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PIP decision, DWP will look again before MR

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4 years 2 months ago #244013 by Natalie
I’ve just had a PIP decision and it goes with the recommendation in the assessment report. The report contained opinions in a few areas that are not true and go against my evidence in the PIP2 form and a letter from my GP.

I sent further evidence from myself and the GP after receiving the assessment report and it was received in the window of time before the decision was made. It has been confirmed this has been taken into account. This further evidence clarifies certain points and argues some of the HP’s opinions are incorrect.

When I called last week about the decision, they called back later that day and asked a few questions. They said they will call back this week and let me know if the decision has changed. They want to do this without getting involved with a Mandatory Reconsideration at this stage.

My question is, is this a regular thing?

I’m really worried. My claim is based on mental health grounds and it was a paper based assessment because of risk to my health. I’m moving from DLA to PIP.

Thanks,
Natalie

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4 years 2 months ago #244019 by Gordon
Replied by Gordon on topic PIP decision, DWP will look again before MR
Natalie

It is not usual for the DWP to contact you but we do hear it happening and more so recently and we have had members report that the Decision has been made in their favour, I'm afraid you will have to wait and see what they say when they call.

Gordon

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

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4 years 2 months ago #244124 by Natalie
Replied by Natalie on topic PIP decision, DWP will look again before MR
Thanks Gordon,

I’m still waiting to hear and will post back after I’ve heard - hopefully with good news.

One thing that has occurred to me is I gave permission to use the information from my DLA claim, in addition to the PIP2 and further evidence. I’m completely aware that it’s a different set of criteria for PIP, but the information on my previous DLA form lends support to my arguments that the HP’s opinion is incorrect and that my evidence is consistent. There's nothing in the DLA form that contradicts my PIP2 evidence.

Would the HP have had access to the last DLA form and is this something I should mention to DWP when they call to support my case?

Thanks
Natalie

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4 years 2 months ago #244138 by Gordon
Replied by Gordon on topic PIP decision, DWP will look again before MR
Natalie

If the DLA information was available, the DWP routinely destroy claim information when it is no longer needed then it should have been made available to the assessor, whether they considered that it had any value you will have to see in the report.

Gordon

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

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4 years 2 months ago #244143 by Natalie
Replied by Natalie on topic PIP decision, DWP will look again before MR
Thanks Gordon.

I've looked on the PIP assessment report (PA3) and the DLA form (DLA1A) was not used - no mention of it. I know it had not been destroyed just weeks before my DLA to PIP arrived, as I did a ‘Right of Access Request’, because of ESA problems. I think I’ll bring this up if I’m still having problems with DWP sticking with the HP’s opinion, as it does prove consistency on my part.

Natalie

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4 years 2 months ago #244536 by Natalie
Replied by Natalie on topic PIP decision, DWP will look again before MR
An update on my post.

DWP called back last week and awarded enhanced daily living and enhanced mobility for 10 years (ongoing period) on mental health grounds, and I’ve just received the new award letter in the post.

Thankfully I was spared the process of MR and possible appeal, as I know this would have been very damaging.

It’s been a very stressful time and I’m glad to have closure on this. Thanks for the help with my questions on the forum.

Natalie

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