Mandatory Reconsideration - PIP

I have phoned the DWP four times and sent a recorded delivery letter to them (which they said they have received) and the ATOS medical report is still 'with the case manager'. I now only have ten days to receive the report, write an argument and have it sent back to them. I phoned as soon as I received the decision about my PIP.

Please help!

amberkindness wrote: I have phoned the DWP four times and sent a recorded delivery letter to them (which they said they have received) and the ATOS medical report is still 'with the case manager'. I now only have ten days to receive the report, write an argument and have it sent back to them. I phoned as soon as I received the decision about my PIP.

Please help!

Hi ak,

I have merged your latest post with your previous topic for continuity.

As previously advised, you should not miss your one month deadline to make a written request for your MR.

You can include comments of how you have requested your PA4 Medical Report but have not yet received it, so therefore your challenge is not exhaustive.

Although the PA4 will give you more insight into "why" you only received 2 points, you can still reiterate how and why you should have received more points whilst referring to the appropriate Activities and the applicable scoring Descriptor/s and cross-referencing to any evidence that you have.

Under The Data Protection Act 1998, even when you make a written request for personal information/documentation, DWP still have 40 days from receipt of the request to comply.

So you can't complain to : The ICO until the 40 days have elapsed.

See : DWP SAR Form Download

From this page :

DWP Data Protection Policy

You can request a "late" MR up to 13 months after an adverse decision, however you would have to show "good cause" for your late MR request which can be problematic.

You could enlist the support of your M.P. : Contacting your MP

bro58

Hello,

I hope this is what you mean by keeping posts all in one thread.

I was recently refused pip at tribunal. I feel terrible as thought I had quite a good argument with the help of a representative.

Initially the tribunal was going okay, the doctor was nice and I was asked open questions like what medication are you on and how am I compared to when the assessment was done. The doctor asked some questions which were fine. It was the disability person (however she qualifies) who was difficult, she was asking leading questions. Where I previously was able to discuss problems I had with washing and dressing. With her questions, I felt she was putting words in my mouth and on occasion they were neither true or untrue as I did cook for example but just not for seven days as she was trying to make out. As I was overly anxious, I knew what I wanted to say but couldn't get it out around her questions. If I was asked to explain my problems, I could do this. My representative picked up on this and asked me two or three questions.

The disability person then was firing questions at me such 'do you use facebook?' I don't see the relevance! Do you go shopping? I made a face as the pace of her questions were so fast and I was a bit taken aback. She then added 'only when it's quiet' I just said yes or no to some questions as it was too much. I managed to explain a bit about two to three descriptors (as the questions were open, it was the doctor who asked) but I feel I could have explained things better if I wasn't bombarded and asked these questions in such a manner. I feel if the tribunal still decided not to award me anything after I'd been able to explain things as well as I could, I would feel better as at least I did the best I could. I just feel angry and hurt with this panel members behaviour and the effect it had on me explaining to the panel the problems I have. It was obvious she had an agenda and kept smiling after I gave one word answers.

Just waiting on a statement of reasons. I am upset as I have been nervous for weeks before the tribunal, once I had known about the date and feel she wasn't using the correct protocol.

Is this kind of thing (panel members questioning) a breach or natural justice or is every case different?

Obviously I will know more once get statement of reasons.

Thanks for previous reply.

I spoke to my adviser and he's going to ask for S. 0. R. This can take months, so it's just waiting for this now.

Where is the pip guide can I find the bit on dealing with difficult panel members? (I saw this in a contents page but couldn't find it) I have been told the only thing that would happen if there is any error in law found, is going back to FTT.

My main concern is I find it hard to explain what the problems have been (at time of assessment) and are currently. I feel intimidated by whole process and difficult panel members and odd questions make it worse. This is related to high anxiety and dealing with people.

I am very upset as I know I have these problems but find it difficult to verbally express them.

Anyway, advise on pip guide question, above, would be welcome.