Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.

Professional Members

We support both claimants and professionals.  These are just some of the organisations who have subscribed to Benefits and Work:

  • Royal College of Nursing
  • Spinal Injuries Association
  • Chesterfield Law Centre
  • Coventry Mind
  • Birmingham Citizens Advice Bureau
  • Colchester Borough Council Welfare Rights

Read more

Welcome, Guest
Username: Password:
Remember me. Note: ticking this may affect members file download ability.
Members

TOPIC: Telephone interview details

Telephone interview details 1 week 1 day ago #175154

Deep down I probably know the answer but thought best to check just in case there is anything else I could/should do at this stage.

It's a month since I asked for a MR, I called DWP earlier and they say it's still waiting to be looked at. Also nobody has yet decided if a new assessment will be requested because they believed the one done some weeks ago was deemed unsafe. Almost three weeks ago I was told that decision would be made "quickly".

Needless to say Capita have not responded to my formal complaint about the Nurse who carried out the assessment, so they are well outside the 20 days to respond as detailed on their web site.

My own MP and also the Minister for Disables People are in receipt of copies of everything and the NMC confirm they have also asked Capita to investigate.

What is playing on my mind is that it's several weeks since I received the decision letter and notification of the reductions to my previous lifetime higher rate DLA and Mobility awards. This in turn led to notification from DLA that they had made my last payment, or part payment due to the change to PIP and of course at the same time last Mobility payment for my car.

What are the legalities/requirements if any when payments have been reduced/stopped and a MR is in progress ? I know you said that if they decided the previous assessment was deemed unsafe then the MR should be put in to abeyance until a new Decision can be made.

As they are procrastinating making any decision on anything where do I stand ? Do I have any right to ask for a decision one way or another so I know where I sand financially ?

Many thanks for any guidance.
The administrator has disabled public write access.

Telephone interview details 1 week 1 day ago #175164

  • Gordon
  • OFFLINE
  • Forum Moderator
B x

I'm afraid a Decision stands until it is revised or replaced, so I'm afraid you are stuck with the current award at the moment.

Unfortunately there are no timescales for a Decision to be made within and although it undoubtedly seems like an age to you, a month is actually not that long for an MR process.

I doubt the DWP are procrastinating, the simple truth is that they have far too much work to do with far too few staff to do it.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
The following user(s) said Thank You: B x

Telephone interview details 1 week 1 day ago #175168

Thank you Gordon, wise words as always.

I probably didn't explain myself properly, but my biggest fear is that if a new assessment is to take place, then this puts be back several months. You said that if this happens the MR should be put put in abeyance, does that mean everything will go back to that time and the award decision also, or will that still stand ?
The administrator has disabled public write access.

Telephone interview details 1 week 1 day ago #175171

  • Gordon
  • OFFLINE
  • Forum Moderator
B x wrote:
Thank you Gordon, wise words as always.

I probably didn't explain myself properly, but my biggest fear is that if a new assessment is to take place, then this puts be back several months. You said that if this happens the MR should be put put in abeyance, does that mean everything will go back to that time and the award decision also, or will that still stand ?

This is difficult as we rarely see this situation happen.

There's a "what should happen" and a "what probably will happen".

If the report is withdrawn then any Decision based on it should also be withdrawn although there is still an option to make a Decision based on the PIP2 and the evidence attached. If the Decision is removed then the MR will also be effectively cancelled.

The big problem is the DLA and we do have some experience of this. The claim will have been cancelled. If the Decision is withdrawn within the four weeks then in principle it should be possible to stop the termination of the DLA, however, I am not sure how practical this is to achieve.

If it is outside of the four weeks then the DLA will have bee terminated and the DWP are only required to re-instate it if it was cancelled due to an error, unfortunately, I do not think that your situation will meet this criteria. So I think the PIP claim will then be treated as a completely new claim for PIP made the day after the DLA ends but most importantly, payment will not then be made until a new Decision and award is made.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
The following user(s) said Thank You: B x
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
Time to create page: 0.226 seconds