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I think you've received some good advice above except obviously from the resident cigar smoker... the allegations silly and the advice plain wrong (so I have taken the rare step of reporting a post)... for starters in order for someone to be considered able to perform a task they must be able to do so safely, reliably, repeatedly and in a reasonable time period. I too was pretty angered by the falsities in award and did go for reconsideration that put at risk a good award. I'd have taken it further had domestic circumstances been different. But let's see. I presume the face to face medical report will almost certainly mirror the decision details and its flaws. Ask DWP for copy of the evidence they used including that assessment report (the PA4 consultation report) if not already done so. If it backs the points awarded then I would say the risks associated with asking for a Mandatory Reconsideration will be low as you'd probably have to argue pretty tragically to get them to lower an award beyond their primary evidence recommendations. I would make a sound argument in each of the activities where it is felt a (higher) scoring descriptor is relevant. Any supporting evidence could be very helpful. There is risk... and if a reconsideration decision re-affirms the original one then appeal could be less predictable in outcome. But for small advancement of points significant benefit could be achieved.. that would be pressing in my mind particularly given there seems obvious avenues to pursue for those extra points. I get the distinct impression you are of similar mind."Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack0
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And it would also help an appeal if the PIP form detailed the difficulties your son had the with activities / descriptors mentioned in the OP.
Very unlikely that the DWP would increase the award at MR. Your son would need to appeal to the Tribunal ServiceAlice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Ignore the troll Saville.0
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CTcelt1988 wrote: »Ignore the troll Saville.
As you can tell by his username it has disturbing tastes.0 -
Alice_Holt wrote: »And it would also help an appeal if the PIP form detailed the difficulties your son had the with activities / descriptors mentioned in the OP.
Very unlikely that the DWP would increase the award at MR. Your son would need to appeal to the Tribunal Service
I remember with his ESA they called up and asked few questions again to get extra points. Is it not a case of calling PIP up and telling them the assessor and case manager have got a few pointers wrong meaning missed out on points? He's upset about it but if it's a long process just to get a few extra points we're not sure we can manage more stress. It's £200 extra a month on higher so it's a lot.0 -
Alice_Holt wrote: »If your son lives alone and receives income-based ESA he may be eligible for disability premium(s) which will increase his current ESA award.
From your OP it could be that:
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an additional point for managing medications
3b. Needs any one or more of the following –
(i) to use an aid or appliance to be able to manage medication;
(ii) supervision, prompting or assistance to be able to manage medication.
(iii) supervision, prompting or assistance to be able to monitor a health condition. 1 point.
two additional points for managing budgeting decisions
10b. Needs prompting or assistance to be able to make complex budgeting decisions. 2 points.
two additional points for social engagement
9b. Needs prompting to be able to engage with other people. 2 points.
For mobility:
four additional points for
1b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. 4 points.
Could you get persuasive evidence to argue this case at tribunal?
Would your son's GP / CPN provide written supporting evidence around this additional descriptors?
Would you son be able to cope with an appeal?
Could you get help from a CAB caseworker with any appeal?
His existing award will continue to be paid if he does decide to appeal.
On MR / appeal the whole of the award will be looked at again (so it could stay the same / go up / go down).
How would I go about arguing the extra 4 points for "1b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. 4 points"?0 -
There's some useful stuff here
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-pip-claim/fill-in-form/13-going-out/
While it's about the initial form completion it gives detail on the thinking behind it. May help with the MR
Otherwise, Alice has given you a lot of information which should be extremely helpful with the MR
Best of luck0 -
I've just read the opening letter again and at the top, it states "Your mandatory reconsideration notice".
We have not appealed. All we did was apply, send in forms, have assessor over, then awarded.
Only reason I can think is they originally lost the forms meaning it went over the deadline. Had to send again so perhaps that's the reasoning behind it.
Does this mean now I will have to take it direct to tribunal as they have annoyingly sent out a MRN without us actually appealing?0 -
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I've just read the opening letter again and at the top, it states "Your mandatory reconsideration notice".
We have not appealed. All we did was apply, send in forms, have assessor over, then awarded.
Only reason I can think is they originally lost the forms meaning it went over the deadline. Had to send again so perhaps that's the reasoning behind it.
Does this mean now I will have to take it direct to tribunal as they have annoyingly sent out a MRN without us actually appealing?
A letter headed that usually means that a Mandatory Reconsideration has been requested and that is the DWP response
Have you contacted them at all since you received the decision notice?
What does the rest of the letter say?0
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