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A has been made on Mistake on Assessment report

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4 months 2 weeks ago #297095 by Astee
Hi All,

I have just received my PIP review descision. Given the huge discrepancies between what I said in my assessment and what they wrote, I was expecting to have to appeal.
My condition has worsened in the 3 years since my original award, mostly to do with mobility, I had standard and now believe I qualify for enhanced. I already had enhanced daily care and so did not claim any major changes with the daily living activities. So I was shocked to see my award had been reduced by 6pts which now left me with standard daily living
The descision maker has of course gone with the exact descriptors the health professional recommended, but the health professional has made a big error. On 3of my activities she has written the wrong descriptor from my previous report
So she has said previous pip report advised 1b-which gives 2 points
But my previous report was actually 1e which is 4 points
She has done this 3 times losing me thev6 points as she has said no change so stuck with what my current award was-or what she incorrectly stated it was.
Is this something I may be able to get looked at without having to go through a mandatory reconsideration on the basis a clear error was made rather than disagreeing with a descision?
I sent the form back in April, they've said an MR could take 15 weeks and my payment has already reduced. If this is something that may be an option, how would i go about it? Any advice gratefully received, although inhave a feeling I know what what's coming. Here's hoping 🤞🏿

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4 months 2 weeks ago #297129 by BIS
Hi Astee

I'm sorry that you find yourself in this position. Unfortunately, the only way to question what you have been awarded after the decision letter has been issued is through the Mandatory Reconsideration process. They won't just look because you think a clerical error has occurred. Even if you ask, they will tell you to put in an MR. If you win, then the money will be backdated.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 months 2 weeks ago #297136 by Astee
Thanks for your reply
I figured this would be the case, but usually an MR is disputing the decision, I've never been in a position where there was a clear error in fact, it's always been, I think i qualify for 4pts not 2 because xyz. And arguing that something hasn't been fully understood or taken into consideration
I had a small hope that an actually factual mistake might give rise to an option that didn't come with a further 15 weeks wait attached to it, just for the MR to uphold the descision as it invariably does
Thanks anyway, I thought it was worth asking
Eternally grateful for B&W constant reminders to record assessments
I've also put in a complaint to SERCO regarding my assessment report which is a more imaginative work of fiction than lord or the rings!
Onwards we go!
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4 months 2 weeks ago #297189 by BIS
Hi Astee

Good luck with your complaint. If you are up to it and happy to share, we would love to hear about the outcome when you get it.

BIS

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

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4 months 5 days ago #297425 by Astee
Will do. As soon as ove had a response I will come back with the outcome
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2 months 3 weeks ago #298036 by Astee
Quick update
I have had a response from Serco regarding the complaint i submitted regarding the quality of the assessment report. It is a very long responseband it has casually chosen not to mention the most damning parts of the report, but the upshot is my complaint has been upheld! it would have been nice If this was done before my descion was made as I have been told i will not hear back regarding my MR until March, but hopefully the new report will be taken into consideration in the MR.


The final paragraph reads

"Upon completion of the clinical review, the CCL (complaints clinical lead) has identified that the report has not been completed to the standard expected. Whilst there's evidence of significant restrictions within the report, they have not been fully addressed or established. The report lacks consistency of information gathering and the justifications do not appropriately support some of the chosen descriptors
Following the review,the CCL has submitted advice to DWP recommending ammendments to the assessment report. And I can confirm these have been submitted.


Oddly I have also received a letterbox PIP saying they now have all the evidence they need to decide my claim? I can only assume this is what that letter is referring to,isn't too much to hope that will disregard the original descsion given this new evidence and the MR doesnt need to go ahead? Who knows, I will come back once I have any more information. Thanks again to all at B&W for the continued support, even just having a place to vent to people that get it is invaluable!
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