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PIP MR, ESA to UC migration

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3 weeks 4 days ago #295909 by Wiggles
PIP MR, ESA to UC migration was created by Wiggles
Hi Everyone,

I have several issues which I hope I can get some help/advice with. I've tried to keep it simple. Thanks.

Info:

Currently receiving PIP higher rate in mobility which was renewed about 6+ months ago. Will get migration notice at some point for ESA to UC. I'm due for a review as it is, I assume I will be assessed again to see if I can work.

I'm not able to work due to multiple disabilities, aside from physical.PIP have refused to acknowledge them over the years but I never fought this because the process always made me worse and I was awarded higher rate. Specifically they ignore the documented cognitive dysfunctions I have. In Jan 2024 the DWP recategorised one of my conditions from a physical condition to a neurological condition, before I had my PIP review but I was still not awarded points even though they impact me greatly, every single day and all the time.

TL;DR:

-) I have diagnosed with evidence cognitive dysfunction
-) They've recategorised another one of my conditions to neurological
-) I'll be being moved to UC from ESA and assessed if I can work and possibly based on new criteria (*)


Questions:

1) Can I opt for an MR on PIP even though it's been about 6 or more months and I have no new evidence? I only just found out they changed one of my conditions from physical to neurological.

2) If so, what would I sight as a reason?

3) (*) There's talk about the DWP removing walking as a disability to qualify for not working UC and PIP mobility points. Is this true?

4) I don't have regular access to the internet and this isn't likely to change. I also struggle more with the internet over paper. I'm unable to freely access the internet, go to a library etc. I'm house and mostly bed bound. How is this going to impact my migration? Can I ask that it's done through paper?

I'm very confused and stressed about all of this with all the shortened names and process etc.

Many thanks for any and all help.

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3 weeks 3 days ago #295920 by David
Replied by David on topic PIP MR, ESA to UC migration
Hi Wiggles,

To answer your questions 1 and 2. As it is over a month since the decision you will have to supply the DWP with " good reason " for the delay in your MR according to your personal circumstances. Before deciding on " good reason " check out the section on MRs on pages 2 and 3 in this BenefitsandWork guide.
www.benefitsandwork.co.uk/?dlp=67164b9965ce6
Question 3. The new Labour government is going to make some announcements about Benefits next week in the Budget. So we will hopefully get some answers then.
Queston 4. Considering your circumstances you can ask the DWP for a " telephone only " new UC claim. When you receive your UC Migration letter there should be a phone number for Citizens Advice Help to Claim and you can phone them for help in arranging this.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 weeks 3 days ago #295949 by Wiggles
Replied by Wiggles on topic PIP MR, ESA to UC migration
Hi David,

Thanks very much for your reply, very much appreciate it.

How do I know if my reasoning is acceptable/good? I've only just found out that they changed which category my condition fits into and they should have awarded me points. For the other conditions that I should have been awarded points on: I didn't do an MR because of the risk of losing points & I was at maximum. Is that not a good enough reason? Especially if they change the rules around qualifying etc.

Does this make sense?

I'm not sure where you're directing me to look though. Are you saying to go here: www.benefitsandwork.co.uk/guides-for-claimants/pip and then to here www.benefitsandwork.co.uk/?dlp=671731395b328

I couldn't see anything other than what you'd kindly already said, am I missing something?

Thanks very much again.

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3 weeks 3 days ago #295952 by David
Replied by David on topic PIP MR, ESA to UC migration
Hi Wiggles,

To answer your question " How do I know if my reasoning is acceptable/good?" You will need to supply examples for myself and other members to consider.
You are right to say if you are at the maximum there is no point in risking losing points.
The guide I am referring to is found under the Guides section with the heading PIP mandatory reconsideration and appeal submissions.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 weeks 22 minutes ago #296335 by Wiggles
Replied by Wiggles on topic PIP MR, ESA to UC migration
Thanks David, really appreciate your reply!!

> You will need to supply examples for myself and other members to consider.

Sorry, I thought I was clear.

1)

DWP moved one of my conditions from a “Musculoskeletal Disease” to Neurological disease category this year, BEFORE I was assessed. They should have moved my points to the appropriate category given this change but didn't. I've only recently been made aware of this otherwise I would have requested a MR. I do not know if they acknowledge that I can ME/CFS or not based on the points I currently receive because I have several other conditions.

Here's the data:https://stat-xplore.dwp.gov.uk/webapi/metadata/PIP_Monthly/Disability.html Note: 'The movement in 2024 of Chronic fatigue syndrome (CFS) to the Neurological disease category'

My reasoning for an MR would be: I've only just been made aware through a friend that the category of my condition has changed and this should be reflected in the points that I receive. I don't receive any points in the sensory or cognitive categories.

2)

I've supplied evidence including diagnosis letters from NHS AND personal evidence of 2 OTHER conditions (ADHD & DYSLEXIA) the evidence has been repeatedly ignored. AND, my ADHD has significantly worsened over the past 6 or so months (after submitting my PIP review) due to documented physiological changes.

My reasoning for MR would be: because I've worsened and they're ignoring evidence that's been supplied with each review. I don't receive any points in the cognitive categories.


3)

I also can no longer use one arm, aside from very basic tasks. I can't lift it at all, I can pick up or move things aside from maybe paper or a utensil. This too has worsened over the past 6 or so months which is AFTER my PIP review.

My reasoning for MR would be: because I've worsened. Though I can't get any extra points for this category which is physical because I receive the maximum points.


I hope this is clear now, please let me know if it is/isn't. I'm concerned as I know I'm risking points loss but also I think it's only fair that my full range of disabilities are both ignored and not put into the appropriate categories.

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1 week 6 days ago #296342 by David
Replied by David on topic PIP MR, ESA to UC migration
Hi Wiggles,

To answer the points that you have made.
1. My reasoning for an MR would be: I've only just been made aware through a friend that the category of my condition has changed and this should be reflected in the points that I receive. I don't receive any points in the sensory or cognitive categories.
The PIP assessor does not award points on " categories ". They are awarded for meeting the " descriptors ".
Have a look at the following BenefitsandWork guide....
Support for Clients
With PIP Mandatory
Reconsiderations & Appeals www.benefitsandwork.co.uk/?dlp=6724db5376c0b

2. My reasoning for MR would be: because I've worsened and they're ignoring evidence that's been supplied with each review. I don't receive any points in the cognitive categories.
Again a worsening health condition in itself doesn't generate points. Unfortunately it has to tick the boxes against the descriptors. Have you looked at the following BenefitsandWork guides.............
Claiming PIP
Supplementary Guide
ME and CFS www.benefitsandwork.co.uk/?dlp=6724db5376bc1

Claiming PIP
Supplementary Guide
ADHD www.benefitsandwork.co.uk/?dlp=6724db5376b93

3. My reasoning for MR would be: because I've worsened. Though I can't get any extra points for this category which is physical because I receive the maximum points.
PIP assessments are renown for being inconsistent and it is possible to go down from full points to zero and the other way round. Have a look at the section on Mandatory Reconsiderations in the following BenefitsandWork guide.

David

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