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PIP - Mandatory reconsideration turned down

I really am in two minds what to do next.

I applied for PIP in October last year, had a f2f and was awarded standard mobility which I was quite surprised about as my mobility isn’t too bad at the moment.

The daily part is what is actually have problems with - I struggle with my memory but I have been unable to get the necessary support I need. I have problems with concentration and brain fog but these issues are difficult to provide evidence for.

I am not sure if I can face the tribunal process but if I do decide to proceed, what do I evidence do I need to provide? If I do go to the next stage, will my existing mobility award be reconsidered too and possibly removed?

The fact that I was medically retired from my full time job last year is one of the biggest losses of personal Independence a person can think of!

Your help, opinions and guidance are welcome.

Mrs Flute

Hello Mrs Flute

Have a look at this: https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf

It’s the table of PIP Activities and the various ‘Descriptors’ for which you can score points.

If you look at each Activity, see which descriptor best fits you and your struggles with Daily Living. You score the number of points as applies for each descriptor (that’s one score for each Activity, the highest one that applies to you).

If you score 8 points for Daily Living, then you’d qualify for standard PIP for Daily Living (12 points for Enhanced rate).

You are right that if you go forward to tribunal the entire award would be looked at again, so there is a possibility of you losing the mobility part.

But you could check what you think from the table, and if you think you ought to have qualified, you then see a CAB welfare rights adviser for help with appealing.

Sue

Talk to your MS Nurse or GP say you need to have a cognitive and memory abilities test/assessment.

This will give you the NHS evidence you need. My GP just did a quick test and wrote it up in a letter.

But this is something you should have mentioned in your Care or Management Plan.

There are health and safety issue with a poor short-term memory, like leaving the hob on whilst cooking

and being distracted and burning the house down etc.,. forgetting to pay bills and being unable to

manage your bank account and online shopping. For example I have ordered stuff twice and forgotten

I had ordered and two books arrived - both the same.

It also helps to have signed witness statements from carers or helpers to send to the DWP, on how

they help you everyday to make sure you don’t get lost when driving or cooking or shopping etc.,.

As I have heard, there are great delays in Tribunals c28 weeks or more - I would go for making a new claim:

a) collect NHS evidence on poor cognition first, and carers statements or Care Plan,

b) then just reapply for PIP for all descriptors mobility and living, stating you have declined

are worse and here is my NHS evidence. Another 12 weeks plus I know, but it would be quicker.

However, it would not be backdated. Just a fresh claim.

Not so much advice, as I’m in no way in a position to offer advice.

However, if you believe they have scored you inaccurately, I would recommend you do go to Tribunal. I recently supported my wife through this process, (nothing to do with MS though), and it was worth it in the end.

They will review the information, will ask you a number of questions to clarify the information and to form a view of your personal situation. If you have a partner who can attend with you, they may or may not go on to ask them a few questions.

The Tribunal will have a panel, typically 3 people, a magistrate, a medical Doctor, and a disability living person. I forget the exact title of the 3rd member.

We found the panel fair, and they went in our favour, obviously each case will be different.

My view is that if your claim is justified (I am not suggesting it isn’t) then definitely go to Tribunal. It can be a long wait due to the backlog. It wouldn’t surprise me if Capita who are doing a lot of the claim handling, are being paid to reduce the number of claimants. The Tribunal though should be more balanced and impartial rather than a company who may be paying bonuses to assessors able to reduce the number of claimants. As you may tell, the whole journey with my wife has left me very cynical.

Best wishes if you go forward.

J.