DWP PIP Mandatory Reconsideration Fun (asking for a friend)

Hello Folks!

I'm currently busy working on a DWP PIP Mandatory Reconsideration ("MR") submission for a relative, with a Deadline of the end of this week.

No pressure then.

Quick Initial Summary - DWP PIP Daily Living Enhanced Lost

We had assumed this would just be a light touch 10 year Review, but it was a hatchet job by a non-practising NHS worker, who had zero qualifications in mental health.

However, I can say, just in case, we did record the DWP PIP Assessment via Telephone (Autism and ADHD), so we have the receipts, as they say. It's taken ages to Transcribe that, in order to capture every single word said. But, now armed with this, we can already mount a fairly robust MR Request based around the actual evidence.

The interview was clearly scripted and calculated to persuade an autistic person to say all of the wrong things, so not about helping, but all about how to deduct points where ever possible. But these attempts were countered all the way.

I can say that everyone who has since listened to it, just cannot understand why the DWP elected to pull all PIP Daily Living, scoring down from over 25, to under 5, for no obvious reason. No changes, most issues worse, if anything. So no new evidence to warrant such a draconian Award Supersession.

New PIP Mobility Award Standard

We did win a new Award of PIP Mobility at the Standard rate, but only for 3 years, which is pointless and, as many know, will be looked at again after just 2 years. That should have been Awarded a decade ago, and should also have been picked up when the Law on PIP Mobility and Mental Health changed. DWP did not elect to do that when the opportunity arose.

PA4 Page Number Size

Anyway, as part of this fun, I'd be very grateful if anyone can please advise if the DWP Assessor's Report, which I gather is called a PA4, is a set number of pages? Such as a Form based report that the Assessor just types into little boxes, so likely to be the same number of pages when printed.

Or can the PA4 length vary if, say, it can include additional material beyond the actual PA4.

MR Bundle Plan

I'm just planning the MR Bundle (including the MR Request submission), and it's a bit of a jigsaw puzzle, as we don't yet have a copy of the PA4. So, despite our very best efforts to organise all that we needed, the DWP have dragged their heels to thwart our otherwise sterling efforts to achieve this within the time allowed to submit an MR Request.

Thus, we can only therefore send an incomplete MR Request, and an incomplete MR Bundle, albeit we can structure it, and allocate pages for the missing bits. That should allow us to fix the page numbering (AKA pagination) at the DRAFT MR Bundle stage, such that we just need to insert the missing bits, suitably numbered. Any spare pages can just be addressed with blank holding pages saying page ranges are not used because of DWP failing to provide the material until after the Bundle was created.

My Own PIP Experience

It may be helpful to know that I have previously had to fight my own DWP PIP battle, which I eventually won at Tribunal getting the PIP Enhanced for both Daily Living and also for Mobility (long story, long hard life, Motorcycles, HM Forces, Farming, lots of broken bits, now something of an old broken ruin). So I am broadly familiar with how the DWP works, and how it goes, right up to Appeal.

PA4 Request NOT Yet Actioned by DWP

Anyway, as seems to be their standard tactic, the DWP have elected not to action our request for the PA4, yet, that was itself made in writing immediately upon receiving the adverse DWP PIP Decision. We have proof of delivery, and they admit getting the request, but also recently 'fessed up to not doing anything about it.

Looks like it was somewhat down their To Do List.

Likewise, as we do not yet have the PA4, we cannot yet draft our analysis and rebuttal of it, so I am also having to allocate Bundle pages for that too, which is a pain.

Thus, the broad plan is to prepare a necessarily DRAFT MR Bundle, so that when we have everything and it can be finally completed, it's effectively almost hot to trot straight off to Appeal to the First Tier Tribunal, that's assuming the DWP also blow a raspberry after the MR Request.

Obviously, we would then also need to add our rebuttal of the MR Decision to the DRAFT MR Bundle, but if the MR Bundle is already well crafted and structured, then not much extra needs to be said when we light the blue touch paper for launching it off to the Tribunal.

DWP 15 Weeks to Issue MR Decision

DWP have said that provided the MR Request gets in on time, i.e. by the end of this week, then they have 15 weeks to issue an MR Decision, so we have "plenty of time" to both see sight of the PA4, and also to have our toot about that, for inclusion in the MR Bundle.

I can't say that I trust them not to do it a lot faster, to see off any additional material we need to add once we get the PA4.

The MR Bundle Plan in Detail

This is all very Chicken & Egg stuff, as we simply won't have it all by this Thursday, which is when we need to send off the MR Request, so any MR Bundle we do send, will be missing chunks, and in awkward places in terms of the chronology of the Bundle.

I know Judges like their Bundles to be sequentially page numbered (paginated), oldest last, latest first.

So, from the first page to the last, the MR Bundle by the time it gets to Tribunal, needs to eventually look like this:

DRAFT MR & APPEAL BUNDLE (so being prepared for Tribunal not just MR)

====================

TITLE PAGE <-- We can add that now, and just entitle that MR Bundle & Appeal Bundle. This will be PAGE 1.

TRIBUNAL APPEAL REQUEST <-- we can't do that, yet, but can allocate pages for that.

DWP MR DECISION <-- We don't have that, yet, but can allocate pages for that.

Our MR Request Part I <-- working on that now, but this cannot yet include the PA4 rebuttal.

Our MR Request Part II <-- we can't do that yet, but it's where we'll rebut the PA4.

DWP Review Decision <-- we have that!

