PIP 2016 Law Change

rarasarr23

peteuk said:

rarasarr23 said:

Yes, I know. I can’t recall how the points were awarded back then, but I’ve been given higher points from 2022 since for these specific descriptors, due to my autism report. Clearly, I’ve been autistic all my life, so there should be a strong chance higher points should be awarded on those previous claims, plenty of other evidence was also submitted.

 My point is if they add 1 point to an 8 point award, it will not change the outcome of the assessment.  

You will need to know which change applies to your assessment  and then how, if it does.  T-hen look at the descriptor applied to your previous assessment.  It is not a case of Im Autistic., been Austic all my life so therefore it needs to be changed. 

You should be able to request your previous assessments, Or at least your last report as the 2022 report will note the previous descroptor applied to the action in 2017. 

As I don’t know how the points were awarded back then, I’ve requested the decision letters via a SAR, so when I know if I think there is a chance additional points will increase me to Enhanced I will write to the DWP.

I genuinely don’t know if I was given points for the SS descriptor or not… even though SS has always been needed by me. Yes, I was diagnosed autistic in 2022 but this was clearly a lifelong missed diagnosis, in the 2016 - 2017 I was frequently under MH Services with an incorrect diagnosis!

The only reason I didn’t get PIP at Tribunal when switching from DLA to PIP in 2016 was because I recorded the assessment and tried to use it, the DWP sent a representative to my tribunal to ensure the evidence was not used! The assessor completely lied in their report and my covert  recording proved that!

peteuk

rarasarr23 said:

As I don’t know how the points were awarded back then, I’ve requested the decision letters via a SAR, so when I know if I think there is a chance additional points will increase me to Enhanced I will write to the DWP.

I genuinely don’t know if I was given points for the SS descriptor or not… even though SS has always been needed by me. Yes, I was diagnosed autistic in 2022 but this was clearly a lifelong missed diagnosis, in the 2016 - 2017 I was frequently under MH Services with an incorrect diagnosis!

The only reason I didn’t get PIP at Tribunal when switching from DLA to PIP in 2016 was because I recorded the assessment and tried to use it, the DWP sent a representative to my tribunal to ensure the evidence was not used! The assessor completely lied in their report and my covert  recording proved that!

You dont need an SAR for your PIP assessment, as noted previously your last PIP assessment will note the result of your previous PIP assessment.  So in 2022 when you were assessed and awarded the higher award, each section of that report will note the previous 2017 descriptor and/or points awarded for that activity. 

Your 2017 assessment will be the starting point for your next assessment. For Example in mobility, it will read something like this. 

Previous Assessment 2017 noted able to mobilise 200 meters with the use of aids.   Has since had corrective surgery to both ankles and is able to fully mobilise unaided.  Discharged from Orthopeadics Jun 2024, no analgesia prescribed.   

rarasarr23

peteuk said:

rarasarr23 said:

As I don’t know how the points were awarded back then, I’ve requested the decision letters via a SAR, so when I know if I think there is a chance additional points will increase me to Enhanced I will write to the DWP.

I genuinely don’t know if I was given points for the SS descriptor or not… even though SS has always been needed by me. Yes, I was diagnosed autistic in 2022 but this was clearly a lifelong missed diagnosis, in the 2016 - 2017 I was frequently under MH Services with an incorrect diagnosis!

The only reason I didn’t get PIP at Tribunal when switching from DLA to PIP in 2016 was because I recorded the assessment and tried to use it, the DWP sent a representative to my tribunal to ensure the evidence was not used! The assessor completely lied in their report and my covert  recording proved that!

You dont need an SAR for your PIP assessment, as noted previously your last PIP assessment will note the result of your previous PIP assessment.  So in 2022 when you were assessed and awarded the higher award, each section of that report will note the previous 2017 descriptor and/or points awarded for that activity. 

Your 2017 assessment will be the starting point for your next assessment. For Example in mobility, it will read something like this. 

Previous Assessment 2017 noted able to mobilise 200 meters with the use of aids.   Has since had corrective surgery to both ankles and is able to fully mobilise unaided.  Discharged from Orthopeadics Jun 2024, no analgesia prescribed.   

I did a SAR, because I don't have the letters from the original decisions! Sadly, I am not psychic!

rarasarr23

peteuk said:

rarasarr23 said:

As I don’t know how the points were awarded back then, I’ve requested the decision letters via a SAR, so when I know if I think there is a chance additional points will increase me to Enhanced I will write to the DWP.

I genuinely don’t know if I was given points for the SS descriptor or not… even though SS has always been needed by me. Yes, I was diagnosed autistic in 2022 but this was clearly a lifelong missed diagnosis, in the 2016 - 2017 I was frequently under MH Services with an incorrect diagnosis!

The only reason I didn’t get PIP at Tribunal when switching from DLA to PIP in 2016 was because I recorded the assessment and tried to use it, the DWP sent a representative to my tribunal to ensure the evidence was not used! The assessor completely lied in their report and my covert  recording proved that!

