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decision made even not receiving the pip 2 form

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1 year 5 months ago #281020 by Spring 68
Still learning how to use this forum and i am doing the online training which is really good and helpful. Just a quick question. Is it usual for the DWP to make a decision even when they have not received me daughters PIP 2 form. Which got lost. She had an over the phone assessment and still only got 2 points for her dyslexia. Which I know now why. She offered three times in the interview to have a look at her notes and send in another form. Which the interviewee said everything would be covered in the interview., which seems to have no correlation to what what actually said. So she had to answer the questions from memory ( which is not good because of her dyslexia) The PIP decision did not make sense. The interviewer and assessor does not seem to be the same person? Still waiting for the information I requested under the access request notice which is close to the 40 day cut off period.

I have had to take over her appeal because off her mental health has suffered with this whole process. I am getting all the knowledge i can from B&W site so I can put in an appeal to the first tier tribunal service. ( have appealed and she has MRN) She has Severe Dyslexia, Endometriosis and BPD which has all being diagnosed.

Any comments would be very grateful, again many thanks.


i hope this makes sense

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1 year 5 months ago #281041 by Gary
Hi Spring 68

I have read your post a few times and I am still not sure if you have applied for a mandatory reconsideration.

The first thing you need to do is contact DWP and ask for a copy of the assessors report called a PA4.

When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation.

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

If you have already applied for a mandatory reconsideration then your next stage is to complete a submission and complete an online appeal application, you still need a copy of the assessors report to say what you disagree with and why.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Spring 68

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1 year 5 months ago #281045 by Spring 68
Replied by Spring 68 on topic decision made even not receiving the pip 2 form
Many thanks for the advice I sent a letter to the DWP re the subject access request like on this website. The time for this request is 23rd June 2023. We have x2 Mandatory Reconsideration letters she appealed against the first one but i sent it to the wrong address re the DWP instead off the Tribunal Service. They then sent a second Mandatory Reconsideration letter still no award. All the letters we sent had a certificate of posting and tracked.

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1 year 5 months ago #281052 by BIS
Hi Spring68

I don't know what information you asked for under the subject access request. I assume you asked for a copy of the PA4 - which was the assessment report. You didn't need to to that under the SAR - you could have just rang the DWP and got a copy in 7 - 10 days. It's hard to argue against the DWP's decision without that report. There will be more in it - than there will be in the Mandatory Reconsideration. So if you didn't ask for a copy of the report - it's not too late for your daughter to ring the DWP and ask for a copy of the report. You can make the call but she would need to be there to confirm she gives her permission for you to ask for a copy.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 4 months ago #281283 by Spring 68
Replied by Spring 68 on topic decision made even not receiving the pip 2 form
Many thanks for the advice got the PA 4 report back very fast after ringing them on the 23rd June. The DWP didn't seem to have an answer as why she hasn't received the SAR after they got the letter around the 21st april. Will follow the above advice and doing the online training, is it necessary to get a Patient Summary as per the advice on the course. The report has got her down again after the untruths in it and making phone calls is draining whilst being in so much pain all the time. She was shaking after the call for the PA4 form because the Dwp was not slowing down to give her time to read out her NI number getting the letters mixed up re her Dyslexia issues. she isnt the best person to make phone calls before trying to get PIP. Her partner is going to give supporting evidence and she is doing the diary from this site. I hope this make sense. All the medical information is correct to a point so that why i am asking the question re her Patient summary request. Many thanks again i hope this makes sense

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1 year 4 months ago #281311 by Mollie
I saw this today on Rightsnet which may explain re the SAR

"www.gov.uk/guidance/request-your-persona...or-work-and-pensions

‘There is currently a problem with this service at the moment.

We may not have received your request if you requested your personal information recently.

If you have not received your personal information, please submit a new request.

We apologise for any inconvenience’."
The following user(s) said Thank You: Gary, Spring 68

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