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Any advice re this shambles please?
- Sammiem
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8 years 4 months ago #146080 by Sammiem
Any advice re this shambles please? was created by Sammiem
Hi
I hope somebody can advise. I had my PIP assessment on. This lasted 20 minutes as the assessor' computer was down.. Therefore she could not access my application. I received the decision, of which I'm claiming for living and not mobility, to see I had scored a zero in ever category.
My partner called DWP to raise mandatory reconsideration on 1st December to be advised that it will be noted on the system that it has been raised within the month and I would receive another form where I could detail my disagreements with the decision of each category.
Today I've received a letter stating that mandatory reconsideration has been acted upon and the decision remains unaltered! This all referring back to my partner's conversation with them on 1st!
I have called them today stating my utter disgust and the fact I have been lied to and am expecting a call back. I just wondered if anyone else has had this problem?
Any help would be greatly appreciated as I can see the tribunal route coming up. I feel so sorry for all the people, young and particularly the elderly who are entitled to this benefit but for want of a better expression are being totally mugged off!!
I hope somebody can advise. I had my PIP assessment on. This lasted 20 minutes as the assessor' computer was down.. Therefore she could not access my application. I received the decision, of which I'm claiming for living and not mobility, to see I had scored a zero in ever category.
My partner called DWP to raise mandatory reconsideration on 1st December to be advised that it will be noted on the system that it has been raised within the month and I would receive another form where I could detail my disagreements with the decision of each category.
Today I've received a letter stating that mandatory reconsideration has been acted upon and the decision remains unaltered! This all referring back to my partner's conversation with them on 1st!
I have called them today stating my utter disgust and the fact I have been lied to and am expecting a call back. I just wondered if anyone else has had this problem?
Any help would be greatly appreciated as I can see the tribunal route coming up. I feel so sorry for all the people, young and particularly the elderly who are entitled to this benefit but for want of a better expression are being totally mugged off!!
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- Gordon
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8 years 4 months ago #146083 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Any advice re this shambles please?
Sammiem
Welcome to the forum.
You have most certainly been misinformed by the DWP, there is no form sent out by the DWP in regard to an MR!
You have two options, ask for another MR, however, it is unlikely to result in a revision of he Decision unless you have a piece of new evidence that significantly undermines the assessment report, or carry on to appeal.
In either case have a look at the PIP Appeal guide which explains the process in more detail and has links to the forms that you will need to complete if you go to appeal.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Welcome to the forum.
You have most certainly been misinformed by the DWP, there is no form sent out by the DWP in regard to an MR!
You have two options, ask for another MR, however, it is unlikely to result in a revision of he Decision unless you have a piece of new evidence that significantly undermines the assessment report, or carry on to appeal.
In either case have a look at the PIP Appeal guide which explains the process in more detail and has links to the forms that you will need to complete if you go to appeal.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- foss27
8 years 4 months ago #146089 by foss27
Replied by foss27 on topic Any advice re this shambles please?
Hi
I would suggest you make a formal complaint detailing the chain of events from the assessor being unable to access your application. I would advise sending a copy to your MP.
Some people have posted on the forum that their MR was carried out too quickly without them being given the chance to submit additional evidence or contradict statements made on their face to face assessment or by the decision maker.
Unfortunately as advised above it will slow dwn your appeal and probably not change the decision if you ask for another MR. This is how the DWP now works to try to discourage as many sick and disabled as possible from fighting wrong decisions.
I would suggest you make a formal complaint detailing the chain of events from the assessor being unable to access your application. I would advise sending a copy to your MP.
Some people have posted on the forum that their MR was carried out too quickly without them being given the chance to submit additional evidence or contradict statements made on their face to face assessment or by the decision maker.
Unfortunately as advised above it will slow dwn your appeal and probably not change the decision if you ask for another MR. This is how the DWP now works to try to discourage as many sick and disabled as possible from fighting wrong decisions.
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