Pip award disappointment
Posted , 6 users are following.
Hi all
I have ben claiming PIP since 2013. My first assesment was at home (not been able to gt one since then) and i was awarded standard rate for both elements. My condition deteriorated and i submitted a change of circumstances and was awarded Enhanced Living component and standard Mobility. I requested a mandatory reconsideration but the decision stayed the same. I appealed to tribunal and my mobility was changed to enhanced. The tribunal decision was in January 2018
I was then invited to renew my Pip via a new application in November 2019 and lo and behold to my horror i was only awarded standard rate on daily component scoring 9 points and nothing on mobility. I am in shock. How could their own assessor think i qualified for enhanced on daily living component and standard rate in 2017 and then just one and half years later a totally different outcome by them never mind the tribunal
Here is where it gets tricky, i also had an ESA assessment in November 2018 by a doctor (not a nurse or physiotherapist) who came to the house and i was awarded 15 points. It just doesn't make sense to me how a doctor and a nurses opinion can be so different in the space of three months
Please help
0 likes, 14 replies
stephen43586 Darkchild101
Posted
Be careful how you proceed ,the descriptors for ESA and PIP have different interpretations and designed in such a way that in order to validate your award you have to have rock solid evidence. They only accept current evidence .You can appeal,however,that also could be to your detriment .Or it may go i n your direction .If you do appeal it is always better to attend in person as paper based appeals tend to get washed away.
denise15811 Darkchild101
Posted
Hi,
All you can do is request the MR and then Tribunal again if the MR fails and most do.
ESA and PIP are completely different benefits with different criteria so you really can't compare them both. Scoring 15 points for ESA doesn't mean anything for PIP.
If you haven't got a copy of the assessment report then i'd advise you ring to request that. As you've already been through the MR/Tribunal route very recently then you'll know what to do. There's a high chance you'll have to take it to Tribunal again because only 19% of MR decisions change. 71% of those who appear in person at their Tribunal have a decision in their favour. It drops to between 5-8% for those who request a paper based hearing for Tribunal. Good luck.
AlexandriaGizmo denise15811
Posted
How long after a failed MR do you have to put in for a tribunal is it immediately and can tribunal lower your time to keep your PIP award
denise15811 AlexandriaGizmo
Posted
It's 1 month from the date of the MR decision but with good reason it can be extended to 13 months.
I'm not sure what you mean by can the Tribunal lower your time to keep your PIP award.
AlexandriaGizmo denise15811
Posted
If someone puts in appeal does it alter their claim time, ie if they were given standard rate on both for 3 years and the tribunal moves it up to enhanced will it alter the length of the award
denise15811 AlexandriaGizmo
Posted
It can do yes, it depends on the decision.
Darkchild101 denise15811
Posted
is the assesment report the one which tells you what points where awarded for what descriptor by the decision maker?
AlexandriaGizmo Darkchild101
Posted
That's what people need to be aware of
denise15811 AlexandriaGizmo
Posted
There's no risk to the award you already have, as i already explained. If the Tribunal plan on lowering an existing award they have to warn you prior to doing this. They will either write to you before the hearing and advise you that you could lose points in certain descriptors or they will warn you on the day of the hearing.
This will then give you the chance to either take the award you already have or risk it and carry on with the hearing. If the warning is given on the day of the hearing and you decide to take your existing award then the hearing will not go ahead, if the warning is received before the hearing then you have a chance to cancel the Tribunal. So, there's no risk.
If you don't understand what you have to do or you're not sure if more points can be awarded for certain descriptors then you really should get some face to face advice before requesting the Tribunal.
Darkchild101
Posted
hi all
the only reason i mentioned ESA is because this time the PIP form specifically mentioned that if i have been assessed for any other benefit i should mention it in the application but at the time of the application i was still wwiting for thr ESA decision. I don't remember previous PIP forms mentioning that
denise15811 Darkchild101
Posted
The assessment report is called PA4 and it's the one that recommends the points. Are you sure it said that on your PIP form? I've recently filled out a PIP form and it didn't say that. PIP and ESA are different benefits with different criteria.
sarah87162 Darkchild101
Posted
OK. You need to be very sure to get your facts straight here. November 2019? Alright everyone assumes you mean November 2018. but when the situation is complicated anyway you need to be very sure of dates.
Darkchild101
Posted
hi Denise
i requested a copy of the assessment report which i got today
if i want professional help mounting a mandatory reconsideration who is best to do so or is it just Citizens Advice Bureau?
Thanks
denise15811 Darkchild101
Posted
Welfare rights or a law centre would also help but it depends what you have in your area.