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PIP - DWP's decision WORSE than Assessor's

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4 years 7 months ago #235748 by AlexBloomsbury
PIP - DWP's decision WORSE than Assessor's was created by AlexBloomsbury
Received the Assessor's Report yesterday + was stunned to find (using the B+W guide) that he'd given me 13 points or living and 24 (!!!!) for Mobility.

I feel such an idiot as I was so thrilled and on such a high that I totally forgot how the DWP can operate!

Tel call from DWP today - don't know why as missed it + not poss to ring it back.- so tel main PIP no. The "PIP man" said they had no trace of a phone call to me (!) but did have my PIP decision which was standard (11 points) for living and enhanced for mobility.

I don't know if a Decision Maker giving fewer points than the Assessor is unusual but it seems odd that, 2 years ago, the DWP entirely agreed with the Assessor (zero points - Tribunal changed to enhanced on both) but disagrees when a decision is "pro me".

Of course, not only do I lose the extra enhanced v standard cash but also the Severely Disabled bit. so will have to go to MR.

Has this happened to anyone + attempting/successs of a MR arguing pro an Assessor?

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4 years 7 months ago #235750 by BIS
Hi Alex

It is unusual for the Decision Maker not to award what the assessor has recommended, but you are certainly not the only one that this has happened to.

Obviously you are familiar with the process, but do look at the guide for putting in a mandatory reconsideration.

www.benefitsandwork.co.uk/help-for-claimants/pip

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 7 months ago #236047 by AlexBloomsbury
Replied by AlexBloomsbury on topic PIP - DWP's decision WORSE than Assessor's
"Official" Decision arrived +, as expected, 11 points for Living + 24 for Mobility. I've also received the letter telling me both that I'm getting more money plus that I'm getting c£70 less per week. Presumably tenses all over the place and loss anticipated but still galling and scary.

Only 1 point more to get so, given one extra "condition/disability" post the Tribunal's decison 18 months' ago, just hoping DWP can relent!

Thanks as always for your help.
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4 years 7 months ago #236155 by AlexBloomsbury
Replied by AlexBloomsbury on topic PIP - DWP's decision WORSE than Assessor's
Sorry, should have asked this yesterday.

The Assessor roughly agreed with the Tribunal with just 1 point difference – 1 more in two descriptors, 1 less in the other.

The 2 point difference between the Assessor's and the DM's decision was on "Communicating", he (and the Tribunal) gave me 2 points on this but the DM none.

As this is the main distinction between them, should I concentrate on this one or, just in case the DM can't be persuaded on this Descriptor, do you think I should try and challenge some of the others (just one point!) as well?

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4 years 7 months ago #236164 by BIS
Hi Alex

My view is that you should challenge any areas on the assessor's report where you think you should have scored more highly than you did. If it's just one question - challenge that one question, but if there are others challenge them all.

BIS

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