 for every other daily living descriptor. I believe I should have had points in the below:

Preparing food - I only prepare food under supervision and do use most appliances because of my clumsiness and coordination issues

Eating and drinking - I cannot use cutlery correctly and only eat finger food

Managing your treatment - I use a pill organiser to help me to take my anti depressants

Washing and bathing - I can do it fine physically but often require prompting to wash sufficiently 

Dressing and undressing - my dyspraxia makes me prone to wearing things inside out or back to front which requires prompting to change, and I cannot tie shoelaces

Budgeting - I struggle with money and seeing the bigger picture of my finances 



The biggest issue I have with this is that all my evidence dates back to when I was a child about 20 years ago and I think they are reluctant to believe it still affects me despite Dyspraxia/SPD being lifelong conditions. This is why I was hoping a GP letter and a diary might help 

peteuk

Gp letters provide very little evidence, as they will write what you want them to.  A occupational therapy assessment would hold more sway. Certainly with your physical problems.  Specialist letters carry more weight. 

The other point I would suggest is the use of often (as in often require prompting to wash) and prone (prone to wearing things inside out or back to front). These do not lend themselves to suggest they occur the majority of the the time. 

Also, and I agree harshly, when stating I can do an activity no problem, this can lead to comparisons and discredits other activities.  EG you can wash fine (so have the dexterity and grip to hold but need prompting indicating its more mental health than physical health.  This may lead an assessor to question your grip whilst cooking or eating.  Have you tried aids for cooking/eating.

You would benefit from a face to face assessment, at least then you can physically pick up a pen and demonstration the difficulties you have.