Awarded Standard Rate Care PIP!

[Wesley.Henry]

Just phoned DWP AGAIN! The guy told me my Decision was made Thursday, I actually called that day so was probably made after then.

Not even going to try and find words to explain how I feel right now! Seriously!

BUT! I'm a little confused and surprised. I wasn't awarded Mobility, didn't expect to get Care, I practically didn't fill out most of the Care part of my application thinking i had no chance. So my assessor must have went to work.

I really want to ask for a Mandatory Reconsideration to try get awarded Mobility & would like to know if that would be a good idea In My Case?
& if i appeal and lose my award will i also lose my Back payment?

Thank You

[babyblu64]

Personally, I would wait until I had my decision letter and check the award given. It has been known that DWP tell you one thing on the phone and the letter to say something different.
If you then feel that you want to proceed with a reconsideration, at least you will have the information on your award.
I am currently awaiting my decision. I have been on HRM and HRC for DLA for several years, so I am hoping to get the enhanced rates for PIP. If I don't then I will have to decide if I should appeal.
I am sure someone will reply to your question that has a bit more knowledge on the advantages/disadvantages of asking for a reconsideration and how it would affect you.

[Wesley.Henry]

Woow Really... Appreciate the reply and I will do just that, I do hope the letter could say something different but I am very grateful no matter what.

ALL THE BEST ON THE OUTCOME OF YOUR CLAIM TOO.

[NeurologicalNed]

Hi Wesley. Congrats on your award
I believe as long as you put it on writing and stress that you only want the mobility to be considered in the letter then they will only reconsider the mobility part of your claim and will leave the care alone.

I'm sure someone more knowledgeable will confirm. best of luck

[removed]

Hi Wesley. Congrats on your award
I believe as long as you put it on writing and stress that you only want the mobility to be considered in the letter then they will only reconsider the mobility part of your claim and will leave the care alone.

I'm sure someone more knowledgeable will confirm. best of luck

That is incorrect. The DWP have the right to assess the whole award.

I would request the PIP assessment report to see why you were not awarded a mobility component. I would see the PIP mobility criteria to see if it is worth appealing, which can be found here: http://www.adviceguide.org.uk/wales/...and_points.htm

As stated the whole award may be looked at again and as such you could be left with no award at all. You need to make sure you meet the criteria before proceeding any further.

The Mandatory Reconsideration is best done in writing, attaching further evidence that you meet the criteria.

[Flymo]

You can't start the mandatory reconsideration process until you have the decision letter. Until you have it, you won't know what points you have been awarded for the various activities and the justification given by the decision maker.


You need to think carefully about the possible outcomes should you go to reconsideration. Standard rate Daily Living (no Care component in PIP) is £54.45/week. This is slightly less money than enhanced rate Mobility, which is £56.75/week. Obviously, the Daily Living component has none of the mobility concessions associated with the Mobility component (such as entitlement to Motability, which I know you were hoping for), but, in principle, you could be risking one sum of money for a similar sum. It is possible to lose the award you have.

It's also of note that you have not been awarded a Mobility component at all, so you don't even have 8 points across the two Mobility descriptors. If you want Motability, you've got to score at least 12 points between these two descriptors for an enhanced rate Mobility award. It isn't impossible to go from no Mobility component to enhanced rate Mobility - we had one case of someone managing that, but it's obviously more tricky than being moved from, say, 10 points for walking ability of 20-50m to 12 points for walking ability of 1-20m.

There is no discretion to allow someone who doesn't have a qualifying benefit to enter Motability, by the way - you have to have higher rate Mobility DLA, enhanced rate Mobility PIP or a qualifying armed forces mobility benefit.


If your reconsideration request only addresses the one or two Mobility descriptors where you have a serious argument for change, the Case Manager might give little thought to the Daily Living component, but there is no guarantee. If you are happy for the reconsideration to be limited to the Mobility component, say so clearly, but the Case Manager has the right to disregard that request and reconsider everything. As you got standard rate Daily Living you have, at most, three points to spare before that award disappears (you must have a total of 8-11 points, as 12 points and over is enhanced rate Daily Living). You may have no Daily Living points spare at all.


