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PIP decision done by who?

  • teabag
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9 years 10 months ago - 9 years 10 months ago #122448 by teabag
PIP decision done by who? was created by teabag
Hi i finally received my assessors report after several phone calls over several weeks and was shocked to discover that her report showed that she had decided what activities I scored on and that she hadn't seen several documents, even tho I had offered them to her and she had said she wasnt interested and to forward them to DWP.
Anyway my concern is is it the DWP that make the decision or Atos assessor as it would appear that the DWP have just gone along with the assessors scoring and her decision on when a review should take place, why should we have to wait 4 weeks for DWP to make a decision when it would appear they don't, they just rubber stamp the assessors report and she had the audacity to say her report took 360 mins (6hours) to complete.
Needless to say i've asked for a mandatory reconsideration and pulled her report to pieces and supplied the evidence to prove it. Grrrr No doubt this review will take months.
Last edit: 9 years 10 months ago by Gordon.

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9 years 10 months ago #122453 by Gordon
Replied by Gordon on topic PIP decision done by who?
Teabag

All benefit Decisions are made on behalf of the Secretary of State by DWP staff. ATOS and/or Capita can only make a recommendation as to what award (or not) should be made, it is the Decision Maker who actually makes the award, they can agree with the Assessors recommendation, make a higher award or indeed, a lower one and of course, no award at all.

At this time there are no statistics for PIP related to the number of Decision where the DM made a different award to that recommended, the original award was overturned at the Mandatory Reconsideration stage or the success rate for PIP appeals.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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  • teabag
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9 years 10 months ago #122455 by teabag
Replied by teabag on topic PIP decision done by who?
It will be interesting to see their statistics.
The decision maker in my case obviously hadn't checked against documents including GP report asked for by Atos yet the Atos assessor where she lists documents seen didnt include this or the tribunal decision letter dated january 2014 clearly stating that I had proved that I have had agrophobia, etc. since 1978 and they were awarding me low DLA mobility, which she glanced at and refused to take with her. She says that I need prompting to go out no i can go out at all without someone and not always then depending on my ME and also I have told them that altho ESA medical report is for different criteria its more reliable than this assessors report as in that it states that I cannot do everyday things reliably, repeatedly and safely and would be unable to propel a manual wheelchair.
I still say that 4 weeks for a decision maker to add up the points is ridiculous.

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  • teabag
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9 years 10 months ago - 9 years 10 months ago #122696 by teabag
Replied by teabag on topic PIP decision done by who?
hi checked my bank and been paid 4weeks DLA yet my PIP decision letter dated the 19th May which says my DLA entitlement will stop on the 17th June. Further down it says that i'm entitled to Standard Rate PIP from the 18th June to 9th March 2016 both dates included.
Under how we'll pay you it says that 'We'll pay £54.45 into your account every 4weeks in arrears on a friday.
Phoned PIP because I read this letter as meaning my last payment of DLA would be today for approx. 2 weeks and that I would get a pip payment on friday of 2 weeks approx.
The dates for DLA stopping on the 17th june I took as allowing for the 4 weeks paid in arrears from the decision date of 19th may. I also took it that PIP paid in arrears from the 19th May would be paid this friday.
When I phoned PIP they have told me that my PIP payments start in 4weeks from the 18th June surely this cant be right?
PIP manager advised me to phone DLA. So I phoned DLA people and was told that they hadn't received anything from PIP about when to stop payments of DLA. I told the lady the date of the decision and the dates in the letter and she agreed with me that I should have had a couple of weeks of DLA 4weeks from the date of the decision as my payment before this month was 3rd june when i was paid 4weeks. She asked if I had phoned anyone else as someone had put a note on the system that i was querying the payment dates and for someone to call me within 5 days. i now have to wait for this call (I'll be lucky more like 5 weeks). She also said that I had been overpaid DLA.
Then I decided to phone job centre plus about the Severe disability premium form I had filled in sent by them to me on the 20th may which i sent back within a couple of days. A man called me back within 4 hours and said it was probably sitting in a drawer waiting for me to phone up I asked how come and he laughing said that they are put in a file and kept in the drawer until the client phones up chasing it. I was completely gob smacked and said well will you get them to take it out the drawer and sort it out then, he said he would arrange for someone from that department to contact me.
What a day don't feel like i'm getting anywhere any suggestions what to do?
Last edit: 9 years 10 months ago by Gordon.

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  • teabag
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9 years 10 months ago #122698 by teabag
Replied by teabag on topic PIP decision done by who?
Hi sorry i forgot to ask i've asked for a mandatory reconsideration on the pip decision would this affect my payments until they've made a decision.

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9 years 10 months ago #122701 by Gordon
Replied by Gordon on topic PIP decision done by who?
Teabag

DLA is normally paid in arrears every four weeks, you should continue to receive DLA for four weeks after the Decision date on your PIP claim, this is normally the date of the letter informing you of the Decision, I don't whether the DWP make any effort to tie up the PIP Decision date with the DLA payment dates.

I think you need to see whether this call back occurs as promised before taking any further action, but if does not occur or does not satisfactorily answer your questions then your next action should be to involve your MP.

Contacting your MP

I include the Severe Disability Premium in this as well.

Gordon

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