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PIP - Appeal awarded me Daily Living/Enhanced Mobility 6 months ago, reassessment took it all away

Hi all,

I applied for PIP back in 2022 due to Dyspraxia. Sensory Processing Disorder, ADHD and severe anxiety and depression. I was awarded enhanced mobility due to not going out without my partner and the anxiety/depression - but I got nothing for my other conditions/daily living at all. I asked for a mandatory reconsideration, which of course failed as they usually do, and I then requested an appeal

It took nearly 3 years for the appeal to go to hearing - March 2025. I had a phone call hearing which ended up with me being awarded standard Daily Living, and I was given backdated pay too. However - 1 week before the hearing I was told my PIP claim was due to be reassessed, which happened in July 2025. My condition had not changed since March, and I communicated that in the assessment and made sure to go through all of my points in the same detail

I finally had my assessment result today - I have been awarded 0 points for everything except 2 points for mixing with others, so have lost my award completely. I’m just baffled how when the appeal ruled 3-4 months before that j was entitled to what I had. 

My situation hasn’t changed at all - I still work from home the vast majority of the time and on days I don’t my partner takes and pocks me up, and I don’t go anywhere on my own. I cannot cook safely due to my disabilities too. 

I’m going to request a mandatory reconsideration but I expect this to fail, and I plan to appeal it - but having waited 3 years for an appeal it feels draining to do it all again and disheartening. 

Is there any chance an MR could work? Would an appeal even work this time?

I’ve attached my prior award and the assessors reasoning on my lack of entitlement 

Thanks in advance!
«13

Comments

  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,614 Forumite
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    edited 18 October at 5:22PM
    ["You said … I decided … " now there's a linguistic construction to sum up the experience of being disabled in this society if ever there was one!  Infuriating.]

    There is always a chance an MR can work, but either way you have to do it before you can appeal anyway.  So it's worth doing it in depth to give yourself the best chance - and if it doesn't work, then you've already done the groundwork for an appeal with it.

    If others have conflicting advice I defer to those more experienced, but my thought would be for each activity to reference the tribubal outcome and then say 'nothing has changed since then, I still {have xyz difficulty} and therefore {descriptor} still applies.'

    The bit about 'you no longer meet the conditions for PIP and I would not have expected you to know' is baffling - surely you would at least know if your health changed?  The way it's written sounds like the eligibility for PIP changed but that hasn't happened (and it still wouldn't explain deciding different descriptors apply when those haven't changed either).


    I've not personally seen any paperwork from a tribunal outcome, do they give any reasoning for which descriptors they decide apply?  Because if so I'd cite some of the wording used where relevant in the MR.  But as I said I don't know whether that's possible or not.

    Edit: I'd also emphasise where relevant that dyspraxia, SPD and ADHD are lifelong conditions as well so they and the difficulties don't suddenly go away.  (I understand that coping strategies can help mitigate difficulties, but since you say nothing has changed, that doesn't appear to be relevant here.)
  • Muttleythefrog
    Muttleythefrog Posts: 20,558 Forumite
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    edited 18 October at 6:37PM
    There's a lot of history here in other threads too for background that I think I'd struggle to get through so thanks for giving an overview which is helpful to people. I've looked at a couple of my previous responses to see what may lie in background to explain events of recent but probably they don't.

    It's a decision that is explained to fair degree by the DM but of course underlying it the evidence may suggest they're wrong. I did have some technical queries that might help explain their reasoning but you've already answered them in effect by stating the details of current situation and yes I think the decision may be suspect.

    An MR can work... but more likely success at appeal which hopefully would not take as long as the last one! Try to remain consistent and focus on the descriptors you think apply to you in each relevant activity. It's important you do details circumstances of work well and perhaps use it for examples of the need for support in relation to Mob Activity 1. It's also important to detail how it is disabilities rather than choice (or opportunity) that determines what you can and cannot do (such as when planning and going on a journey).... I presume that's what you do... so for example... 'I work mainly from home and on days I do not I have my partner take me' would not imply there was disablement at all of any type and I doubt you'd say such in assessment or on form. So unless there are things to misinterpret it's hard to know why opinions given are as they are.

    It's hard to know the mind of the DM.. there is some unusual language in there and the odd point of reference. I'm noting the reference to 'medical evidence received'. You say your condition hasn't changed in 3-4 months but the appeal decision was against the MR decision long before that *they appeal tribunal sought to replace that decision of that time and the circumstances applying at that time) - has new medical information come to light on your submitted form or a 3rd party (such as GP factual report - not commonly requested). I'm conscious of the inclusion of 'do not need to' in reference to medication, therapy etc and don't know if that is standard... is it possible you have had medication or some treatment stopped since 2022?