You dont need an SAR for your PIP assessment, as noted previously your last PIP assessment will note the result of your previous PIP assessment.  So in 2022 when you were assessed and awarded the higher award, each section of that report will note the previous 2017 descriptor and/or points awarded for that activity. 

Your 2017 assessment will be the starting point for your next assessment. For Example in mobility, it will read something like this. 

Previous Assessment 2017 noted able to mobilise 200 meters with the use of aids.   Has since had corrective surgery to both ankles and is able to fully mobilise unaided.  Discharged from Orthopeadics Jun 2024, no analgesia prescribed.   

I see where you are coming from but that information I don't have, as my assessments reports have never included previous points from past assessments. My assessments, actually make little sense, most of what's on them is copied and pasted repeatedly. 

I got the SAR, all 434 pages of information THAT I didn't need... I asked for copies of letters only, and they sent a pile of absolute rubbish I didn't need.

Even if I did get the extra points for Activity 9 (2 points) it would not change the decision from standard, but then had they awarded me the correct points for Activity 5 (2 points) back then it would have taken it to enhanced.

I was not given the 2 points for needing a toilet aid back in 2017, despite mentioning it, but points where given in 2022, there is reference to my assessment of mentioning I used one, but the assessor did not award points, however, the DWP did.

poppy12345

peteuk said:

rarasarr23 said:

As I don’t know how the points were awarded back then, I’ve requested the decision letters via a SAR, so when I know if I think there is a chance additional points will increase me to Enhanced I will write to the DWP.

I genuinely don’t know if I was given points for the SS descriptor or not… even though SS has always been needed by me. Yes, I was diagnosed autistic in 2022 but this was clearly a lifelong missed diagnosis, in the 2016 - 2017 I was frequently under MH Services with an incorrect diagnosis!

The only reason I didn’t get PIP at Tribunal when switching from DLA to PIP in 2016 was because I recorded the assessment and tried to use it, the DWP sent a representative to my tribunal to ensure the evidence was not used! The assessor completely lied in their report and my covert  recording proved that!

You dont need an SAR for your PIP assessment, as noted previously your last PIP assessment will note the result of your previous PIP assessment.  So in 2022 when you were assessed and awarded the higher award, each section of that report will note the previous 2017 descriptor and/or points awarded for that activity. 

Your 2017 assessment will be the starting point for your next assessment. For Example in mobility, it will read something like this. 

Previous Assessment 2017 noted able to mobilise 200 meters with the use of aids.   Has since had corrective surgery to both ankles and is able to fully mobilise unaided.  Discharged from Orthopeadics Jun 2024, no analgesia prescribed.   

My last assessment report was in 2016, my 2 reviews since then have had a decision made without sending everything across to the assessment providers, so there were no reports for either review. The report back in 2016 didn't include any information from my first report in 2013. 

rarasarr23

Thinking on this, if I did appeal back in 2018, for the missing 2 points for toilet needs, it would not have changed the original decision, from standard rate daily living, if I had, then the PIP Law change now and extra 2 points would then mean the enhanced rate of daily living.

I have decided to do an MR, on the original decision in 2018, for both activity 5 and 9, and will cite there was little point in appealing back in 2017 regarding activity 5, due to the extra 2 points not changing the original decision.

poppy12345

rarasarr23 said:

Thinking on this, if I did appeal back in 2018, for the missing 2 points for toilet needs, it would not have changed the original decision, from standard rate daily living, if I had, then the PIP Law change now and extra 2 points would then mean the enhanced rate of daily living.

I have decided to do an MR, on the original decision in 2018, for both activity 5 and 9, and will cite there was little point in appealing back in 2017 regarding activity 5, due to the extra 2 points not changing the original decision.

Activity 5 is not included in the law changes so they won't look at that again. It's only activity 9 and following and planning a journey for mobility part that are included. 

rarasarr23

poppy12345 said:

rarasarr23 said:

Thinking on this, if I did appeal back in 2018, for the missing 2 points for toilet needs, it would not have changed the original decision, from standard rate daily living, if I had, then the PIP Law change now and extra 2 points would then mean the enhanced rate of daily living.

I have decided to do an MR, on the original decision in 2018, for both activity 5 and 9, and will cite there was little point in appealing back in 2017 regarding activity 5, due to the extra 2 points not changing the original decision.

Activity 5 is not included in the law changes so they won't look at that again. It's only activity 9 and following and planning a journey for mobility part that are included. 

Yes, I know. But there was no reason to query no points on Activity 5 in 2018 because it would have made no difference to the original rate paid for DL Standard as I would have only gone from 9 points to 11, had I appealed, then 11 points now plus 2 from the law change would mean the enhanced rate of DL. I could not predict a future law change, which would affect me.

I am certainly going to try, I have nothing to lose, and I expect a no at MR, but I will challenge it via tribunal if I need to.