PIP award

Rubyroobs

I probably should know the answer to this but don't so any help appreciated. 

Person I know applied for PIP a few weeks before turning pension age. Was awarded standard daily living and no mobility. Wants to do an MR to get the mobility component as well. Only receives basic new state pension so would qualify for Pension credit including sdp now that has been awarded daily living PIP. 
My question is - if they decide to ask for MR for the mobility part , I know they look at the whole award again but would she get paid the daily living part whilst waiting for the MR ? If they are not paid this until the whole award is finalized does that mean they can't apply for Pension credit in the meantime because there is only entitlement once PIP awarded ? 

Thanks for any thoughts/ help.

HillStreetBlues

The person would continue to get standard living during MR and if unchanged then would continue to Tribunal.
Any PC would be based on the current award that ATM is standard living.

Alice_Holt

Rubyroobs said:

I probably should know the answer to this but don't so any help appreciated. 

Person I know applied for PIP a few weeks before turning pension age. Was awarded standard daily living and no mobility. Wants to do an MR to get the mobility component as well. Only receives basic new state pension so would qualify for Pension credit including sdp now that has been awarded daily living PIP. 
My question is - if they decide to ask for MR for the mobility part , I know they look at the whole award again but would she get paid the daily living part whilst waiting for the MR ? If they are not paid this until the whole award is finalized does that mean they can't apply for Pension credit in the meantime because there is only entitlement once PIP awarded ? 

Thanks for any thoughts/ help.

       They would continue to get the DL award, so can apply for PC on the basis of the award given, whilst still challenging the decision.

   However the main risk to having the DL award removed is at MR stage (at appeal stage a tribunal would warn the appellant first), so in that position I'd need to be very sure that a mobility award is likely on appeal and that there is no chance that the DWP could remove a couple of points which would then lead to the cancellation of the DL award.

   The MR would need to be carefully written to attempt to avoid that possibility (particularly if on 8 or 9 DL points).

   I'd also suggest gathering the medical evidence to prove that the mobility issues (and their extent) arose before they turned SPA.     

Rubyroobs

Alice_Holt said:

Rubyroobs said:

I probably should know the answer to this but don't so any help appreciated. 

Person I know applied for PIP a few weeks before turning pension age. Was awarded standard daily living and no mobility. Wants to do an MR to get the mobility component as well. Only receives basic new state pension so would qualify for Pension credit including sdp now that has been awarded daily living PIP. 
My question is - if they decide to ask for MR for the mobility part , I know they look at the whole award again but would she get paid the daily living part whilst waiting for the MR ? If they are not paid this until the whole award is finalized does that mean they can't apply for Pension credit in the meantime because there is only entitlement once PIP awarded ? 

Thanks for any thoughts/ help.

       They would continue to get the DL award, so can apply for PC on the basis of the award given, whilst still challenging the decision.

   However the main risk to having the DL award removed is at MR stage (at appeal stage a tribunal would warn the appellant first), so in that position I'd need to be very sure that a mobility award is likely on appeal and that there is no chance that the DWP could remove a couple of points which would then lead to the cancellation of the DL award.

   The MR would need to be carefully written to attempt to avoid that possibility (particularly if on 8 or 9 DL points).

   I'd also suggest gathering the medical evidence to prove that the mobility issues (and their extent) arose before they turned SPA.     

Thanks Alice. yes this is the risk. Person was awarded only 8 points so only just got the Daily living award and to be honest I thought they were lucky to get this based on very little medical evidence and the assessment. So there are no extra points if one or two were removed. There is little medical evidence to support a mobility award although there are inconsistencies in the report . Given what is at stake if daily living was taken away ( Pension credit, full rent and housing benefit paid etc ) I have tried to encourage person to accept current award especially as standard mobility the most likely outcome if it was awarded and to risk all the gains of having a daily living award for potentially £28 a week extra seems madness to me but obviously not my decision. Thanks for your help.

Robbie64

My instinct would be to not pursue a MR if 8 points were awarded for Daily Living. There's too much to lose.

If the person wishes to go ahead then I would suggest they make it clear that they agree with the all of the points awarded for Daily Living and that they are specifically asking for a MR for mobility. Some Case Managers might follow this and look only at the mobility aspect but there's nothing to stop the Case Manager from looking more closely at the Daily Living part of the award... the worst outcome would be to gain standard mobility but to lose standard daily living. The financial loss would be massive. It's only worth submitting a MR if the person is 100% sure that the Daily Living part of the award is safe and that there is a clear argument for a mobility component.

At the very least, obtain the PA4 first and see what the assessor wrote, assuming that an assessment took place. Or was it a paper assessment?

Rubyroobs

Robbie64 said:

My instinct would be to not pursue a MR if 8 points were awarded for Daily Living. There's too much to lose.

If the person wishes to go ahead then I would suggest they make it clear that they agree with the all of the points awarded for Daily Living and that they are specifically asking for a MR for mobility. Some Case Managers might follow this and look only at the mobility aspect but there's nothing to stop the Case Manager from looking more closely at the Daily Living part of the award... the worst outcome would be to gain standard mobility but to lose standard daily living. The financial loss would be massive. It's only worth submitting a MR if the person is 100% sure that the Daily Living part of the award is safe and that there is a clear argument for a mobility component.

At the very least, obtain the PA4 first and see what the assessor wrote, assuming that an assessment took place. Or was it a paper assessment?

Thanks Robbie. Yes these are my thoughts exactly. There was an assessment. Another thing to consider is that the daily living has been awarded for ten years !

Robbie64

Rubyroobs said:

Robbie64 said:

My instinct would be to not pursue a MR if 8 points were awarded for Daily Living. There's too much to lose.

If the person wishes to go ahead then I would suggest they make it clear that they agree with the all of the points awarded for Daily Living and that they are specifically asking for a MR for mobility. Some Case Managers might follow this and look only at the mobility aspect but there's nothing to stop the Case Manager from looking more closely at the Daily Living part of the award... the worst outcome would be to gain standard mobility but to lose standard daily living. The financial loss would be massive. It's only worth submitting a MR if the person is 100% sure that the Daily Living part of the award is safe and that there is a clear argument for a mobility component.

At the very least, obtain the PA4 first and see what the assessor wrote, assuming that an assessment took place. Or was it a paper assessment?

Thanks Robbie. Yes these are my thoughts exactly. There was an assessment. Another thing to consider is that the daily living has been awarded for ten years !

I meant to ask about the length of award. At 10 years, it would defintely make me think twice about submitting a MR. If MR went in favour of adding a mobility component, even if the Daily Living component remained in place, the length of the award might be changed to a shorter award. It's a massive and risky gamble.

HillStreetBlues

If I thought (after going though descriptions)  I should be getting Enhanced for both then I would appeal.
If it was just to get standard Mobility is no way I would be submitting an MR, the risk v reward is too great.

DJ_Kav

My mum used to be on Pension Credit (guarantee), and the PIP award was never counted towards income on the PC.
Has that changed now?

Robbie64

DJ_Kav said:

My mum used to be on Pension Credit (guarantee), and the PIP award was never counted towards income on the PC.
Has that changed now?

It's still not counted as income.

Rubyroobs

HillStreetBlues said:

If I thought (after going though descriptions)  I should be getting Enhanced for both then I would appeal.
If it was just to get standard Mobility is no way I would be submitting an MR, the risk v reward is too great.

There would be very little chance of enhanced being awarded. I'm very surprised a ten year award was given for someone who has not even seen a Consultant and whose main problem is potentially improved by surgery although I appreciate waiting lists can take some years.