PIP Mandatory Reconsideration

Hi I'm new to this site but hoping someone can advise me. I applied for PIP, was turned down and am now at the stage of looking through the various inaccurate information written about me. There's one thing in particular that has annoyed me, the HP has written - " the claimant declined to consent to a physical examination", this is just not true. The assessment took place in my home for some reason, I was sitting on the sofa throughout so she never saw me move my legs to stand or walk. My husband was with me throughout and after she left we commented that it was strange that she hadn't examined me but she never asked. Any thoughts on this would be welcome, has it happened to anyone else?

Genebb wrote: Hi I'm new to this site but hoping someone can advise me. I applied for PIP, was turned down and am now at the stage of looking through the various inaccurate information written about me. There's one thing in particular that has annoyed me, the HP has written - " the claimant declined to consent to a physical examination", this is just not true. The assessment took place in my home for some reason, I was sitting on the sofa throughout so she never saw me move my legs to stand or walk. My husband was with me throughout and after she left we commented that it was strange that she hadn't examined me but she never asked. Any thoughts on this would be welcome, has it happened to anyone else?

Hi Ge,

Welcome to Benefits and Work

Although it may help for you to point out any discrepancies and errant information within The PIP Medical Report, it is important that any challenge that you make clarifies how and why you should have "scored points" !

If you feel that the fact that you did not refuse to undergo a "Physical Exam", and the fact that a Physical Exam was not carried out contributed to the fact that you did not receive the correct amount of points, then yes, you can raise that issue.

However, you would have to explain how and why the fact that you did not receive a Physical Exam resulted in you not receiving the correct number of points.

Have a look at the following generic information which I offer to all members who are about to challenge an adverse PIP Decision :

You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.

Sending Documents to the DWP.

You could also ring the PIP Helpline :

Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm

To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.

If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, 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.

You should not miss your one month deadline if The PA4 has not arrived.

You can make comment that you have requested this and will submit further evidence if applicable when you receive it.

You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.

Obviously if you have no current PIP Award, there is no risk involved.

See : PIP MR/Appeals Guidance.

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)

You should do this using copy of The MR Notice letter and the : SSCS 1 Form (Download Link)

All this is explained in our PIP Appeals Guidance

In the MR request and any subsequent Appeal you should concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided which indicates that you should have.

You should take into account that the PIP DM is not medically qualified at all, so the easier that you can make it for them to understand the limitations that you suffer as a result of your medical conditions, and how those limitations score you the required points under the appropriate scoring PIP Descriptor for each applicable PIP Activity, the better your chance of success.

Once you have the PA4, you can pose any counter arguments to the PIP Assessors recommendations in The PA4.

e.g. If they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so Reliably and Safely for The Majority of Days ?

If the Assessor has stated that they witnessed you Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!

Try and keep you counter arguments relevant to The PIP Activities/Descriptors where you would have expected to score points or more points than you were actually awarded.

See also : PIP Self Test

PIP Points Scoring System

&

PIP Claims Guide. (2nd Link down the page)

As it appears that you already have copy of The PIP PA4 Medical Report, you can obviously disregard any information above regarding obtaining copy of that !!

You might want to Bookmark/Favourite this page in your Internet Browser so that you can return to your topic easily to pose any further queries that you may have.

bro58

So there would be no point- obviously in addition to following the comprehensive advice of Bro58- in identifying the healthcare practitioner (name, qualifications, registration number), and writing a complaint to e.g. DWP or the registering body or the employing contractor?

Bearer wrote: So there would be no point- obviously in addition to following the comprehensive advice of Bro58- in identifying the healthcare practitioner (name, qualifications, registration number), and writing a complaint to e.g. DWP or the registering body or the employing contractor?

Hi B,

There is nothing to stop you complaining about the standards and quality of an Individual PIP Assessor to their employer ATOS/Capita and/or the governing body, e.g. GMC for a Doctor, NMC for a Nurse or Midwife.

I fact in the case of particular poor PIP Assessors, I would encourage people to do so.

However, this should be done as a separate issue to an MR/Appeal !

Even if you manage to totally discredit the PIP Assessment Report, this may only result in a fresh Assessment, and not a positive change to an adverse decision.

bro58