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PIP - Decision Maker changing points at Mandatory Reconsideration Stage

Neil Lambton
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Welfare Support - South Tyneside Homes

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Total Posts: 1

Joined: 16 May 2019

I am dealing with an appeal for a claimant who was awarded 7 points for daily living when they went for the PIP assessment.  They requested a reconsideration against the decision and the points were reduced to zero.
I now have the appeal bundle and the decision maker at the reconsideration time used empowerment to reduce the points. The papers do have a PA5(supplementary advice) which would show the decision maker had referred it back to a health professional to look at and check the points were correct.

Does anyone have any experience of this happening and any examples of positive outcomes at appeal when a decision maker has used judgement, to reduce points, rather than getting advice from a health professional.

Elliot Kent
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Shelter

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Joined: 14 July 2014

I am not really sure what you are looking for. The HCP’s advice and subsequent PA5 stands as evidence that certain points ought to have been awarded which you can rely or (or not) to the extent that you think it helps. That the decision maker now thinks those points should not have been awarded just means that you cannot approach the case as though those points can be assumed to be not in dispute (to the extent that this is even a safe assumption to make in the first place). It’s for you then to take the case on its merits and address or ignore the DM’s reasons for rejecting the advice. There isn’t any material difference between 0 and 7 points, so it is not as though it raises questions about revision.

There are plenty of cases which go from 0 points being awarded to enhanced rate of both components., even where the DWP case is supported by medical advice - so I don’t see why it would be any different if the DM is overruling their medical advisers.

We are of course constantly complaining that the DMs act as though they were bound by HCP advice, but if they are going to stop doing that it will cut both ways.