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Really worried.

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7 years 1 month ago #183165 by Loubylou
Really worried. was created by Loubylou
Hi all,
Looking for some advice.
Applied for ESA in Feb 2016 after having to give up my career down to my Mental Health problems, was awarded in August 2016 and placed in the support group. I did not ask for the assesment report at the time as I was so relieved that the 7 month ordeal to get thus far was over for now.

I was encouraged to apply for PIP by my clinical psychologist, (I knew nothing of this benefit).
I made the application via telephone on 15/11/2016, the form arrived a week later, I completed it and returned it recorded delivery on the 01/12/2016 to get there by their deadline of the 15/12/2016.

The same week my pip form arrived for completion, an ESA 50 dropped through the letter box to be completed by the 23/12/2016.

My Psychiatrist called me on the 15/12/2016 to say that someone from the DWP had called regarding Pip and before he called her back, he wanted to seek my permission to have a discussion with her. I was more than happy for him to do this as he has far more information on how my condition affects me on a daily basis, rather than my GP whom I have a rushed ten minute appointment with every month.

I was horrified when he called me back to inform me that the DWP/PIP representative had only asked two questions. 1) What my current prescription list was. (He informed her that they do not have access to that information, it would need to come from my GP, to which she responded "yeah I tried to call them, but was told I would have to put that request in writing).
Question 2 was: "Would your patient be able to attend an assesment centre?" To which he replied, no I would not be able to do so due to my condition.
That was the only two questions he was asked, absolutely nothing regarding how I cope with daily activity.

I attended my GP for my routine monthly appointment on the 28/12/2016 and asked him if he had been contacted by the DWP regarding my PIP claim and he confirmed he had received no contact from them at all.

I received the dreaded brown envelope on New Years Eve, however the date on the letter was 23/12/2016. I was turned down for PIP, I scored 7 points on daily and 4 points on mobility.
It only took them 7 days to come to this decision without a f2f.

It was then I came across this site whilst looking for info on the MR process, which I submitted and they received it on the 17/01/2017. My Psychiatrist wrote a letter of support containing all of the information they should have asked him on the phone. I have yet to receive an answer, it will be 8 weeks come the time the new legislation comes in to action and I am worried that they are deliberately holding back making a decision til then? Especially when it only took them 7 days to come to the original decision, but 7 weeks on and still no word on MR. My question is......... are they likely to hold back making decisions to incorporate the new legislation, or is it just coincidence?

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7 years 1 month ago #183199 by Gordon
Replied by Gordon on topic Really worried.
Loubylou

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

The first thing to say is that the changes to the Descriptors will not affect you as your Decision is before they come into effect. An MR and appeal re-make that Decision and also apply from the same date. So it is not being held back because of the new Descriptors.

I would start by giving the DWP a call for an update on your MR, it is not unknown for them to lose them.

Have you requested a copy of the assessment report?

Did you just ask for an MR or did you provide reasons why you thought the Decision was wrong?

Gordon

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

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7 years 1 month ago #183209 by Loubylou
Replied by Loubylou on topic Really worried.
Thanks for your response Gordon.

I feel slightly better knowing that the new legislation won't affect this.
I have called them 3 times in the last three weeks for any kind of update and been met with the same response "it's in the system", and they do not have any indication of timescales, it has been confirmed they received it on the 17/01/2017.

My letter clearly stated request for mandatory reconsideration, firstly in bold and underlined as a header and also repeated in the first paragraph.

I did do a bit of research on government guidelines issued for HP's on paper based assessments where there are three reasons and the justifications for doing so, I can't remember word for word but the one I guess that they affiliated to me went along the lines of " medical history adds up, and something about condition being "moderate" . I do have it saved on a screen shot exactly the wording, this was the reason I never requested an assessment report as I thought that it wouldn't contain much info and was keen to have the MR back asap rather than wait on the report being sent. Maybe I should request it or would that add to the delays? I also found out the HP was a nurse, she was the person who had called the psychiatrist. Rather baffled as to why they would go to all the trouble of calling him and not ask him the relevant info?

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7 years 1 month ago #183233 by Gordon
Replied by Gordon on topic Really worried.
Loubylou

Requesting the assessment report won't delay the MR but it will give you an idea as to why you did not receive an award.

Gordon

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

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7 years 1 month ago #183240 by Loubylou
Replied by Loubylou on topic Really worried.
Thanks Gordon,

Sorry forgot to insert in my original post that I requested a SAR, the 40 day deadline is up on Monday, I shall call and ask for a copy of the assesment report as it will probably turn up quicker.

I found the screenshot regarding HP reason for paper based assesments, I believe they have used the following "the claimant questionnaire indicates a low level of disability, the information is consistent, medically reasonable and there is nothing to suggest under reporting".

I based my MR on this reasoning as my questionnaire was completely the opposite, also submitted alongside letter of support from Psychiatrist, my appointment with him was after the deadline for original pip application deadline so could not have submitted this info any sooner.

Guess I shall just need to keep my fingers crossed for now although I'm not very hopeful.
The following user(s) said Thank You: Gordon

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7 years 1 month ago #183904 by Loubylou
Replied by Loubylou on topic Really worried.
Hi Gordon, I would be grateful for your assistance on the following:

I requested the Pip assesors report as you suggested, received it today and to my horror discovered that they actually awarded 9 points in DL, whoever typed the award letter has missed out the two points on the dressing and undressing descriptor!

As I posted earlier I have been waiting 7 weeks and counting on a MR which turns out was completely unnecessary as had the points awarded to me been added up correctly by the case manager, I would have been awarded the Standard Rate for DL from 23/12/2016.


What do I do now?

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