× Members

PIP tribunal adjournment notice - I'm confused!

More
8 years 7 months ago #140163 by MariW
All the best, Abby :)

Mari
The following user(s) said Thank You: Ellen

Please Log in or Create an account to join the conversation.

More
8 years 7 months ago #140846 by Ellen
I have just got a copy of my PIP award letter and I am weighing up the pros/cons of challenging/asking for it to be looked at again (primarily because of the mobility aspect although I know you can't ask for just part to be looked at).

My questions are:

1 - is there a way I can contact the DWP to get a copy of the assessment report without having to telephone them? (I can't 'do' telephones) - or is the asssement report the same as the short paragraph written on my award letter?

2 - what happens if I don't ask for the reconsideration etc within the 1 month of the date of my award letter? I'm going through a bad patch right now and things aren't getting done.

thanks for any help
abby

Please Log in or Create an account to join the conversation.

More
8 years 7 months ago #140850 by Gordon
Abby

To answer your questions :)

1. You can write to the DWP office that dealt with your claim for the information, the only downside is that it will take longer.

You can make the request in the form of a Subject Access Request

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

The positive of this is that you will definitely receive the information, the downside is that it may add to the time.

2. You can request a Mandatory Reconsideration up to 13 months after the date of the Decision, however, once you go pass the one month deadline you need to provide Good Cause as to why the request is late, it is then at the DWP's discretion whether they process the request or not, this decision is not appealable and if they do not approve it then you cannot pursue the matter further.

In fairness we have not seen anybody on this forum refused a late MR, but our advice remains to submit the request within the month wherever possible.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
8 years 7 months ago - 8 years 7 months ago #140862 by Ellen
Hi
thanks for the help - on the link to the form for the subject access request - which part should I tick (as in the option of either clerical records or computer records) under the PIP option to get a copy of my assssement report? And is it better to do it via filling in the form or a letter ?

thanks again
abby
Last edit: 8 years 7 months ago by .

Please Log in or Create an account to join the conversation.

8 years 7 months ago - 8 years 7 months ago #140871 by

abbyb1000 wrote: Hi
thanks for the help - on the link to the form for the subject access request - which part should I tick (as in the option of either clerical records or computer records) under the PIP option to get a copy of my assssement report? And is it better to do it via filling in the form or a letter ?

thanks again
abby


Hi a1000,

I would tick all available options, and add a comment that you are requesting "all" documentation" used in coming to the PIP Decision dated xx/xx/xxxx, in "all" formats.

You could also mention The PA4 PIP Medical Report by name.

There is nothing to stop you adding/stapling a typed A4 sheet to The SAR form.

You can make the request in the form of a letter if you wish, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.


bro58
Last edit: 8 years 7 months ago by .

Please Log in or Create an account to join the conversation.

More
8 years 7 months ago #140929 by Ellen
Hi
From searching the forum this seems to be something a few people query, but having read the posts and the PIP guide I am still confused and hoping someone can give me some advice.

It relates to q13 on the PIP form about going out. I was awarded 4 points - the letter saying this was because of my anxiety and I needed prompting. But my mum (main carer) thinks I should have qualified to get 10 points - because I am unable to use public transport at all, or go alone on unfamiliar journeys, and also because my OCD means even going the 10 minute walk to my gp can (and does) take me a lot longer due to me having to go a certain way/do certain things etc. I wrote all that on my original PIP form explained to the assessor at the face to face. I also explained that I practically never go out of my home town, and when I do it is in my parents car/taxi and with a lot of planning and Diazepam). There was one time in the last 5 years when I had to go on public transport because of various things, but I was so sedated that I hardly remember it.

Given that, my question is I see a lot of reference made to the point that people should only be considered able to go on an unfamiliar journey if they can use public transport - is that just guidance or is it a fixed DWP rule? And is it one of the criteria that has to apply always or just for the majority of the time? (as in will my 1 trip on public transport be seen as me being able to use it?)
Also would my OCD and the fact I take so much longer be able to score me the 10 points rather than the 4 ? I could have all the prompting and support but I still have to follow the same route etc?

thanks
abby

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.