    Generally speaking... obviously benchmarks can be high for disablement and it may be that with your background of cognitive function and a demanding job albeit mainly based at home there is scope there for some widespread extrapolations or assumptions that may or may not be valid leading to a complexity of opinion.

    If you haven't already.... get hold of a copy of that assessment report from DWP PIP. I presume at the moment it mirrors the decision but there is language in the decision that could shake that assumption IMO.

    ETA. Reading Spoonie's take on this. Obviously as usual I'll agree with his advice. I noted also the DM's 'you no longer meet the conditions for PIP and I would not have expected you to know' and thought about that for a while... it's not possible for us to know to what they refer but to me it suggested indeed that either they felt the law or interpretation of it has changed... or that there is evidence such as in medical records that has come to light. It's odd... because they consider you of pretty sound mind.. no cognitive impairment...  so why would you not know why you do not meet the conditions for PIP... it implies something you cannot see or understand... unless they're making a terrible attempt to try to soften the blow of telling you that you do not qualify or pointing a finger at previous awards they feel were unwarranted. I'd be inclined to see if they did acquire any further evidence... it could be referenced in the assessment report if such exists. But yes Spoonie makes important points I agree with.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • vitaminz
    vitaminz Posts: 68 Forumite
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    edited 18 October at 6:36PM
    Thanks both for your very helpful comments 😊 

    I haven’t stopped taking any medication (in fact - I only got diagnosed with ADHD and started medication last year, many years after my first PIP claim). 

    The one thing to mention is that prior to February 2022 I was working full time in an office as a software developer . My depression and anxiety worsened slowly in the months prior to that before I hit a breaking that month and took sick leave from work, which I kept having to extend until I actually quit.

    Since September 2024 I returned to my employer but working at home due to my issues. So while I am employed - my employer knows of my issues hence why I can work at home and also they are supportive of me not being able to interact much on video calls and such.

    When I was initially awarded the Mobility component in 2022, it was only for this. The reason for the appeal was that my other disabilities weren’t taken into account for the daily living component, which the appeal did then take into account. However the tribunal were aware of my employment situation in March this year, and understood how it didn’t make a difference to my difficulties.

    To be honest though pretty much all of the daily living components revolve around home life like eating/washing and such and those are the main areas I’ve lost points so I don’t see how working from home would be relevant?

    I need to dig through my paperwork but to be honest I don’t recall having much information on it other than the points for each descriptor. I guess there’s paperwork I could ask for?
  • Muttleythefrog
    Muttleythefrog Posts: 20,558 Forumite
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    edited 19 October at 10:03AM
    vitaminz said:

     However the tribunal were aware of my employment situation in March this year, and understood how it didn’t make a difference to my difficulties.

    To be honest though pretty much all of the daily living components revolve around home life like eating/washing and such and those are the main areas I’ve lost points so I don’t see how working from home would be relevant?

    I need to dig through my paperwork but to be honest I don’t recall having much information on it other than the points for each descriptor. I guess there’s paperwork I could ask for?
    Just quickly on the first point selected out... I may be stating the obvious.. but for clarity... your employment situation in March was irrelevant to the tribunal (or certainly should have been unless it was unchanged from the time they were looking at)... they were (should have been) looking at how your situation was at the date of the decision you appealed against which I understand was significantly earlier... years. Given the delay it does make me wonder though... do tribunals ask 'tell me how you take a shower'... or 'thinking back 2 years how did you typically shower'

    On the daily living activities... I suspect it comes down to low scoring potential across many DL activities? If so and you need support you may need to details that better.. giving examples.. to impress the help you need or get because you need it... or indeed why you cannot complete task reliably. I do think the nature of your job and your ability to perform it full time hours will work against you - it offers opportunity for a wide array of  assumptions/extrapolations to facilitate opinions on disability that may or may not reflect a reality. I don't know what your case made is for scoring points across many of the 'regular' DL activities but if for example (may be well wide of your argument so this is for illustrative purposes only) they involved motivation, reminding, concentration or cognitive functional failings and the need for support then that would seem inconsistent with the job unless you're requiring similar through the day for that (and if that was to be the case then how do you function at work when not home based). For Mobility 1 activity the higher scoring benchmarks typically require a pretty persuasive and well defined case... the fact your partner takes you to work when required is a sort of non fact in that it doesn't really reveal anything of importance... what would is examples of what happens when you try to plan and take a familiar journey... be that real or theoretical (such as if wife was not available to take you to work). I suspect someone assessing will see you as technically proficient sufficient to plan and so I think you'd have to be impressive in giving argument that the remainder of the task is not possible to reliably complete (in most instances).

