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MM V DWP
- troy
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6 months 2 weeks ago #290717 by troy
MM V DWP was created by troy
My Sister has an interview in May, Mandatory Reconsideration Notice regarding MM's appeal decision, I found this letter the DWP sent and was wondering if this letter and its details aid me and should I still proceed with the appeal.
I know its many years ago but I Dont believe I spoke to anyone from DWP regarding this.
Thank You for your assistance.
assisting people in social situations, we now consider them as
needing social support.
The change also clarifies that social support is an ongoing need to
help engage with other people and not just something that is
needed during or immediately before the activity. This change
applies from 6 April 2016
We received your letter dated 16/07/2023 in which you asked us to
look at your award due to the above tribunal judgement.
You said you have received help from mental health professionals
due to your condition, and your brother has become experienced
in what your needs are for mixing with others and he answers all
of your correspondence.
The award we will be looking at is the decision dated 15/10/2017.
Your award following this would have already considered the
above tribunal judgement.
For the purpose of PIP when looking at the activity of mixing with
others considers a claimant's ability to engage with other people,
which means to interact face-to-face in a contextually and socially
appropriate manner, understand body language and establish
relationships.
While you have reported your brother will answer all of your
correspondence this is not considered within the criteria for this
activity. The only activity covered in the above tribunal judgement
is mixing with others.
A paper bases assessment was carried out on 21/09/2017, you
were awarded descriptor B that you require prompting to mix with
another person. It was in a telephone call and your brother you
had an allocated care coordinator who you would see once a
month with regular phone contact, suggesting you required help to
manage your condition. It was said you experienced symptoms
such as low mood and lack of motivation most days, but you were
not at that time experiencing psychotic symptoms. It was reported
you were able to leave your home and attend appointments most
days but would require prompting to alleviate your anxiety and
distress, suggesting you would require prompting to mix with
others. While we acknowledge you have difficulty mixing with other
people, there is no evidence you require social support, where you
would require an experienced person to assist you while mixing
with others which is consistent with the information provided. This
suggests with prompting you can manage this activity. We have
therefore decided your award is unaffected by the MM V DWP
tribunal judgement.
For more information about PIP go to www.gov.uk/pip
PIP.7002
Page 4 of 8
I know its many years ago but I Dont believe I spoke to anyone from DWP regarding this.
Thank You for your assistance.
assisting people in social situations, we now consider them as
needing social support.
The change also clarifies that social support is an ongoing need to
help engage with other people and not just something that is
needed during or immediately before the activity. This change
applies from 6 April 2016
We received your letter dated 16/07/2023 in which you asked us to
look at your award due to the above tribunal judgement.
You said you have received help from mental health professionals
due to your condition, and your brother has become experienced
in what your needs are for mixing with others and he answers all
of your correspondence.
The award we will be looking at is the decision dated 15/10/2017.
Your award following this would have already considered the
above tribunal judgement.
For the purpose of PIP when looking at the activity of mixing with
others considers a claimant's ability to engage with other people,
which means to interact face-to-face in a contextually and socially
appropriate manner, understand body language and establish
relationships.
While you have reported your brother will answer all of your
correspondence this is not considered within the criteria for this
activity. The only activity covered in the above tribunal judgement
is mixing with others.
A paper bases assessment was carried out on 21/09/2017, you
were awarded descriptor B that you require prompting to mix with
another person. It was in a telephone call and your brother you
had an allocated care coordinator who you would see once a
month with regular phone contact, suggesting you required help to
manage your condition. It was said you experienced symptoms
such as low mood and lack of motivation most days, but you were
not at that time experiencing psychotic symptoms. It was reported
you were able to leave your home and attend appointments most
days but would require prompting to alleviate your anxiety and
distress, suggesting you would require prompting to mix with
others. While we acknowledge you have difficulty mixing with other
people, there is no evidence you require social support, where you
would require an experienced person to assist you while mixing
with others which is consistent with the information provided. This
suggests with prompting you can manage this activity. We have
therefore decided your award is unaffected by the MM V DWP
tribunal judgement.
For more information about PIP go to www.gov.uk/pip
PIP.7002
Page 4 of 8
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- Gordon
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6 months 2 weeks ago #290721 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MM V DWP
t
First of all, there is some debate about whether you can appeal this decision as technically no Decision has been made, the existing one has been left standing but let's ignore that for the moment.
There are two takeaways from the DWP's comments that stand out to me.
First, it appears that a subsequent assessment which was carried out under the revised guidance did not award the extra points that MM was concerned with, I assume this Decision was not challenged.
This will devalue any argument that she met the criteria on the assessment that was looked at again.
Secondly, it appears that the evidence that was provided did not show that your sister met the criteria for the higher points.
So, if your sister is to appeal this issue then you and her will need to go back to basics regarding why she meets the higher Descriptor.
You may be able to avoid the obvious question of why this was not done originally by pleading ignorance of the criteria but you will need to fully understand it now, to take it further.
Gordon
First of all, there is some debate about whether you can appeal this decision as technically no Decision has been made, the existing one has been left standing but let's ignore that for the moment.
There are two takeaways from the DWP's comments that stand out to me.
First, it appears that a subsequent assessment which was carried out under the revised guidance did not award the extra points that MM was concerned with, I assume this Decision was not challenged.
This will devalue any argument that she met the criteria on the assessment that was looked at again.
Secondly, it appears that the evidence that was provided did not show that your sister met the criteria for the higher points.
So, if your sister is to appeal this issue then you and her will need to go back to basics regarding why she meets the higher Descriptor.
You may be able to avoid the obvious question of why this was not done originally by pleading ignorance of the criteria but you will need to fully understand it now, to take it further.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Charlie
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- troy
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6 months 2 weeks ago #290913 by troy
Replied by troy on topic MM V DWP
What if I can’t attend the hearing, would additional written evidence be ok?
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- Gordon
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6 months 2 weeks ago #290918 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MM V DWP
t
From your original post, this would be your sister's appeal, unless you are her DWP approved appointee, then your presence is not required at the hearing.
If you mean her not attending then she can request a Paper based appeal, however, she will need to stick to the timescales defined in law for appeals, namely, that any testimony and evidence she wishes to be considered by the panel must be with the Tribunal Service no later than one month from the date of the DWP's submission that she will receive after the apple is lodged.
Gordon
From your original post, this would be your sister's appeal, unless you are her DWP approved appointee, then your presence is not required at the hearing.
If you mean her not attending then she can request a Paper based appeal, however, she will need to stick to the timescales defined in law for appeals, namely, that any testimony and evidence she wishes to be considered by the panel must be with the Tribunal Service no later than one month from the date of the DWP's submission that she will receive after the apple is lodged.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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