PIP MR to Tribunal

I put together a very detailed 8 page document challenging DWP’s decision to award me standard mobility and care for 3 years, where i outlined why 4 activities I was scored less than I believe in as well as the length of the award being too short.

Nearly 12 weeks later I have no change in award other than it now being on an ongoing basis. What does ongoing basis mean? Is this equivalent to indefinite/lifetime on DLA?

Secondly, in the explanations that the decision maker gave, my points just do not seem to have been addressed at all, it’s like they copy and pasted the previous notes! Is this normal practice?

Then to counter my point that the assessor misunderstood/misinterpreted certain points which I clarified in the MR, I am told to enquire with the assessment provider!!! Is this even acceptable?!

One of their “shaft the disabled” cards for my mobility is low dose analgesia. My MR rather bluntly explains that life doesn’t work by taking medicines per what scores you the most points for a disability benefit. There’s harm that comes out of taking NSAIDs continuously and that opioids would mean I can’t work due to their nature/effect. Now I have just read from your news section that since the 30/9/19, they cannot rely on that anymore, am I able to use this for my rebuttal when I begin the process of filling out the form to go to tribunal?

I fully intend to take this to tribunal. My main argument is that DWP have not even bothered addressing my points in the MR. I will then argue the low dose analgesia issue too.

I’m just furious as to how you can ignore someone’s points and not address them. I’m going to start on Monday to fill out the tribunal form. Do I have to write in detail the reason why or can I state what I have mentioned in this paragraph and then the activities I believe I have been scored incorrectly.

Apologies for the questions, really annoyed as my Motability vehicle now goes back very soon and I’ve been off sick from work and was due to start next month again, will be forced to use public transport and rely on taxis which I assure you doesn’t equate to the lower rate of mobility!

Thanks Gordon.

Is there any harm in me ringing DWP and asking them to explain themselves on the phone, I literally have not had my points addressed just we believe xx.

I’m confident that I can just reuse my MR as it was purposely detailed to not allow anything to slip through under the cracks.

It’s a joke that I had to ring them up after 12 weeks and they told me there’d been some mistake as the decision was made but they had not sent out the letter to me.

On Monday I will fill out the tribunal form simply stating that I am challenging activities x, y and z. That these were ignored by DWP at MR. I then wait for DWP to respond back to the tribunal service and me, then I need to submit my detailed claim.

The level of incompetence makes you want to sue the DWP but they’re allowed to get away with this.

Fred wrote: Secondly, in the explanations that the decision maker gave, my points just do not seem to have been addressed at all, it’s like they copy and pasted the previous notes! Is this normal practice?

[...]

I fully intend to take this to tribunal. My main argument is that DWP have not even bothered addressing my points in the MR. [...]

I’m just furious as to how you can ignore someone’s points and not address them. I’m going to start on Monday to fill out the tribunal form.

I don't know about "normal practice", but it's certainly what we've found. Just totally ignored everything we'd written, and I guess copied and pasted from another document, given all the errors there now are in the MR. I hope you have better luck with your appeal than we're having.

Hi Fred
If its any help to how you feel you are not alone i could actually be reading my partners situation. I have supplied a very detailed mandatory reconsideration and medical eveidnce for him. The Mandatorily decision was not changed and we feel the same anger that its not even been been looked at. His case is full of errors and information in one part that is not even about him.,they actually refer to her amd a dr we have never even heard of!

I believe there is no point speaking to them, but to usr the excellent guidance and guides on here, also if you het chance search your local area for welfare benefit advice such as your local CAB.

Try to put your anger to one side for the moment, easier said than done... The anger causes more anger and distress due to the totall injustice of it all and it sadly does not help you to have the strength to appeal as it makes you feel quite poorly and effects your health conditions or situation. Try your best to keep focus on those points you need and detailed account you already have, ... Check through it in case youve missed anything.... Try to jot down a plan as if your helping someone else...
If you have a type have olan it helps with, how do I do this? What needs doing next? Who could help in my local area such as CAB,...

Good luck with it all.... Please keep close in heart you are definitely not alone at the injustice. Please stay focused on just your facts, i to have to move my anget to one side and stay focused..

Meg