should I challenge PIP decision

hotchocolate1982

My daughter has just got pip for the first time. Maximum care and mobility but it’s been awarded for 18 months. 

Should we appeal the length? 

Is there a risk that the award could be reduced? 

Muttleythefrog

Ah.. so you would only want to challenge the length of award. There is a small risk they could look at the whole award and change their minds... but in the circumstances that seems extremely unlikely given that if you request a Mandatory Reconsideration (which you would need to do before asking for independent appeal at a tribunal if necessary thereafter) you can state that you agree with all of the descriptors chosen for the activities (or if you do not you could say you agree with the award level).

Challenging the length of award seems much less common than the actual level of award so there seems to be much less advice and information out there.

I did challenge not so long ago my own award length and managed a little surprisingly to win with a MR. I created a thread about it where in the post I link you'll find the argument I made for a longer award that was successful - the second half of that post is pertinent. Every case is different and so this may just give you an idea of the sorts of things you could think about to justify a longer award. First make sure you get hold of the assessment report or equivalent advice the DWP got from their disability assessment company (sometimes no such advice/assessment is sought but it's rarely not) - call the DWP PIP number to request such (it may take half an hour or so to speak to someone so prepare to wait!). That report or advice may explain the short period of award before review which could shed light on what argument you could make.

https://forums.moneysavingexpert.com/discussion/comment/80639476/#Comment_80639476

Given the very low risks on the face of it here and the quite low length of award... provided a decent argument can be made that it is unreasonably short then I'd be inclined to at least pursue a MR and if necessary possibly an appeal.

If ultimately you do take this forward... any feedback on what happens might be helpful to users.

hotchocolate1982

Muttleythefrog said:

Ah.. so you would only want to challenge the length of award. There is a small risk they could look at the whole award and change their minds... but in the circumstances that seems extremely unlikely given that if you request a Mandatory Reconsideration (which you would need to do before asking for independent appeal at a tribunal if necessary thereafter) you can state that you agree with all of the descriptors chosen for the activities (or if you do not you could say you agree with the award level).

Challenging the length of award seems much less common than the actual level of award so there seems to be much less advice and information out there.

I did challenge not so long ago my own award length and managed a little surprisingly to win with a MR. I created a thread about it where in the post I link you'll find the argument I made for a longer award that was successful - the second half of that post is pertinent. Every case is different and so this may just give you an idea of the sorts of things you could think about to justify a longer award. First make sure you get hold of the assessment report or equivalent advice the DWP got from their disability assessment company (sometimes no such advice/assessment is sought but it's rarely not) - call the DWP PIP number to request such (it may take half an hour or so to speak to someone so prepare to wait!). That report or advice may explain the short period of award before review which could shed light on what argument you could make.

https://forums.moneysavingexpert.com/discussion/comment/80639476/#Comment_80639476

Given the very low risks on the face of it here and the quite low length of award... provided a decent argument can be made that it is unreasonably short then I'd be inclined to at least pursue a MR and if necessary possibly an appeal.

If ultimately you do take this forward... any feedback on what happens might be helpful to users.

Thank you so much this is very helpful. 

Albermarle

It could be as it is the initial award they do it for a mandatory period ( 18 months in this case) and then next time maybe extend the period, if nothing has changed,

Muttleythefrog

Albermarle said:

It could be as it is the initial award they do it for a mandatory period ( 18 months in this case) and then next time maybe extend the period, if nothing has changed,

The award length is case specific for new and existing claimants... usually based on advice from the assessment company's disability assessor and then usually with 12 months added as the year during which to review (re-assess) entitlement. 18 months is very short, although possible, for a maximum award and would usually imply they assessor or ultimately DWP Decision Maker (they tend to heavily rely on the independent advice they commission - so much so they'll even replicate errors or nonsense in such) feels there is a significant possibility of changed disablement in the short term (such as due to some surgery.. or new treatment... natural recovery...or highly variable condition etc). It's very probable that assuming there is advice from an assessor or was an assessment by such that they will have indicated justification albeit very limited for a recommendation on when to review the level of disablements. That justification may be flawed so definitely worth getting hold of copy of that report/advice ASAP. In my own case in last review the DM made their award length based on nothing more than a view that 'your needs may change' which could apply to anyone, seemed a cop-out, and I successfully challenged it.

Spoonie_Turtle

Albermarle said:

It could be as it is the initial award they do it for a mandatory period ( 18 months in this case) and then next time maybe extend the period, if nothing has changed,

No, mine was 3 years (so the award was 4 years as they add a year buffer on for renewal).

hotchocolate1982

I had a discussion with them and they said it’s because she’s young and it’s the first time she’s applied.

Albermarle

hotchocolate1982 said:

I had a discussion with them and they said it’s because she’s young and it’s the first time she’s applied.

The main thing is that she has got the award. Next time they will hopefully do it for a longer period/indefinitely.

Muttleythefrog

hotchocolate1982 said:

I had a discussion with them and they said it’s because she’s young and it’s the first time she’s applied.

That definitely sounds challengeable to me (was it a decision maker or just some agent making things up which it sounds like)... frankly it's a cop out like in my case.. just meaningless... have you asked for a copy of the advice the DWP received.. I assume they asked for such or carried out an assessment.. so unless they did not there should be a report that I'd definitely want my hands on period?

Ultimately though there's no medical or disability details here sufficient for us to advise... you will be far better placed to understand the prognosis of daughter... and it may be that her condition might improve in the coming months.

Muttleythefrog

Albermarle said:

hotchocolate1982 said:

I had a discussion with them and they said it’s because she’s young and it’s the first time she’s applied.

The main thing is that she has got the award. Next time they will hopefully do it for a longer period/indefinitely.

The stress that can be gone through in a prolonged reassessment (could take over a year.. and they will get the review forms within a year from now.. probably around 9 months given recent reports) is something I'd be keen to avoid if there was a very low risk fairly simple possibility (MRs are typically not that demanding to make) to get the award extended. But like I say.. it comes down to the individual circumstances... for all I know the claimant here has treatments in the pipeline that change disability etc.. a 6 month recommendation for review (which is likely in any advice given/report in this case which is why I suggest they get it in front of them to see) I imagine is not particularly common for those getting an immediate maximum award suggesting severe disablements.

hotchocolate1982

Thank you. I requested a written breakdown and I will challenge. I can’t see anything changing long term.