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TOPIC: PIP Disgrace

PIP Disgrace 1 month 2 weeks ago #170573

I have just had my decision from DWP with my change from DLA to PIP. I was on higher rate Mobility and High Rate Care. The decision came through and the Decision Maker gave Enhanced Rate for Mobility (Score 12) The Daily Living though was put down as Standard Rate (Score 11).
This felt bad enough but when I read through the "My Decision" I was shocked to see that this was based on a Face to Face Assessment/consultation where it was deemed I was in no discomfort or did not suffer any anxiety - I have NEVER had a face to face assessment. So the decision was based on a lie or maybe worse somone elses assessment. I rang and the first person was shocked and said I would have a call back so I could request a Mandatory Reconsideration.

The next day I received a phonecall who tried to persuade me not to do a Mandatory Reconsideration as they considered that the points given were right despite being based on a lie. He tried to "bully" me by saying I may not get anything at all if I requested one. I have e mailed my MP with a copy of the decision. How can they get away with this sort of lie. I filled in my form very carefully with your excellent guides, thank you. Not sure what will happen now? Scary!
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PIP Disgrace 1 month 2 weeks ago #170591

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

Welcome to Benefits and Work

I'm sorry you are going through this :(

Having requested a MR your job now is to write an explanation of how and why you should have scored points about the PIP descriptors. If you believe you have already done this, you should point out where this information can be found on the claim form and supporting evidence.

The points, descriptors and MR process are all explained in our PIP guide

PIP help for claimants

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about the MR without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it helpful too :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 month 2 weeks ago by Mrs Hurtyback.
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The following user(s) said Thank You: susie_o

PIP Disgrace 1 month 2 weeks ago #170995

Many thanks for your reply. I received another Decision Letter (not the Mandatory Reconsideration Letter) with the date on which I was spoken to last week. This very rude and patronising person that I spoke to has decided through the phonecall that I was (a) not in any discomfort and (b) not suffering from any anxiety throughout his conversation with me so therefore I do not have any difficulties in engaging with people face-to-face??

He also has removed the original decision makers remarks about a Face to Face Assessment and changed the award dates to one year less!! He has not put his name to this as it is still the original DM's name.

So I am now totally confused and anxious. I have rhuematoid arthritis in my hands/wrists, Graves Disease (which causes nervousness and anxiety plus palpitations) and my Osteoarthritis means I can hardly move without severe pain. Was I supposed to scream in pain down the phone? My question (which I tried to ask this morning but the computers were down!) is which of these letters will the Mandatory Reconsideration be based on - the one dated 12th September or the one dated 13th October? Anyone any ideas? :unsure:
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PIP Disgrace 1 month 2 weeks ago #171028

  • Gordon
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susie_o

Based on what you have posted this is a new Decision Letter and as such would mean that an MR has already been done!

Does the letter say "mandatory reconsideration notice" either as header or as part of the letter?

If it does then you have two options, you can try and force a second MR, but I have to warn your that MR revision rates are very low and you could just be wasting your time.

You can go onto appeal, appeal rates are significantly higher, currently in excess of 60%.

If you want to appeal then have a look at the PIP MR & Appeal guide, it has links to the SSCS1 form that you will need to complete and instructions on how to complete it.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: susie_o

PIP Disgrace 1 month 1 week ago #171519

Thank you gordon for your reply. I rang DWP and they were unaware that this person had reworded the decision and that it wasnt showing on their system? It is not headed Manditory Reconsideration just a copy of the original with the wording taken out about the assessment that never was and he put in that in his opinion I wasnt suffering any discomfort or anxiety but did not put his name on it just left the original DM on it.

It wasnt an MR so the lady suggested I should make a complaint against the person who rang me - this I did. She said that the MR was being done now and I should send any further evidence if I had any. The fact that the whole decision was based on an Assessment that I did not have surely they should "rework" the whole thing?
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PIP Disgrace 1 month 1 week ago #171536

  • Gordon
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susie_o wrote:
The fact that the whole decision was based on an Assessment that I did not have surely they should "rework" the whole thing?

I don't disagree, but if that is to happen and I am afraid I am not convinced that it will although happy to be proved wrong, then it will only be because of your going through the MR process, so you really need to make sure that you comment on this and other issues.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: susie_o
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