You have to take it on a risk assessment basis. Look at the decision when you get it and consider your arguments for challenging the Mobility descriptors awarded, bearing in mind how the PIP points scoring system works. The "safely / to an acceptable standard ..." part is particularly important for the "moving around" activity - see the explanation in the first post of the sticky PIP thread and further commentary in the thread on the new edition of the PIP Assessment Guide. Are there viable arguments to get to where you would need to, bearing in mind the points awarded, the Case Manager's reasoning and, if you have it, the assessment report comments? How secure do you think the Daily Living award is on the basis of the paperwork?

The length of award might help you decide what you do - you may feel a more risky approach is justified if it is a short award, or a short award might make you decide to stick with what you have until you reapply.


If you follow my suggestion to read the sticky PIP thread, please consider the approach I describe there as "painting a picture". If you write a few paragraphs that give the Case Manager a clear picture of your mobility, including distances, speeds, the manner of walking (do you wobble, sway, trip or similar?), repeatability, how walking affects you and so on, they have a good idea how to score you correctly. If you post some outline thoughts, I'll do my best to offer some critique, but I'm stupidly busy for the next few weeks and can't promise.


There is a suggested approach to reconsideration in the sticky PIP thread, which is based on Disability Rights UK's suggested approach. If you start following that approach and decide not to go ahead, make sure you contact DWP by phone and in writing to withdraw the reconsideration, as they might proceed to reconsider the award anyway if you fail to send in a written submission.

It might be possible to persuade DWP to send a copy of the assessment report without saying you want the decision reconsidered. If you want to try this, phone the helpdesk and ask for the report. You can't use a Data Protection Act 1998 subject access request to get it, as that process is too slow and the month allowed for your reconsideration request to get to DWP will have run out by the time you get the report.


Out of interest - though I understand if you don't want to answer - what is your condition and how, briefly, did you explain your mobility problems? How do you think you should have been scored? Can you "paint a picture" for me?

[Wesley.Henry]

Thanks CookMySock. I will see when my Decision Letter comes for sure.
Flymo you are amazing aha, Lovely reply explaining so much definitely going to give this a lot of thought.

Okay so, I have Mild Cerebral Palsy & Left Hemiplegia, my left side is of course very weak forcing me to over use my Right side. This causes me to have Pains in my right side and Fatigue in the left.
In my hands it is extremely hard to grasp things with my left hand or use individual fingers for anything.

I get different random pains in my legs, arms, feet & back(every time i bend down for a couple seconds it is extremely painful to straighten).
It is both a struggle to sit or stand for long periods of time, with walking I tire within seconds but have always fought against it walking in Discomfort and pain. The thing is some times I can be weak enough purely from my Disability to bare get around the house and sometimes leave bed, I've laid in bed for over 24 hours on occasions. I barely have reflex in my left leg and crush my hand into things constantly because of the slow reflex in my hands too. I also suffer from anxiety I think because of my condition, always thinking about it, trying to show normal breathing and appear as if I'm not disabled.

I also am currently suffering Depression, Insomnia and an Appetite problem. I haven't been diagnosed because I have been House Bound and have previously refused to go Doctors.
My mum reckons i have been depressed for many years but i myself cant explain why. My Insomnia has got worse over about about 4 years, atm i mostly nap throughout the day and if i fall asleep at night i always wake up from 30mins - an hour and a half later.
I don't know if my appetite problem matters but some days a drink a cuppa T and a couple biscuits and thats it.

My condition can sound and look minor but effects me greatly and as I'm getting older(19 Years Old) I am starting to struggle more & more.
In a position were work seems very difficult and its hard for me to apply for benefits.

[NeurologicalNed]

I understand they have the right to look at it all again. I was suggesting that if he asks in writing that they may just look at the mobility. Is this incorrect then?

I'm sure I read this on this very forum.

[NeurologicalNed]

It sounds to me, going by your posts OP that the assessor actually wrote you a favourable report seeing as you thought you wouldn't get anything for care, but seeing as you actually did, maybe you didn't explain your mobility problems clearly enough, but that doesn't mean you shouldn't be entitled to it. It just seems that way to me. You will have a better picture when you see the DM letter and the assessment report. You will be able to see exactly how you were scored and what points you need to raise or make more clearly in your Mandatory reconsideration. If possible, I would get medical letters from your GP explaining your mobility problems too. It couldn't hurt.

[removed]

I understand they have the right to look at it all again. I was suggesting that if he asks in writing that they may just look at the mobility. Is this incorrect then?

I'm sure I read this on this very forum.

Doesn't matter if he asks for a reconsideration on the Mobility part only - they CAN AND MAY look at the care award also.