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PIP MR feels unfair
- Lb777
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1 year 3 months ago #282525 by Lb777
PIP MR feels unfair was created by Lb777
Hi all
I recently was awarded PIP at standard rate for both, after getting a copy of my assessment report the was so so much I feel was missed out and disregarded that I said so I put in a MR as I feel I should of got enhance, they rang me last Friday and I answered and he said he was from the PIP about my MR and that I was sending in info and he couldn’t see it, (I know they have it as I rang previously and they confirmed they had it)
So I Explained to him I send it in before my decision was made as I had my report right away and send in a letter with all things I didn’t agree with etc. this is the letter I know they received, unfortunately they received it on the say my decision was made so it prob wasn’t looked at in time, so i told them I wanted to a MR and that I had already sent in a letter kind of a MR before the decision was made and she said that’s fine they’ll use that as the mr as basically I would of sent the same letter for a MR
Anyway I requested they call me when they was making or made the decision, they didn’t do this they instead again disregard everything, when I called up to question it a case manager said that it was noted he rang ans spoke to me about activity’s, he absolutely did not do this, he only rang to ask about the info he Couldn’t find, anyway my question is I know I can go tribunal but is the anything els I do if I feel they haven’t handled this fairly? They lied about calling me and what wa said and they never called likes I asked l feek it’s just not been done completely correct and rushed or disregarded the fact he said he couldn’t see my info worried me as I know it was there for sure.
Just feel it’s not been handed fairly enough
I will if I get the nerves up to do it take it to tribunal am just worried if I can cope with it and al the waiting
I recently was awarded PIP at standard rate for both, after getting a copy of my assessment report the was so so much I feel was missed out and disregarded that I said so I put in a MR as I feel I should of got enhance, they rang me last Friday and I answered and he said he was from the PIP about my MR and that I was sending in info and he couldn’t see it, (I know they have it as I rang previously and they confirmed they had it)
So I Explained to him I send it in before my decision was made as I had my report right away and send in a letter with all things I didn’t agree with etc. this is the letter I know they received, unfortunately they received it on the say my decision was made so it prob wasn’t looked at in time, so i told them I wanted to a MR and that I had already sent in a letter kind of a MR before the decision was made and she said that’s fine they’ll use that as the mr as basically I would of sent the same letter for a MR
Anyway I requested they call me when they was making or made the decision, they didn’t do this they instead again disregard everything, when I called up to question it a case manager said that it was noted he rang ans spoke to me about activity’s, he absolutely did not do this, he only rang to ask about the info he Couldn’t find, anyway my question is I know I can go tribunal but is the anything els I do if I feel they haven’t handled this fairly? They lied about calling me and what wa said and they never called likes I asked l feek it’s just not been done completely correct and rushed or disregarded the fact he said he couldn’t see my info worried me as I know it was there for sure.
Just feel it’s not been handed fairly enough
I will if I get the nerves up to do it take it to tribunal am just worried if I can cope with it and al the waiting
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- BIS
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1 year 3 months ago #282540 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP MR feels unfair
Hi Lb777
If you're not happy, then you can put in a complaint. You could put in a subject access request and try and find out whether the telephone call was recorded - some are for 'training purposes'. I don't know whether you recorded the call or kept a detailed record of what was said on the day of the call. Without some record, you may struggle to make your complaint stick. I'm not saying you shouldn't put in for one, but what outcome are you hoping for?
You asked to be phoned before they made the decision, and they didn't do this - but it's not normal protocol, and even if they admit it, they will just apologise - it wouldn't actually make any difference on the decision.
Your letter didn't get to the DWP before the decision was made, and as I told another member this week - the DWP can make the decision at any time, so it is a matter of luck whether a letter is received and read on time. The DWP will always argue that the Mandatory Reconsideration is the process for challenging the decision letter.
They appear to have disregarded your evidence - this is what many people complain of - the DWP will say that's what the Appeals process is for.
A member of staff has lied or not recorded something you said - as already stated; you need proof. Even with the proof, I suspect it will make no difference.
You could complain about the original assessment report - but you would have to show that the original report was of such poor quality that it made the MR unfair. This is difficult to do - and the few ones that are overturned through the complaints process are generally ones where they have mixed up information from a couple of claimants, or there is so little information in the report it doesn't meet the standards set out.
I know you think the report was rushed, but you're unlikely to win on that - if it has been through their normal process.
Ask yourself - how much energy you have to pursue this. You could put in for your Appeal first - so you have started the process and then put in a complaint, or you could put in a complaint and put in a late Appeal or you could choose to accept the current offer and later put in for a change of circumstances and bring forward another review. Only you can choose what you want to do.
BIS
If you're not happy, then you can put in a complaint. You could put in a subject access request and try and find out whether the telephone call was recorded - some are for 'training purposes'. I don't know whether you recorded the call or kept a detailed record of what was said on the day of the call. Without some record, you may struggle to make your complaint stick. I'm not saying you shouldn't put in for one, but what outcome are you hoping for?
You asked to be phoned before they made the decision, and they didn't do this - but it's not normal protocol, and even if they admit it, they will just apologise - it wouldn't actually make any difference on the decision.
Your letter didn't get to the DWP before the decision was made, and as I told another member this week - the DWP can make the decision at any time, so it is a matter of luck whether a letter is received and read on time. The DWP will always argue that the Mandatory Reconsideration is the process for challenging the decision letter.
They appear to have disregarded your evidence - this is what many people complain of - the DWP will say that's what the Appeals process is for.
A member of staff has lied or not recorded something you said - as already stated; you need proof. Even with the proof, I suspect it will make no difference.
You could complain about the original assessment report - but you would have to show that the original report was of such poor quality that it made the MR unfair. This is difficult to do - and the few ones that are overturned through the complaints process are generally ones where they have mixed up information from a couple of claimants, or there is so little information in the report it doesn't meet the standards set out.
I know you think the report was rushed, but you're unlikely to win on that - if it has been through their normal process.
Ask yourself - how much energy you have to pursue this. You could put in for your Appeal first - so you have started the process and then put in a complaint, or you could put in a complaint and put in a late Appeal or you could choose to accept the current offer and later put in for a change of circumstances and bring forward another review. Only you can choose what you want to do.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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