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Pip review - Award decreased

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5 years 11 months ago #230653 by backache
Replied by backache on topic Pip review - Award decreased
Hi

Just a quick update.


I rang dwp/pip today to enquire if my Mandatory Reconsideration request letter and additional evidence had all been received correctly by them.

A customer service adviser told me on the phone that my mandatory reconsideration had been logged onto their system and filed under 'tasks'

I asked him what he meant by 'tasks' and he said not to worry about it and that he would now 'register' my MR onto their system.

Out of confusion, I thanked him and hung up the phone without asking him to explain.


What do 'tasks' and 'register' mean in relation to a pip mandatory reconsideration?

I have never heard of these terms and wording before?

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5 years 11 months ago #230660 by Gordon
Replied by Gordon on topic Pip review - Award decreased
backache

I don't know why they would need to "register" your MR if it is already "logged onto their system", perhaps the call centre op wanted you to think that they were doing something to help you!

"Tasks" simply means that it is in a queue waiting for someone to look at it.

Gordon

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

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5 years 11 months ago #230718 by backache
Replied by backache on topic Pip review - Award decreased
OK thanks Gordon.

I received a text message this morning from DWP. It reads;-

"You've asked us to look at our recent PIP decision again.
We will write to you once we've done this.
As a guide you should hear from us within 6 weeks.
You don't need to contact us unless any of the details you gave us have changed.
Thank you."

I have a question please -

Who looks again at this recent decision?
Is it a Case Manager or a Decision Maker?

thanks
backache

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5 years 11 months ago #230721 by Gordon
Replied by Gordon on topic Pip review - Award decreased
backache

I use the term Decision Maker as a generic term for anybody in the DWP who makes Decisions, whilst staff have to be trained and appointed to make Decisions with the introduction of PIP the DWP expanded the role and I regularly hear of titles such as Claims Manager or Case Manager, so all I can say is that an MR should be looked at by a different Decision Maker but what their actual title might be is anybody's guess.

Gordon

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

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5 years 9 months ago #233810 by backache
Replied by backache on topic Pip review - Award decreased
Hello to everyone.

UPDATE

I have received my Mandatory Reconsideration Notice with some good news and have been partially successful.

I have been awarded and had reinstated my Enhanced Daily Living but still no Mobility award.

Strangely, my daily living descriptors, where previously the points had been taken away and that I disputed and sent further evidence at MR stage were not changed or reversed in my favour.

But, instead I was awarded 4 points under another descriptor 'Making budgeting decisions' which I was not disputing and never sent any evidence to support this descriptor. How odd? And strange decision making?

Fortunately, this now takes my score to 14 points for enhanced daily living. I am very pleased with this.

Unfortunately, I still received no mobility award.
No points for Planning and following a journey and no points for Moving around.

I feel strongly that I should have scored points in both these mobility areas as I explained in detail how I meet the criteria and supported my claim with lots of medical evidence.

I have some questions.

1 Should I appeal the decision at Tribunal based on not receiving any mobility award?

2 Can I appeal against the Mobility part only or will the whole award be looked at by a Tribunal?

3 Is my Daily living award at risk of being taken away by challenging the Mobility part?

Many thanks
Backache

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5 years 9 months ago #233811 by Gordon
Replied by Gordon on topic Pip review - Award decreased
backache

Congratulations on getting the Daily Living award revised.

to answer your questions

1. It's your decision we can't offer any advice on whether you should request an appeal or not.

2. Yes, you can appeal just the Mobility component. There should be no reason why the Tribunal panel would look at the Daily Living award but they do have a duty to ensure that the award in total is correct, see my answer to (3).

3. If the Tribunal panel believes that your new Daily Living award is in danger then the Judge in charge of your appeal is obligated to warn you of this and give you the opportunity to withdraw your appeal.

Gordon

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