PA4 <-- we don't have that, yet!

Transcription of DWP PIP Assessment Telephone Call <-- we have that!

DWP PIP Review Application <-- we have that!

====================

The only snag is that we cannot draft this all by the end of the week, so can only send a DRAFT Bundle that includes the Black, Orange and Green bits above, with just single holding pages for the missing Red bits, stating something like.

HOLDING PAGE FOR XXXX
PAGE 100 to 150 RESERVED

This is hard work now, but means the Tribunal Bundle will be easy to wrap up once we get the raspberry from the DWP at the MR stage, as seems highly likely given the stories from others who have experienced the same DWP tactics.

MR Decision Aim

Obviously, it is hoped that the DWP will see the light at the MR Request stage, and do the decent thing, and reinstate our relative's DWP PIP Daily Living at the previously Enhanced rate, plus at least DWP PIP Mobility at the newly awarded Standard rate, and all for a suitably long time, as the condition is life-long, and has not improved at all since the original diagnosis of Autism and ADHD, and the subsequent DWP PIP Daily Living Award at the Enhanced rate.

Delivery of MR Bundle Advice

Lastly, as time is tight, the plan is now to send off the MR Bundle either via Carrier (expensive, but reliable), or via Royal Mail Special Delivery (cheaper but not 100% reliable). So can anyone advise if the DWP Postal Address accepts deliveries from either, as it doesn't look like a proper geographical address. It looks like a mail sorting address, so Carriers may have issues even finding it.

Either way, this will go off on Thursday, for Delivery on Friday, which is the Deadline for the MR Request.

Indeed, I may call the DWP and ask them for confirmation that we can use a Carrier, or else let me have a proper physical geographical address with humans who can sign for a Delivery.

Data Subject Access Request

Lastly Part Two, we've also submitted a Data Subject Access Request to the DWP, to try and see sight of all the DWP PIP documents, going right back to the original Award a decade or so ago. The original DWP Assessment may be useful to have, because it was well done, and by someone who was suitably qualified and experienced in Mental Health issues.

Apologies for any typos, I'm a bit distracted getting this all ready!

All good character building stuff.

Jorvick88

Hello Gary!

Many thanks, for both the MR and also the DWP Data information, much appreciated.

Data Subject Access Request ("DSAR")

In fact, the DSAR has already been sent off via the DWP online Data Request Form, which I think Anjii posted on another Thread, the exact Thread now escapes me. Anyway, this is the DWP Link:

secure.dwp.gov.uk/personal-information-request/name

New MR Request Plan of Action

I had a nice hot shower, and pondered the issues, and have decided there is nothing to be gained by sending in half an MR Bundle along with the MR Request by this Friday.

So what I think we will now do, is split these up, send a very short MR Request first, and then follow up with the MR Bundle when we have everything we need.

We can state that the reasons the MR Submission in detail has to follow, is because we have yet to receive the missing (and requested) PA4, which we will need a short, but reasonable time, to analyse.

We will stress that we entirely disagree with the DWP Decision, because it is at odds with the Clinical Diagnosis and all known facts, but the errant PA4 is the missing link to better understand all key factors that had a bearing upon the DWP Decision.

However, I'm expecting it was almost certainly a very bad and disingenuous Assessor's PA4. The DWP Decision Maker ("DM") then just compounded that, when any cursory examination of the original DWP PIP Application, the original Assessment, the two subsequent favourable DWP Decisions that came after, and the recent DWP Review Application with piles of supporting Evidence would, or should, have alerted the DWP DM that there was a rabbit away with the recent Assessment.

It's demonstrably at odds with all the existing evidence.

Financial Pressure

I regret time is not on our side, as the budget constraints of having income suddenly slashed, are causing unexpected financial issues.

So, ideally, we need to address this ASAP.

If the MR Decision is just as bad, then we just add that to the MR Bundle in the allocated area for it, add the Submission to the Tribunal in front of that, and then immediately request an Urgent Appeal on the papers.

I hope that sounds like a good plan?

MR Request Delivery

We can now easily get the MR Request off tomorrow, so that should comfortably be there on Thursday if sent via Royal Mail Special Delivery. If Royal Mail then fail to Deliver on Thursday, then Plan B is we'll still have time to send a second copy via Carrier on Thursday afternoon, and get a second copy there, for sure, by the Friday MR Deadline.

If they get two copies of the "short & sweet" MR Request, they'll think Christmas has come early, or something rather less polite to that effect!

Any potential pitfalls with this new "short" MR Request strategy that anyone can spot, please do let me know.

Jorvick88

Hello BIS!

Many thanks. Hopefully this won't need to go to Appeal, the aim is to encourage the DWP to reverse the recent poor DWP PIP Decision at the Mandatory Reconsideration ("MR") stage.

That MR Request has now gone off, just as a basic request, as we need sight of the PA4 before we can complete the supporting submission to argue why the DWP need to think again.

I've chased the PA4 too via the same Request, so hopefully we'll get to see that reasonably soon.

I'm happy this was the way to do it, my initial plan to send in a part complete submission was not sensible, as the DWP would just make a meal of that, lose the later bits, not join the parts together, you name it, it would all have gone sideways!

OK, whilst waiting for the PA4, I'll complete the Transcription, and will prepare the legal arguments to give this our very best shot at the MR stage.

Sadly, our MR efforts may be ignored by the DWP, in which case off to Appeal we must go.

Like many, I am sure, we needed this extra hassle like a hole in the head.

Jorvick88