Challenging a DWP Mandatory Reconsideration Via an Independent Tribunal Appeal

27th November 2017

Not Giving In - Fighting Gloria's Corner


The Money Carer Foundation have been supporting a client with complex mental health issues for a number of years.  'Gloria' suffers with paranoid schizophrenia though when her condition is supported with a tailored care plan she can appear extremely able and this may lead others to underestimate her care needs.

Gloria was in receipt of the lower-rate of care component of Disability Living Allowance until December 2016 when she was invited to claim Personal Independence Payments. The Money Carer Foundation managed the initial claim however following an assessment with a Health Care Professional Gloria was awarded 0 points for mobility and daily living.

It became apparent that this score was not accurate and a mandatory reconsideration was raised with the DWP but the decision was upheld. The Money Carer Foundation furthered the appeal to an independent tribunal. Evidence was gathered by Money Carer Foundation from various professionals involved in Gloria's care and a written-submission was prepared for the tribunal indicating the areas in which we believed Gloria should have been awarded points under the PIP descriptors.

Within the submission to the tribunal we evidenced several daily-living areas totalling 18 points. The submission was supported with medical evidence from Gloria’s CPN.

A tribunal date was then set by HMCTS and a best-interests decision was made by The Money Carer Foundation and Gloria's CPN that it would not be in her best interests to attend the tribunal due to the stress and anxiety that the tribunal would have caused her.  On the day of the tribunal the Money Carer Foundation attended the tribunal and on entering the tribunal room the judge indicated that the written submission had been considered and invited the DWP representative to make a submission.

The DWP representative apologised for the original decision and agreed with the written submission and an award of the enhanced rate daily-living component of Personal Independence Payments was made. The tribunal judge awarded 17 points of the 18 Money Carer Foundation had originally presented in our submission.

The award was made for a five-year period until 2022. This was a great result for the client and translates to approximately £2000 in backdated arrears, £83.10 per week benefit and entitling Gloria to enhanced premiums on other benefits such as ESA and Housing Benefit.


 

 

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