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TOPIC: PIP and mandatory reconsideration

PIP and mandatory reconsideration 1 week 4 days ago #247933

PIP and mandatory reconsideration, I am beside myself having gone through the assessment finally getting my hands on the 30 page report to see the lies and misrepresentation within it is just depressing. 20 years ago I was awarded mid care component and high mobility component. since then I have had numerous spinal surgeries and never once made a further claim despite deterioration of my condition. They have removed completely my mobility component. We completed the mandatory reconsideration and supplied a five page letter clarifying the points that had been misrepresented. This was along with the top Neuro surgeon’s letter and x-rays. They basically copied and pasted the assessors comments and ignored all of our responses. When contacting DWP I was advised that it would take up to a year for all this to go to tribunal. my perception during this conversation was that I would not be in receipt of any benefits during this period and as they had just been cut in half I made the decision not to go to tribunal. I have since had further surgery which is seen my spine fused from C2 at the base of my skull 2 to 2 in the middle of my shoulders. The discussion I had at the time lead me to believe that this was actually a new application and not a change of circumstances. Although I am outside of the 28 days I actually spoke to somebody with common sense of DWP yesterday who advised me to go for tribunal was continuing with my application. However there goes another tail DWP received my documentation on the 18th of March which we confirmed it was then passed to the assessors at the beginning of April. On contacting them yesterday I discovered that the assessors have returned my documents to DWP without comment decision or request for further information. Therefore my application has returned back to the assessors. Obviously with Covid I’m advised that the timeframe is a case of how long is a piece of string. I cannot believe some of the comments that are within the report such as “has good complexion“ what the hell does that have to do with my mobility. The assessor claimed I walked 60 m to the assessment. They were clearly advised that I had been dropped off at the front door because we had difficulty in finding it my husband then park the car. This has left me depressed anxious I’m really upset at the way in which the information given to them has been manipulated in order to justify turning down my application. Can someone explain to me how a nurse can overrule, a top Neuro surgeon. Who advise them of my limited abilities to care for myself or walk and that I was disabled. I was advised by somebody I know that they obtained their benefits by not washing to weeks and wearing old clothes. Clearly the fact that my husband take such good care of me has gone against my claim.Yes if I’m successful I will get the money back paid that is not the point it is the inhumane way in which people are being treated hence the petition that I have raised to go to government to stop this awful PIP assessment. I have contacted my local MP but obviously with Covid priorities are where they should be at this time and he has a copy of my application and I am awaiting the decision before taking further action if anyone has any pointers I would be very grateful to receive them. Thank you for allowing me to vent I really need to

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PIP and mandatory reconsideration 1 week 4 days ago #247943

Hi Sharon

Feel free to vent. I'm sorry this has happened to you. Only 17% of Mandatory reconsiderations are successful but about 83% of Tribunals are successful. That doesn't mean there's a certainty that you would win, but Tribunal Panels will certainly look very closely at the medical evidence and one of the Panel is usually a doctor.

As per the comments. It is shocking how often such comments are made when they seem to carry weight. However, don't believe that you were disadvantaged because you were well dressed. There are plenty of people who have been turned down for PIP when they've turned up in their pajamas. It depends on the assessor.

How can a nurse overrule a consultant you ask. There are a number of reasons why it can happen, but one of the problems that sometimes occurs is that consultant's letters don't relate to the specific PIP criteria and so it allows an assessor to confirm you have an issue but they decide whether it's bad enough to meet the criteria along with what you've written and they observe.

If you do go forward to Appeal, concentrate on the areas where you didn't score as many points as you expected to.

The comments liked she 'had a good complexion' are annoying, but either way, they will not score you extra points - so you can summarise comments like that in a final paragraph to say that the assessor's focus was not where it should have been!

BIS

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

PIP and mandatory reconsideration 1 week 4 days ago #247954

Apologies about the grammar but I have to dictate to my computer. In my case my consultant clearly stated, I was unable to care for myself, dress myself or even brush my hair. He advised that I was unable to walk any distance and this was unlikely to change in the future. That my surgery is not corrective surgery but basically scaffolding holding it all together. I cried at the assessment and was given a tissue, that is reported On and equals has good pinch and grip! I was in such pain he recommended that he not examine me. Report states I refused to be examined! My current X-rays would put the terminator out of work there is so much metal rods plates and screws. I have registered today to make a formal complaint re the assessor, but from what I have heard I am doubtful of any positive response. I am very isolated and really grateful for the forum in giving me a voice x

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PIP and mandatory reconsideration 1 week 4 days ago #247957

Hi Sharon

Unfortunately I am not surprised with what you have written, I assisted a claimant last year whom I thought would be a certainty to go from high rate DLA to enhanced PIP both components, they ended up std for mobility and nothing for daily living, we did a MR came back with the same result which meant CA would stop.

We then applied for an appeal, the claimant contacted me on Monday to say a backdate payment has been paid into their bank but no details as to what it is for subsequently found out it was for backdate of CA but still no news of PIP. When DWP was contacted to check what the payment was for was unable to say what components of PIP had been awarded but stated that CA dept usually finds out before PIP dept, so still no wiser.

So don't give up, we do see some horrendous stories on this forum, it may take a while but the majority come out successful.

Gary

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