Please or to access all these features

SN children

Here are some suggested organisations that offer expert advice on special needs.

PIP - would you challenge this?

9 replies

LonginesPrime · 02/06/2020 20:16

DD has (finally!) been awarded PIP after a Mandatory Reconsideration, which is a huge relief and we are obviously really pleased.

I'm happy with the rates she has been awarded, but there are a few areas of daily living in which she's been awarded fewer points than expected and where the DWP has overstated her ability to do certain tasks. I see now that the evidence in these areas could have been more detailed and explicit (it was our first time and I'm still getting to grips with all of this), so I know for next time.

I could obtain further evidence in these areas which I believe would increase her score and elicit more accurate statements about her abilities, but this wouldn't increase her financial award as it's already at the enhanced rate.

Because we've already gone through Mandatory Recon, the next stage would be a tribunal. It seems hugely disproportionate to take DD's case to a tribunal when we actually agree with the overall decision and when the outcome wouldn't affect her financial award in any way. That sounds like it would be utter madness, obviously.

However, I'm conscious that I'm absolutely clueless about PIP and I obviously messed up the original application (through my own naivety as to the extent of evidence required), so I don't want to get this bit wrong.

DD will need significant support for her disabilities for the rest of her life, so is there any way my not challenging these incorrect assumptions now might come back to bite us in the arse in future reviews?

If the letter just said 'there was insufficient evidence that you need support with x', I wouldn't be worried - what bothers me is the fact it states 'you can do x' and I don't want it to look like I agree.

OP posts:
Ilovellamasandpenguins · 06/06/2020 20:28

Always challenge the DWP if you don’t agree,

Citizens advice can help with forms, so it might be worth giving them a go.

LonginesPrime · 07/06/2020 10:00

Thanks for replying.

Yes, I'll give Citizens Advice a call tomorrow and see what they think. Hopefully they'll just say it's fine to leave it as it is!

I'm also conscious of the fact she might be downgraded by an independent tribunal too (realistically I can't see that happening, given her issues, but they could say anything in theory). Feel like I'd need to read up on disability law before making a decision too...god, it's just all so exhausting!

OP posts:
Ilovellamasandpenguins · 07/06/2020 10:20

Yes it is exhausting, as if we haven’t enough to deal with!!

We claim DLA for our youngest and downgraded both his awards this time last year, we appealed ( luckily hubby is a solicitor - so spent a couple of days researching disability law), and they relented when they got the appeal papers.

Hope it goes well with the CA tomorrow - I’ve seen many posters being referred to them with this sort of issue.

ToothFairyNemesis · 07/06/2020 10:42

No it would be an extremely unwise thing to do and you run the risk of the award being reduced. It would have no baring on future assessments , you are not signing anything to say you agree with everything the assessor says.

ToothFairyNemesis · 07/06/2020 10:43

Also citizens advice unless your local one is especially good are not great at giving advice re pip/dla.

ToothFairyNemesis · 07/06/2020 10:47

Sorry forgot to say all you would be doing is asking the award to be looked at again as you disagree with the award. You cannot cherry pick things you disagree with and ask them to be looked at , it doesn’t work that way.

LonginesPrime · 07/06/2020 12:31

Thanks both!

It would have no baring on future assessments

That's what I was worried about - that would have been the only reason to appeal as it wouldn't change anything about her current award.

And as you say, ToothFairyNemesis, it's not the award itself I'd be challenging so that's helpful to know.

I just didn't want to find out at the next review that I'd missed a trick and inadvertently messed everything up for DD!

OP posts:
ToothFairyNemesis · 07/06/2020 13:34

I understand the worry re next reviews but you definitely won’t have caused any issue with future awards. Am glad for your dd that the MR was successful, few are.

Grinch48 · 06/03/2021 18:24

What you might want to do is ensure that you keep the copy of the most recent award where it gives you the number of points for each section
When it comes up for renewal you will know what to put where you got the correct points as you already got the correct points

And what to emphasise and make clearer where you got lower points

It’s useful to keep the forms as a reference point for any future ESA / PIP claims

As you say she will need life long help and her condition and how it affects her ability to do day to day stuff is unlikely to change so it’s useful to keep the previous awards and the points to use in the future

New posts on this thread. Refresh page
Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is closed and is no longer accepting replies. Click here to start a new thread.