PIP Mandatory Reconsideration Query

MrsJ1995

Hi,

Apologies for another post regarding this - I am new to the process.

I was awarded basic rate daily living but am challenging this. I believe I was given points incorrectly for some activities and denied points I am eligible for in other activities. (I know this is a risk but for me personally it's worth it, as I want the record to be fully accurate about my difficulties).

A few days after my award decision letter arrived, I received backdated PIP. I rang DWP to explain I am doing a MR and ask what I should do with the money. They said just to keep it. I've set it aside and it will stay untouched, just in case there are issues down the line and I have to repay it.

I have now sent off my MR letter and evidence. My question is, what happens if ultimately I am awarded a higher rate? Would I then receive a backdated payment for the additional money I should have got? (I'm aware that this is usually after Tribunal, as few MRs are successful). Just wondering if others have experience of this.

Thanks in advance

Alice_Holt

MrsJ1995 said:

Hi,


I was awarded basic rate daily living but am challenging this. I believe I was given points incorrectly for some activities and denied points I am eligible for in other activities. (I know this is a risk but for me personally it's worth it, as I want the record to be fully accurate about my difficulties).

      It will be backdated.

   
  Just to add that I'd be very, very careful about doing this. 

  It's highly unlikely that an assessor will score you with the exact points you might think appropriate.
 The most important outcome from an assessment is that the overall award is correct.

  As a general point (for others reading) it is pointless challenging a decision if you can't demonstrate how an increased award should have been given.
A standard award is 8 points, enhanced 12 points - so any challenge has to clearly show how and why the additional points to get to 12 and beyond apply.
  It is (IMO) not sensible to challenge just around the distribution of points, and not the overall award (unless the financial aspect of the award is of absolutely no consequence to you). It is also a waste of time for the DWP and the Tribunal Services, and you are at increased risk of an adverse outcome.

  I would always advise people to check with their local advice charity before challenging any decision that resulted in an award, as often their perception of how the points scoring system works is inaccurate.


  A second decision maker can, as you say, take away an award at MR stage. If you've stated on your MR that you think some points should not have been given, then sadly you have increased the risk of this happening.

HillStreetBlues

Yes you would get it backdated, so would be the difference between the award amounts.
The Tribunal will have looked at your case before it's heard, if they think that your award could be reduced then you will get a warning. This lets you decide if you want to carry on with your appeal. If you carry on then yes you could lose your current award, if you decide you don't want to risk it, the appeal will end and you stay on your currant award.
Whatever happens you keep the money you have been paid so far.

peteuk

It’s also worth noting that some activities are automatically discounted if you’re not claiming for a certain type of condition, eg If you’re not suffering with mental health the assessor will zero score certain activities.   However you may think your condition contributes to an activity.

Spoonie_Turtle

peteuk said:

It’s also worth noting that some activities are automatically discounted if you’re not claiming for a certain type of condition, eg If you’re not suffering with mental health the assessor will zero score certain activities.   However you may think your condition contributes to an activity.

Good point.  This is where it's really important to have a thorough understanding of the different activities and know how they are supposed to be assessed, to know whether your condition contributing to difficulties with that activity really should score points or if the law is clear and you won't, no matter what case you put forward for it.

MrsJ1995

Thanks all

poppy12345

I see you have another thread here related to the MR. https://forums.moneysavingexpert.com/discussion/6493309/pip-mandatory-reconsideration-letter-evidence#latest 

perhaps keeping to the same thread for the questions related to this would be better. It just gets very confusing keeping up with multiple threads on the same subject from the same person.