Need advice on MR. Have been refused claim

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I was claiming HR motility and lower care. Was in car accident 6 years ago at 28 and left with lower back pain and sciatica, depression and diagnosed with ptsd for travelling.made redundand after accident. Dont see anyone other than gp for pain.I received letter today refused both. Got 0 in every section. House visit person was very nice. Obviously not!!Confirmed at end that he understands nervous and things get left out would read medical reports etc and take info from there. Decision

Maker basically refuted everything I said in application, said talked at visit and didn't seem to be in pain even though am constantly. Should i MR decision.

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7 Replies

  • Posted

    Hi Jo you say you were claiming previously, was your claim for DLA and you where moving across to PIP this time or where you already claiming PIP
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    • Posted

      Love from dla to pip. I sent in a psychiatrist and a few medical reports from other consultants. I used descriptors to help fill it in and if they read my application I would have got hr for motability and something for care..i am stuck in house all day my husband doesnt drive and we live 35 miles from anyone I know. Only get out once in while and they used that against me.
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    • Posted

      It's not just about reading your application unfortunately. If it was as simple as that everyone that applies for be awarded something. DLA and PIP mobility criteria is totally different. For DLA it was 50 metres for PIP it's 20 metres for the moving around part. For those with mental health it's following and planning a journey.

      Do you have mobility problems or mental health and which were you claiming for, for the mobility part? Your husband not being able to drive and you living 35 miles from anyone you know is not a reason to award you the mobility part. What's the reason why you only go out once in a while? Is it because you live so far from people you know? Sorry for all the questions, just trying to help you further.

      For the daily living part do you need help with daily things like washing, dressing, cooking, meeting people, budgeting, all the descriptors have different meanings and you need to understand what they mean. All these things you need to think about. PIP isn't as straight forward as people think.

      As i said it's MR first and then Tribunal if that's not successful. You have 28 days to request the MR. Good luck.

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    • Posted

      Just a thought Joe, the DLA you have been receiving what rate did you get and was the supporting medical evidence new or was it the same as you sent in for your DLA claim
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  • Posted

    Hi Jo,

    As Alexandria has said you don't say if this is a move from DLA, a new claim or a PIP review? Either way your next step is to ask for the MR and you have 28 days to request this. The best thing to do is put your request in writing stating what you disagree with and where you think you should have scored those points. PIP is about how your conditions affect you daily and not about a diagnosis. The decision maker wouldn't have even looked at your application, that's not what they do. They look at the report and usually go with that. It's the assessment providers job to look at the application, your evidence, the assessment and make a report from all of those.

    Have you taken a look at the PIP descriptors to see where you can score those points? If you were claiming DLA previously then PIP is totally different to that. I can't post links here but there's lots of advise available on the internet about claiming PIP. Citizens advice have a great website. Please use that to help you with this.

    Did you send in evidence to support your claim? If not then you will need to send some with your MR. They very rarely contact anyone for evidence, the onus is always on you to make sure it's sent to support your claim.

    Only 20% of MRs are successful so you'll most likely have to take it to Tribunal. Appearing in person is you absolute best chance of a decision in your favour and 71% of those that do, win.

    This whole process can take anything up to 1 year, if the MR fails which i fully expect it to because you scored 0 points.

    CAB or the like will help you through this process if you contact them but they are often very busy and getting an appointment is often difficult so please don't delay that.

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  • Posted

    Wish you all the luck Jo.I know every case is different.   Similar circumstances with my Husband. Similar health problems No points awarded for both.  We just been to tribunal after 15 months and he got 4 points. Nothing for constant pain he is in.  I hope you have a much better experience love!
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