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Re: recent PIP award

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1 month 2 weeks ago #295245 by Dusty
Re: recent PIP award was created by Dusty
Hi, I'm new here and just wanted to ask for some help please. I applied for PIP over the phone on 17th June and completed the forms online. I had my medical assessment over the phone on the 19th September. The assessor was kind and helpful to me and I have been awarded the enhanced rate of care for 10 years. (I'm 64). I was awarded 12 points, but did think I'd score more, however, I'm obviously very happy with this award. I wasn't awarded any points for for the mobility part, planning and following a journey and thought I'd be awarded at least 10. I was awarded 4 for moving around. I have widespread arthritis, diverticular disease, bladder problems, severe hypertension and depression and anxiety. I haven't worked since January owing to ill health. I sent in an occupational health assessment from May 24 with my evidence which clearly stated I have moderate depression and severe anxiety.

The case manager in outlining his decision said that he has considered all the information and evidence and decided he wouldn't award anything for mobility as I am not taking any anxiety medication (he is aware that I take 150mg of sertraline daily). He knows I am due to start counselling next week, but said I am not seeing a psychiatrist or psychologist. He also said I engaged well with the assessor. Therefore he decided that I could plan and follow a journey without any problems.

I very rarely go out except to appointments. I can occasionally go to the local GP myself but not any further, there is no way that I can follow an unfamiliar journey without my husband, as my anxiety is just too high. I also get panic attacks on a regular basis. (Sorry this is so long). My main worry is the concern I have around the DWP potentially withdrawing the enhanced amount of care, lowering it or reducing the 10 year awarded now. Is anybody able to tell me how likely this might be please if I do ask for a mandatory assessment. I've requested the assessors report). Thank you

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1 month 2 weeks ago #295248 by BIS
Replied by BIS on topic Re: recent PIP award
Hi Dusty

Welcome to the forum. If you need help in finding information on the site you can find it here: benefitsandwork.co.uk/guides-for-claimants/faq


I'm glad to hear that you have requested a copy of the assessment report. This will give you more idea of what the assessor said about your mobility. Only you can decide whether or not to challenge the decision and put in for a Mandatory Reconsideration, but one thing you should be aware of - is once you hit State Pension Age - if you do not have a mobility award in place - you will not be awarded it, even if your mobility has deteriorated. There is no exception to this. So, if you are going to challenge it -you have two possible options. One option, is to put in for a Mandatory Reconsideration now, and even an Appeal if they turn down the MR. The second option is to see if your mobility worsens in the next three years and put in for a 'change of circumstances' which will force them into reviewing you.

So what are your chances and the risks?

Only 30% of Mandatory Reconsiderations are successful. However, I have only ever heard of a couple of people having their awards downgraded when they put in for an MR. Most people find that their award is unchanged. If you decided to go on and put in for an Appeal your chances of winning are better - about 68% of claimants win their appeal.

It is unlikely that they will shorten your award length if you put in for an MR - but I am unable to say that it can't happen. I would advise you to have a good look at the PA4 (assessor's report) and challenge them on your planning highlighting your mental health. You didn't say anything about arthritis currently affecting your mobility.

If you put in for the MR - tell them that you are only challenging the mobility part of the award and you are "satisfied" with the care award. Be aware they could still look at the whole award.

If you leave it and put in for a change of circumstances later - you will have to go through the whole review process. You were lucky and had a good experience this time, and I would hope that would happen again - but no one can guarantee it and there are plenty of horror stories around.

Have a look at our "Guide to PIP Appeals" which has the information for Mandatory Reconsideration in it and you might what to look at the "Best possible ways to challenge a PIP medical report" Follow the link for both guides - scroll down the page. benefitsandwork.co.uk/guides-for-claimants/pip

Hope this helps. You have one month from the date on your decision letter to put in for your MR.

If you have any further questions - come back and ask and we will try and help

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 month 2 weeks ago #295250 by denby
Replied by denby on topic Re: recent PIP award
Hi Dusty and welcome to the wonderful B&W community.
Personally, having put in my PIP application so close to pension age of 66 last year that the assessment and what followed were all after I'd turned 66, I'd say they are trying it on.
In my case I need mobility due to a physical problem, but they did the same to me, 4 points. So, MR, no change, I appealed as I'd fully expected to. The MR paperwork I did was virtually all I needed for the appeal. Next, an out-of-the-blue phonecall from a pleasant-sounding lady appeal clerk. She tried to cut a deal with me for a compromise award. I held my ground, and in 48 hours had a text from the court service. DWP had caved and given me Enhanced on both, indefinite. IMHO as they say, they are trying it on with people who won't get a second chance on mobility due to age.

Good wishes, let us know how you go on.
Denby
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