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PIP Appeal Deadline and MP Complaint

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3 weeks 3 days ago #291797 by BirtyB
PIP Appeal Deadline and MP Complaint was created by BirtyB
I have been helping a friend with their MR. The friend contacted PIP twice after receiving their PIP renewal decision letter which saw a reduced award from enhanced DL to Standard. The points that were reduced were the same points that had been increased following a MR after their last review. The DM used reasoning that the claimant could drive and also that they could use a mobile phone and also that the claimant managed to open a tub of chewing gum and take a piece out while taking part in the video review. Alarmingly the DM stated that part of their decision was based on the fact that the customer was not currently under a consultant for Musculoskeletal or Mental Health conditions. PIP failed to send the HP Assessment report, so I submitted a MR based on what we had and also stated that the HP Assessment report was still needed and that further submissions might be made when the report could be studied. PIPwent on to make two telephone calls to the claimant asking questions about how her conditions affected her. During both calls the claimant again requested the HP Assessment report. The report was still not received and a MR decision was made to not change the award for the original decision. The claimant telephoned PIP and stated that she wanted to make a formal complaint and was told that they coudn't do this over the telephone and they would have to send a form out.
I made a formal complaint about PIPs actions in failing to provide the HP Assessment report and falsely stating that a complaint couldn't be made over the telephone to our MP. I alsoasked our MP to make the nature of the complaint known to Mims Davies, asking how PIP could be trusted to send HP Assessments reports to claimants before making a decision, when they cannot even do it when the have a legal duty to do it. I have received notification from the MP that they are going to take up the complaint with PIP. I have concerns now that a GE has been called and doubt if the MP will or can take the complaint forward. The claimant has since received the HP Assessment report and a letter stating that her complaint has been escalated, contary to what she was tpld on the telephone. My queation, the 28 day time limit to submit the appeal is fast approaching due to the postal delays and then actually receiving the much requested HP Assessment report. In my opinion the MR decision is not legal as the claimant was not provided with all the information that was needed to submit a compehensive MR request based on all the evidence that had been used in making the decision. The original decision was not that well worded and appeared to state that the DM had disagreed with the HP Assessment report. Now that I have had a quick look at the report the DM has just followed the points sugested in the report and probably meant that they disagreed with the previous award. Does the fact that PIP failed to provide the HP Assessment report and still made the MR decision without supplying the report and allowing for further submissions make the MR decision incorrect in law? Also if I wait for a result of the complaints, is that a reasonable enough excuse for submitting an appeal after the 28 day deadline. Many thanks in advance

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3 weeks 3 days ago #291798 by Catherine
Replied by Catherine on topic PIP Appeal Deadline and MP Complaint
Hello BirtyB, thank goodness your friend has a champion like you to support them through this! Well done.

On the matter of your complaint, it sounds as if has now been received and read by the DWP, so hopefully you do not need to take any further action on that. When the dust has settled from the general election you might wish to send a copy of your complaint to whom ever takes over from Mims Davies; as you suggest I doubt if anyone is going to be doing anything until after 4th July.

I don't know the answer to the question as to whether or not your friend's MR is legal - I suspect the answer is yes, since you were still able to put your case, even though you did not have the HCP's report in front of you. But that is just my best guess.

I would advise you to start an appeal now. Say that you disagree with the decision to only award Standard Rate Daily Living. Also say that despite repeated requests to the DWP they failed to send the PA4 report before the deadline for submitting a MR request. Indeed they have only just sent it now, following a formal complaint being made. When you have had a chance to study it you will make a fuller submission.

Then go away and write your best case. You can add it online electronically, but you will also be sent details of how to send additional evidence in the post.

What you submit will be sent to the DWP for their consideration, and they do sometimes change their minds at that point. So you do almost get a second go at a MR, it is just not called that. And you are also on the way to being able to make your case to a tribunal panel if you need to.

I hope that helps a little,
Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 weeks 6 days ago #291903 by BirtyB
Replied by BirtyB on topic PIP Appeal Deadline and MP Complaint
Just a quick note to add that I have been contacted by the MPs office and they have confirmed that the MP will still be taking the complaint forward with PIP. I am in the process of completing the Appeal submission now. My friend would prefer a paper appeal as she suffers from situational anxiety in the form of Neurotic depression, reactive type. Are paper appeals less effective than oral ones as in success rates? Many thanks

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2 weeks 6 days ago #291926 by Chris
Replied by Chris on topic PIP Appeal Deadline and MP Complaint
Hi BirtyB,

I suffer with social and travel anxiety on top of other things and have done 3 paper assessments in the past with a follow up telephone assessment, and whilst I had to take it to HMCTS everytime, I have won all 3 - so I think as long as what you say on the paper is similar to whats in our guides, then you should find that it shouldn't make any difference to the success of your appeal.

Chris.

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

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