I just got my PIP decision back… and they awarded me zero points in all sections despite everything I told them. Before I applied, I looked at the descriptors and points myself and calculated what i thought. I thought it was possible I may not get it, depending on how they assessed me (and I was prepared for that) but that i probably would. But I super did not expect zero points!!
In the notes I got back, it says, ‘your MS does not affect you the majority of the time so cant be taken into consideration at this time’. So I suppose thats why I got zero points. If you dont consider my MS, then Im able bodied, arent I! I suppose thats pretty funny in a way… surprise, youre able bodied! The problem is that it is not true. At all.
That is not the only completely wrong thing in their notes but its certainly the most heinous. I must have had some serious miscommunication with that woman in the face to face, she just didnt get it, or one of them lied.
My question is… Im guessing the problem happened in my face to face. Being generous, Im going to assume the main assessor at te dwp didnt just lie. So if I get a mandatory reconsideration wont they just be going on the same stuff she wrote? So itll be on the same bad information. So no point? Should I tell them I need a new face to face so I can try to explain again?Or will that just make it all take longer? Or should I just let them take the six weeks to do the mandatory reconsideration and send me the same result, then go to tribunal?
Or… should I stop wasting my time. ALL my symptoms are invisible, and I wonder if its genuinely just too ridiculous for them to understand.
I think your problem is the percentage of the time in which you can’t do a particular activity, or need help to do that activity.
And this has always been a problem for people with variable conditions. In order to be completely honest, it’s really hard to demonstrate exactly how much of the time you fit a given descriptor.
I would suggest that your best bet is to get some help with a mandatory reconsideration. It’s hard to find appropriate resources which tell you how to explain your variable symptoms. Or in fact, how the DWP work out whether your condition affects you for the required amount of time.
See if you can get help from the CAB or another welfare rights advisor to complete the reconsideration form. Otherwise, have a look at https://www.benefitsandwork.co.uk/ I can’t point you to an actual place on their site which explains how to word things for variable conditions, but it must be there.
So you haven’t had a copy of the Atos or Capita health care professionals report? The Dwp decision is mainly based on that and your original form.
Ask for a copy of it,then you can directly dispute any relevant points(mentioned by the decision maker) where they have misquoted you/lied,if indeed that is the case in your mandatory reconsideration.I think you generally have to get the Mr done in 28 days?(check letter) but if you have to wait to receive the hcp’s report you could ask for an extension maybe if you need more time? You have already looked at the descriptors and points so you appear to be on the right track to challenge and remember the guidelines that consider you unable to do a particular task unless you can do it " reliably,in a timely fashion,repeatedly and safely.
reliably=to a reasonable standard
in a timely fashion=less than twice the time taken by someone with no impairment
repeatedly=as often as the activity requires.consideration of cumulative effects of symptoms such as pain and fatigue,ie if it adversely affects the ability to then do other activities.
Safely=in a fashion unlikely to cause harm to the individual,directly or indirectly through vunerability to the actions of others.
Variable and fluctuating conditions: If one descriptor is satisfied(not able to do) on 50% of days that should be used for points. but if 1 descriptor applies 40% and another 30% the higher should be used.(ie total above the needed 50% by 2 or more descriptors)
My wife had hers last wed and i got her to ring up dwp to request the report the next day.Hopefully we are ahead of the game and wont be surprised either way when the decision gets made.
Regardless of weather or not you should get PIP you know that decision (zero points) is wrong so you should challenge, don’t be disheartened if you are still short or no change at MR stage and if after considering all above you think you should get awarded PIP then appeal and go to tribunal.i think from memory my wife had zero points on her Esa and we won at tribunal.
Really good post Ollie. Compass, take note of what Ollie has said, it’s totally to the point and comes from someone who’s been through it and had to learn all the rules on the way.
Do not give up and battle over the disgraceful hurdles that the DWP and their hench men ATOS put before us.
I was awarded just the standard rate for the mobility component, nothing for the daily living component. Mandatory reconsideration changed nothing. Started the appeal process, have now been awarded enhanced rate for both components.
I had similar problems trying to convince dwp that the fluctuating nature of MS has to be taken into account.
Here is one of legal precedents that I quoted in my appeal letter which I believe helped me win it.
“In 2013 the Countess of Mar and members of Professor Malcolm Harrington’s Fluctuating Conditions Group succeeded in getting an amendment to PIP regulations to take into account fluctuating conditions. Multiple Sclerosis is very fluctuating disease”