    Do try to collate all your paperwork... because obviously appeal decision may be helpful to MR and any required appeal after. Get hold of assessment reports if not already obtained and in particular the one used for this decision.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,614 Forumite
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    I recall from older threads that dyspraxia was a major factor in difficulties of daily living.  That's important background to highlight before I go on.

    You mention having started taking medication for ADHD last year.  That is potentially a significant change if it's actually helping (and it's possible the assessor / DWP assume it's helping, whether it is or not) - so the assessment report could be key to understanding whether they've used that as justification for the new low scores.

    And the point Muttley makes about the tribunal being about circumstances at the date of the initial decision is important here.  Because a new diagnosis ideally should help identify new ways of coping, and new medication of course is intended to help too, so you will need to honestly and thoroughly think about the activities and which descriptors you think you should score now.  Your case will need to be in terms of 'although I'm taking medication for ADHD / have learned xyz strategies to help, I still have difficulties with … '.  You'll also need to explain whether the medication helps or not, in what ways exactly, and whether any coping strategies are reliable or not (because it's all very well knowing strategies, but if they don't reliably help then they're not much use and in terms of PIP they shouldn't be used a reason for scoring you lower).

    In terms of prognosis - length of award - if you are able to detail which difficulties are due to dyspraxia and SPD, and which are due to ADHD, you will then know which ones will definitely be lifelong and which ones might potentially improve over time, since the ADHD diagnosis and medication are still relatively new.  That way you'll be able to make a case for always meeting XYZ descriptors at a minimum, even if some of the difficulties from ADHD are alleviated at some point in the medium term.

    ^ Oh my goodness, that's all a bit disjointed, sorry.  I hope some semblance of sense can be salvaged from it.
  • vitaminz
    vitaminz Posts: 68 Forumite
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    Thanks both 😊 

    j do understand that the hearing as about my situation previously, although there a lot of questions about my ‘now’ situation and I presumed they had an impact but maybe not

    I was asked in both the tribunal and the reassessment about the effects of my mediation and it helps me focus a bit more when doing work but even after being upped to the highest dose it’s not hearing any other effects.
  • peteuk
    peteuk Posts: 2,066 Forumite
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    I would say the last paragraph is the important one - there is no evidence of overwhelming psychological distress (OPD) this is a high threshold to prove and will multiple input from consultant psychologists and treatments. It points to you working 37 hours, this is not you cant claim PIP because you work, it is you work 37 hours a week so therefore there is no issue with motivation, no cognitive issues, so if your motivated to work then you get dressed, wash etc for work, you don't need prompting to work so therefore don't need prompting to eat, wash, dress…. 

    Again it points to its easier to award zero because the evidence supports that.   

    This doesnt mean you don’t have the conditions and that you dont have difficulties due to them, just that they view you as not reaching or evidencing the threashold of PIP.  

    As many have said MR may not be successful and its back to the tribunal.  
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  • Bemmy2525
    Bemmy2525 Posts: 15 Forumite
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    Working can definitely conflict with the "overwhelming psychological distress" descriptor especially since if you can hold down a job you can dress, wash etc and is the reason I lost my award when I had a disability a few years ago.

    It is far easier to work with/be compatible with a physical disability than a mental health disorder due to the way the descriptors work for PIP.
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,614 Forumite
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    Bemmy2525 said:
    Working can definitely conflict with the "overwhelming psychological distress" descriptor especially since if you can hold down a job you can dress, wash etc and is the reason I lost my award when I had a disability a few years ago.

    It is far easier to work with/be compatible with a physical disability than a mental health disorder due to the way the descriptors work for PIP.
    OP works from home most of the time and does have a physical disability.  Besides, they live with a partner who may give them required help with daily living activities which may in turn enable them to hold down a job.

    Also an external structure imposed by working can be a support for difficulties from certain executive functioning difficulties.  (Similar to how someone with depression may be able to feed a pet and keep it clean much more consistently than they can care for themselves.)
  • ayupmeduck
    ayupmeduck Posts: 246 Forumite
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    Your ADHD has probably been discounted due to you getting an assessment as an adult and working full time. How long have you been doing this job. any adaptions, who do you engage with etc How often do you go into the office? Do you have panic attacks on leaving the house etc Working full time would indicate no motivational issues unless loads of sickness due to MH. Any MH changes, specialists input etc?
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