Can I lose my ADP (or lower the length of award) by asking for a MR?

thebailey

Many years I was on DLA then PIP and now it's ADP (I'm in Scotland). And over the years, every time I have had to go to tribunal.

A while back, my PIP changed to ADP. Then in December or Janurary of this year, I was told my award was away to run out and I was sent forms to fill in by the end of Feburary. CA helped me.

Last week, I finally received a letter saying I was successful with 10 points for Daily Living Component (meaning I did not need to do a MR or go to tribunal). I was also giving it for 6 years (runs out in 2030).

However, my health situation has changed a bit and I think there's another 2 points I perhaps should have gotten for Daily Living Component. This would also increase my rate to the higher rate (you need 12 points).

Went to CA yesterday, with what I received, to enquire about appealing this. They asked me to sign my signature and that they would get it all sent off for me to appeal "MR" to see if I can get that 2 points and put me on higher rate.

BUT after coming home yesterday, I've been reading up online and now I am worried sick. It says that a person can have points taken away, lose their award or lower the length of the award, if they ask for a MR.

Does this happen very often that a person loses their award or even have their award time length reduced by asking for a MR when they already have their DLA/PIP/ADP? I'm thinking of phoning the CA to ask them to cancel the MR as I don't want to risk losing my ADP or even reducing the time length. 

Would I be right in saying that with MRs, it's basically starting from scratch with another person looking at your claim all over again? If so, I guess it could mean someone gives me 6 or 7 points instead meaning I'll lose the award.

Thank you for any advice.

marcia_

thebailey said:

Many years I was on DLA then PIP and now it's ADP (I'm in Scotland). And over the years, every time I have had to go to tribunal.

A while back, my PIP changed to ADP. Then in December or Janurary of this year, I was told my award was away to run out and I was sent forms to fill in by the end of Feburary. CA helped me.

Last week, I finally received a letter saying I was successful with 10 points for Daily Living Component (meaning I did not need to do a MR or go to tribunal). I was also giving it for 6 years (runs out in 2030).

However, my health situation has changed a bit and I think there's another 2 points I perhaps should have gotten for Daily Living Component. This would also increase my rate to the higher rate (you need 12 points).

Went to CA yesterday, with what I received, to enquire about appealing this. They asked me to sign my signature and that they would get it all sent off for me to appeal "MR" to see if I can get that 2 points and put me on higher rate.

BUT after coming home yesterday, I've been reading up online and now I am worried sick. It says that a person can have points taken away, lose their award or lower the length of the award, if they ask for a MR.

Does this happen very often that a person loses their award or even have their award time length reduced by asking for a MR when they already have their DLA/PIP/ADP? I'm thinking of phoning the CA to ask them to cancel the MR as I don't want to risk losing my ADP or even reducing the time length. 

Would I be right in saying that with MRs, it's basically starting from scratch with another person looking at your claim all over again? If so, I guess it could mean someone gives me 6 or 7 points instead meaning I'll lose the award.

Thank you for any advice.

 That is right, they don't just assess the points you feel were missed but assess the whole award. 

They can score differently than the previous assessor. I am unsure how often that happens though. 

HillStreetBlues

There's not that much info about ADP as it's still fairly new.
There is a thread on here about PIP, someone lost points after an MR, so appealed and they were contacted by the DWP giving the points back they lost at MR. before it went to a Tribunal. I can't remember if that person carried on their appeal to get a higher award.

thebailey

Thanks for help.

Yes, I'm not quite sure if ADP is 100% done the exat way DLA and PIP was.

However, "HillStreetBlues" you mention somebody lost points for doing a MR when they tried to get a higher rate. 

To me, it just sounds like a big risk.

HillStreetBlues

thebailey said:

Thanks for help.

Yes, I'm not quite sure if ADP is 100% done the exat way DLA and PIP was.

However, "HillStreetBlues" you mention somebody lost points for doing a MR when they tried to get a higher rate. 

To me, it just sounds like a big risk.

My thoughts for that they are worth.
It look like you been on the same award for a while,  it looks like they took that into account when awarding 6 years that your award is stable.
If getting points that lead to a high award then it's possible  they would want to reassess you earlier, to see it you were still stable at that level of award.

I got a 10 year award for PIP, my condition has got worse and I believe I should now get a higher award, but I'm not doing anything about it as losing the length of the award isn't a risk I want to take. It's all down to a personal choice.
Just to add I'm on enhanced Mobility, so the risk is greater, if I was just on standard care without mobility then i might risk it.

Spoonie_Turtle

thebailey said:

BUT after coming home yesterday, I've been reading up online and now I am worried sick. It says that a person can have points taken away, lose their award or lower the length of the award, if they ask for a MR.

Does this happen very often that a person loses their award or even have their award time length reduced by asking for a MR when they already have their DLA/PIP/ADP? I'm thinking of phoning the CA to ask them to cancel the MR as I don't want to risk losing my ADP or even reducing the time length. 

Would I be right in saying that with MRs, it's basically starting from scratch with another person looking at your claim all over again? If so, I guess it could mean someone gives me 6 or 7 points instead meaning I'll lose the award.

Thank you for any advice.

It is technically a possible outcome, but with PIP that's rare.  Very rare.  Only a minority of MRs for PIP result in any change, and those changes are usually an ideas award.  But the most likely outcome of MR for PIP is that they stay the same, and most people tend to get the impression they didn't even look at the case, just summarily signed it off as 'the initial decision is correct'.

I don't know that we have enough reports yet to know about how it tends to go with ADP?  But the CAB would have discouraged you if they thought going for the extra two points wasn't worth the risk; they also would have warned you about the risk if losing points were a reasonably likely outcome.

lookbook

Maybe quit while you're ahead? 10 points is still a good award.

HillStreetBlues

Spoonie_Turtle said:

 But the CAB would have discouraged you if they thought going for the extra two points wasn't worth the risk; they also would have warned you about the risk if losing points were a reasonably likely outcome.

It would depend on what the advisor did. Did they just look at the two point and tried to gain them.?
Or look at it fully where already points awarded might be borderline so might be lost, discuss  with the OP that a higher award might mean a shorter one?