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TOPIC: No change after Mandatory Reconsideration

No change after Mandatory Reconsideration 8 months 3 weeks ago #180097

I've just received my mandatory reconsideration decision and there was no change. I was not awarded PIP at all from middle care/higher mobility DLA.

The whole decision rested, in my opinion, on the work of fiction that was the face-to-face assessment. The assessor lied through her teeth about almost everything, from recording the ID I produced as a different document, to how high I could lift my legs off a couch that didn't exist!

She did not carry out a physical examination, but stated facts and figures in great detail about how much movement I have in my arms, legs, wrists (I had a metal wrist brace on), hands etc. She stated that I bent down and picked up my hand bag from the floor, when my husband had my bag on his lap the entire time. She said I crouched down; if I tried, she would be picking me up off the floor!

I suffer from severe anxiety, amongst many other things and I spent the entire time shaking and crying uncontrollably. She completely ignored this, stating that my state of mind was normal and that we had a 'good rapport'! She interrupted my answers to her aggressive questioning and constantly spat her words out like I was a worthless person taking up her precious time.

I made an official complaint to Atos about this disgusting treatment and as yet, have not heard the results of their 'investigation', but how do you defend yourself when it is their word against yours? Guilty of fraud until proven innocent?

I know I need to appeal, but I don't think my mental health can cope with any more stress. I am broken. Any advice would be much appreciated. Thank you.

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No change after Mandatory Reconsideration 8 months 3 weeks ago #180142

  • Gordon
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Datz

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and instructions on how to complete it, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

You can opt for a Paper hearing that you do not need to attend or an Oral one that you do, statistically you are more likely to be successful if you attend but that does not mean that you cannot be successful if you do not.

Gordon
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No change after Mandatory Reconsideration 8 months 3 weeks ago #180157

Hi
Stay strong. You can read many cases similar to yours on this site, it is certainly common for there to be no change at the MR stage. You have nothing to lose by starting the appeal process , which you can withdraw from any time before the tribunal date. By starting the process, the DWP will have to look at your case again and sometimes they can change the decision without going to tribunal. .
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No change after Mandatory Reconsideration 1 month 2 weeks ago #196767

Hi.

I appealed my PIP decision back in February after losing everything. The case was adjourned in June after the tribunal asked DWP for further information about the medical evidence they used to award me indefinite middle care/higher mobility DLA in Nov '14, Feb '15 & March '16. The tribunal also offered me an opportunity to attend an oral hearing, but said I did not need to. DWP didn't bother responding until the end of July after being reminded by HMCTS to submit the requested information. I thanked the tribunal for the opportunity to attend, but stated that I was in no physical or emotional state to do so and that my severe anxiety and the stress of the situation had left me traumatised and on anti-depressants.

It is now a year since I was 'invited' to apply for PIP and 8 months since my DLA ended. My question is how long, on average, does it take to get a new hearing after adjournment? Being a paper hearing, I assumed it would be dealt with fairly quickly after the relevant information was received.

This stress and upset has ruled my life and that of my family for a year. I used to be a strong person, but I have lost all confidence and I just need it all to be over. I fail to understand how DWP can legally get away with treating disabled people with such contempt. Convicted criminals have more rights!

If you have had to appeal, can you please tell me how long it took for a result?

Many thanks x

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No change after Mandatory Reconsideration 1 month 2 weeks ago #196796

  • Gordon
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Datz

I would chase the Tribunal Service for and update, they may be able to tell you when your appeal is likely to be heard.

Gordon
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No change after Mandatory Reconsideration 1 month 2 weeks ago #196800

Thanks for your reply Gordon.

I did email HMCTS to ask, but was told they couldn't tell me when it was likely to be relisted and as it is to be heard on paper, neither party will be informed of any new date.

I guess that means I just have to keep waiting for the post. It really does feel like waiting for the axe to fall :(
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