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Punished for successful mandatory reconsideration?

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5 years 1 month ago #246049 by admail@aglarond.co.uk
Punished for successful mandatory reconsideration? was created by admail@aglarond.co.uk
Apologies for length of the following ‘background’.

In 2017 when I was ‘transferred’ to PIP I was awarded lower care and lower mobility. On mandatory reconsideration (MR) this became higher for both. In September 2019 DWP sent me review documentation which was completed and returned, with additional evidence, well within the 30 days.
I had a home f2f assessment in January when I had two people attending. One was the person who had carried out the PIP assessment in 2017 and the other, who actually carried out the assessment, was someone new to me. We were given no warning that there were changes to what had been confirmed just the previous afternoon.
I made the point at the start of the assessment that due to my anxiety I found changes to arrangements upsetting and they made me uncomfortable. The HP offered to leave the room but of course by then the main changes had happened, so I didn’t take up the offer. After they left I said to my wife how strange the assessment seemed and that I felt it was the person carrying out the assessment showing the HP how to do something, but as she has been doing the job since 2017 I didn’t know what it could be. When I got a copy of the report it seemed to me that the assessor (who was a Clinical Support Lead (CSL)) had been showing the HP how to ensure that all conditions were minimised and their impacts dismissed or diminished. If the DWP decision marker followed the report I wouldn’t get any PIP at all.
I made a complaint to Independent Assessment Services (IAS). In their reply (which didn’t really address most of the points) they did say that because a complaint had been raised with the previous report they decided that the HP should be accompanied by the CSL who would do the assessment as a ‘learning tool’ for the HP.

Has anyone else had this type of experience after a previously successful appeal/MR? I still haven’t got any decision from the DWP.

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5 years 1 month ago #246052 by Gordon
bfoandc

We do regularly hear from members that two assessors have attended, sometimes it is for training purposes and sometimes for review, which appears to be the case here.

You can't really make a link back to your previous assessment and the MR, I would be surprised if these new assessors were aware that one had been done.

Gordon

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5 years 1 month ago #246056 by admail@aglarond.co.uk
Replied by admail@aglarond.co.uk on topic Punished for successful mandatory reconsideration?
Well, it was IAS that stated that they had changed arrangements because of the earlier assessment:
The HP "was originally assigned to do the consultation but it was noted she had previously assessed Mr Hogan, and after that consultation a complaint was raised.
This was only brought to the attention of management the day before. The CSL agreed to do the consultation as a learning tool, rather than cancel the consultation and cause further issues."
I didn't complain about that first assessment report to the IAS but did ask for a MR.

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5 years 1 month ago #246058 by Gordon
bfoandc

I'm sorry. I missed that it was the same assessor as last time.

I assume you are still waiting for a Decision, you could contact the DWP with your concerns about the report but they will somewhat be defused by the complaint that you have made and had a reply to from IAS.

Gordon

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5 years 1 month ago #246061 by admail@aglarond.co.uk
Replied by admail@aglarond.co.uk on topic Punished for successful mandatory reconsideration?
I have responded to the IAS letter pointing out the lack of answers and asking some other questions which their answer raised.
Throughout I have kept the DWP informed and have sent copies of whatever I've sent to IAS. During this time I've also had a psychiatrist diagnosis of Asperger's and agoraphobia with panic. I've sent copies to both DWP and IAS.
I too was surprised that the HP and CSL knew about an earlier 'complaint' which was not to IAS. That is why I wondered if anyone else has had the same experience.

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5 years 1 month ago #246062 by Gordon
bfoandc

It is extremely rare, or at least members reporting it is, for a claimant to be assessed by the same assessor the second time around. We probably get no more than one or two posts on this a year and most often in anticipation rather than it actually happening.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: admail@aglarond.co.uk

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