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9 years 4 months ago - 9 years 4 months ago #146494 by Johnny
Bad news was created by Johnny
Received PIP decision today. Scored 7 points Daily Living and 4 on Mobility. How convenient to have been short 1 point for standard WITH NO FACE TO FACE ASSESSMENT. The decision highlighting points given was laid out as if someone gave no consideration whatsoever to what I wrote in the PIP2. For example, I informed in the PIP2 that I DON'T AND CAN'T COOK. Yet, the decision maker put down, 'You need prompting from another person to cook...2 points. I did not say in the PIP2 that 'I need prompting...' but that I CAN'T COOK AT ALL!! How can a decision maker change the information I provided to suit themselves?

It goes on to say I can read basic information etc when I told them on PIP2 form I can't!!!

It gets worse. But I phoned them and lady I spoke with was very surprised a decision like this can be made without a face to face.

They are passing on my concerns for MR. Any advice on what I should do next?
Last edit: 9 years 4 months ago by .

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9 years 4 months ago - 9 years 4 months ago #146500 by
Replied by on topic Bad news

Johnny wrote: Received PIP decision today. Scored 7 points Daily Living and 4 on Mobility. How convenient to have been short 1 point for standard WITH NO FACE TO FACE ASSESSMENT. The decision highlighting points given was laid out as if someone gave no consideration whatsoever to what I wrote in the PIP2. For example, I informed in the PIP2 that I DON'T AND CAN'T COOK. Yet, the decision maker put down, 'You need prompting from another person to cook...2 points. I did not say in the PIP2 that 'I need prompting...' but that I CAN'T COOK AT ALL!! How can a decision maker change the information I provided to suit themselves?

It goes on to say I can read basic information etc when I told them on PIP2 form I can't!!!

It gets worse. But I phoned them and lady I spoke with was very surprised a decision like this can be made without a face to face.

They are passing on my concerns for MR. Any advice on what I should do next?


Hi J,

Unlike ESA, where a claimant cannot be found fit for work without first having a face to face assessment, with PIP any decision can be made, including no award at all, without having a face to face, and on a paper based assessment alone.

Even though you have registered your request for an MR verbally, I would back this request up in writing to arrive back at DWP PIP no later than one month from the date of the PIP Decision Notice letter.

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.

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

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.

See also : PIP Self Test

PIP Points Scoring System

&

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

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
Last edit: 9 years 4 months ago by .

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9 years 4 months ago - 9 years 4 months ago #146503 by Johnny
Replied by Johnny on topic Bad news
Many Thanks bro58

I called and requested a case manager to phone me in next few days. If I decide to write, should I use DWP address on award letter?
Last edit: 9 years 4 months ago by .

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9 years 4 months ago #146506 by
Replied by on topic Bad news

Johnny wrote: Many Thanks bro58

I called and requested a case manager to phone me in next few days. If I decide to write, should I use DWP address on award letter?


Hi J,

The Case Manager "may" call you, but don't "bank on it" !

Yes, you can address your MR request to the address on your PIP Decision Notice letter !

bro58

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9 years 4 months ago #146572 by Johnny
Replied by Johnny on topic Bad news
With some help, I have written a 3 page letter asking for MR. There are a few things included in response to what seems to be a 'casual attempt', to distort the facts in my PIP2 form, which may or may not surprise you all.

In response to my PIP2 form to assessor took it upon themselves to 'second guess', what I may have meant in some of my claims.

He states, Preparing food: ‘You need prompting from another person to prepare food or cook a simple meal’.

My response to this, 'To be clear on this! I made no mention of having to be prompted to cook or prepare a meal but did set out to explain, I CANNOT PREPARE AND COOK FOOD! I don’t know who within DWP decided that ‘You need prompting from another person to prepare food or cook a simple meal’ when I clearly said, I CANNOT PREPARE AND COOK FOOD! Did they not read it?

With regard to this in particular, in Q3b –Preparing Food, the question is asked: Do you need help from another person to prepare or cook a simple meal?

In answering this I ticked ‘yes’, but this ‘yes’ was intended to point out that I CANNOT PREPARE AND COOK FOOD, which I pointed out in detail in the box provided for extra information. I considered the question, Do you need help from another person to prepare or cook a simple meal? as meaning to include, not been able to PREPARE AND COOK FOOD. The reason being, as I stated, I have been warned to avoid it because of my mental state which includes leaving the gas on etc. I am also not allowed to use other aids because I may harm myself. Is there a possibility that no one could read what I wrote? Because in signing the PIP2 form regarding to my poor mental state and to the danger involved, I would not lie. If you need a statement from the person who cooks and prepares meals for me I will provide it, or if you wish to meet them you can arrange a home assessment. So, in answering Q3b, I repeat, I CANNOT PREPARE AND COOK FOOD. This allows for a score of 8 points. If I am mistaken please explain'.

I go on, 'Secondly, in relation to:

Managing therapy or monitoring a health condition:

I take it this refers to Q5, Managing Treatments. You stated, ‘You either need an aid or appliance to manage your medication, or you need supervision, prompting or assistance from another person to manage your medication or monitor your health condition’.

Well, of course I use an aid which is a Dosette box, but I did try to point out in the box provided that I do indeed need supervision, prompting or assistance from another person to manage medication or monitor health condition that takes up more than 14 HOURS A WEEK. Maybe I should have included that this supervision is usually between 18-20 hours a week, because I understand anyone needing ‘SUPERVISION, PROMPTING OR ASSISTANCE TO BE ABLE TO MANAGE THERAPHY THAT TAKES MORE THAN 14 HOURS A WEEK’ is entitled to 8 points. Please explain if that is not the case, because I was not given the chance to describe it as such in a face to face. Again, I can supply details of the person who does this for me'.

And finally here, (but my letter has more)..

'Thirdly, in the letter you sent you stated the following regarding: Reading and understanding signs, symbols and words: ‘you can read and understand basic and complex written information either unaided or using glasses or contact lenses’.

But this does not take into account my having to need prompting to be able to read OR UNDERSTAND complex written information. Which scores 2 points. Evidence of this need for prompting can be found in my Care Plan Assessment evidence, a copy which I sent to you, which states, (page 2, first line.) Quote, ‘Memory and concentration: Loses things in living space, struggles to remember appointments and reading is difficult’. In other words, I need help and prompting to focus and deal with complex issues that involve reading'.

I could go on, because there's more the decision maker 'has guessed'!! I counted 26 points that I should have been awarded and all this because the assessor did not give me the opportunity to have a face to face in order to prove my case. He also changed my reasons for needing Mobility and added 4 points while totally ignoring my claim that 'I CANNOT FOLLOW THE ROUTE OF AN UNFAMILIAR JOURNEY WITHOUT ANOTHER PERSON!! As far as I recall I told you this in my PIP2 FORM. I have a health worker that comes to see me who will TELL YOU WHY I CAN’T!!! I can give you her details if you need it. This adds up to 10 Points. If I’m wrong please explain'.

I will post and see what happens.
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