DLA to PIP Mandatory Reconsideration

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  • Alice_Holt
    Alice_Holt Posts: 5,946 Forumite
    First Anniversary Name Dropper First Post
    edited 7 August 2018 at 10:21PM
    poppy12345 wrote: »
    I'm not sure who told you this but with the MR they look at the whole award again and not just part of it. Although most MR decisions remain the same, of course.

    Just to reinforce the advice that poppy and Ames have given you.

    This is from the Citizens Advice public site:
    "Tribunals can look at your whole award again. So you should consider whether you risk losing your current award - for example, if you've got evidence to support a daily living component but might lose your mobility award because you can now move better. If you're not sure, you should get advice from your nearest Citizens Advice."
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

    This is from Turn2us:
    "Beware that if you challenge a decision, it can be changed to make your PIP award lower or shorter. If you!!!8217;re not sure whether you should challenge a decision, you can:
    Read about checking the decision on our Check PIP decision page
    Find a local adviser to help you using our Find an advisor tool"
    https://www.turn2us.org.uk/Benefit-guides/Challenging-a-Personal-Independence-Payment-decisi/Ask-for-Mandatory-Reconsideration#guide-content

    Moving from a low care DLA award to an enhanced PIP Daily Living award is quite uncommon.

    Whereas moving from a high rate Mobility DLA award to a standard PIP mobility award is very common.
    This is because when PIP was introduced, the government changed the criteria to make it harder for claimants to retain a high / enhanced mobility award, by reducing the qualifying walking distance from 50m (DLA) to 20m (PIP).
    https://www.independent.co.uk/news/uk/home-news/disability-benefits-motabililty-rule-change-disabled-people-vehicles-dwp-a7191636.html

    You have not given much information that would enable us to sensibly comment on your course of action. Are your disabilities physical, or a combination of physical and mental health?

    I would strongly suggest you get advice, before proceeding further.
    You need to be very clear on the PIP points system:
    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
    You need to know the descriptors for which you have been awarded points, and you need to be very clear on where (and why) you would score the additional points to get an enhanced Mobility award.

    From your posts it appears you have requested the MR by phone.

    This is what I suggest you do;
    A) Ring the DWP, say you intend to submit written MR evidence, and ask them to delay the MR decision until you have looked at your report and submitted further evidence based on that report;
    B) Ring the assessing company and get a copy of their report (PA4);
    C) Understand how the PIP points system works (see link above and https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/725533/pip-assessment-guide-part-2-assessment-criteria.pdf );
    D) Understand why and how you meet the Enhanced Mob criteria;
    E) Get evidence (from your Rheumatologist or another HCP) that you meet this criteria;
    F) Explain clearly and concisely in writing WHY you meet both the Enhanced DL and Mob award criteria - in terms of your condition and the PIP points system (remembering reliability and over the majority of the time);
    G) Do not fixate on mistakes in the report, or criticism of the assessor;
    H) Get this written statement checked / proofread before you send it to the DWP.

    You need to approach this process calmly, rationally, and detach yourself from your emotions. I fear that if you let upset govern your actions, and don't take sensible advice, you may lose what you currently have.
    https://www.disabilityrightsuk.org/how-ask-mandatory-reconsideration
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • poppy12345
    poppy12345 Posts: 17,932 Forumite
    First Anniversary First Post Name Dropper
    Alice_Holt wrote: »
    B) Ring the assessing company and get a copy of their report (PA4);
    Great Advice Alice, as always but this i not correct. For a copy of the assessment report (PA4) it's the DWP you ring.
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