PIP medical assessment underscoring

Hello,

I received my official PIP award letter and, as expected, I was awarded 3 points DLC and 0 points mobility.

I posted to DWP a Mandatory Reconsideration request, where I clearly broke down where and why I believed I should score points.

While waiting for the MR, I coincidentally had to complete a Universal Credit Capability for Work questionnaire, UC50. This is because I have been signed off sick from work by my GP since Feb 2019 and have been claiming UC. Apparently, if you are signed off sick for four consecutive weeks, the DWP will automatically look to conduct a Work Capability Assessment (WCA). I didn’t receive a WCA request letter until Oct 2019. I wasn’t even aware it existed before October and, after reading about it (and asking a question about it on this website), I didn’t expect to receive a decision of Limited Capability for Work (LCW), let alone Limited Capability for Work and Work-Related activity (LCWRA). However, I completed the questionnaire as asked. I was then requested to attend a face-to-face medical. Following the medical, I was awarded LCWRA for 12 months.

The day after the date on my WCA award letter, my MR notice was created by DWP. The MR notice has barely addressed any of the points I made in my MR request. It does state, however, that the MR Decision Maker (DM) has taken into account my WCA Medical Report, the UC85. The MR notice increases my DLC points to 5 from 3, and Mobility remains 0.

I intend to appeal the PIP decision at Tribunal. Obviously, I want the tribunal to agree with me and increase my DLC points to at least 8, but preferably 12. I therefore think it is wise to seek professional representation.

Do you have advice on whom I should approach? Are Citizens Advice specialized and experienced enough in PIP matters to simply go through them, or are they too general in their experience and advice?

Also, the date on the MR notice letter was a few days before Christmas. I have been away for a couple of weeks so have only just received the notice. This means that there is just over a week for me to submit an appeal within the one month deadline. If I cannot get professional help or compile my arguments and evidence before next week, can I simply submit my appeal with a statement that evidence and reasons for my appeal are to follow, in order to ensure that my appeal is registered in time?

Separately; although this is just my personal, anecdotal experience, I found the WCA process to be more professional than the PIP process. Administratively, the contractor who conducts WCAs for my area, the Centre for Health and Disability Assessments Limited, was quick to communicate and arrange an assessment, and sent all letters and SAEs by 1st class post. Replies were professional and specific. The assessor was great and had specialized in the area of disability that is relevant to me. In contrast, Independent Assessment Services, ATOS, were slower, sent letters by 2nd class post and, despite the assessment centre I attended being large, gave me an assessor who was not appropriate or competent in my area of disability. Interestingly, in my MR request, I wrote that the PIP assessor had made fundamental errors in stating what some of my medications are indicated and prescribed for. The assessor clearly didn’t know what they were for (despite me explaining) and, rather than look them up, just guessed what they were for, and was completely wrong. I didn’t complain as such. I just stated the errors and corrected them. The MR DM wrote in his notice, “lf you are dissatisfied with the conduct of the assessor, manner of the assessment or wish to query the qualifications of the assessor you should raise this directly with them.” Can you believe this? It is the DWP who is responsible, and legally liable, for ensuring that their systems and assessors are fit for purpose. They cannot simply absolve themselves of their responsibilities because they have chosen to outsource their work to a substandard contractor.

Gordon,

Thank you. I have made an appointment with my local Citizens Advice. Unfortunately, they only have availability to see me the day before my appeal deadline expires but they say they would post the appeal on that day. I think I might just submit the appeal online and note that particulars are to follow, then see the CAB.

Bertie

Hi Gordon,

I submitted my appeal to the tribunal. I have not supplied any evidence. The four weeks period for the DWP to submit their response has passed. The Tribunal's Track Your Appeal service states that the DWP has failed to respond in time so the court has sent a reminder to the DWP. It does not say how long the court will give to the DWP to respond.

At what point can I ask the Tribunal to proceed regardless of whether or not the DWP has responded? Clearly if the court routinely writes to the DWP to remind them that they have passed the 4 weeks deadline for responding, then the reminder deadline becomes the de facto original deadline. But there has to be a point where it is considered unreasonable for a government department as large as the DWP not to respond to a court direction, and an appeal should be continued regardless, or a summary judgement made to find in favour of the appellant's appeal application.

I have looked for the answer in the guides and forum but have been unable to find it.

Thank you,

Bertie