Transfer from DLA to PIP unsuccessful

So, exactly a month after being told that the Mandatory Reconsideration was going to be re looked at due to them not using the further evidence, we receive another letter yesterday.

My first issue being is that there was no addressee on the envelope, just the address. The letter itself states that they had looked re looked at the claim and that the decision is based on the difficulties presented not diagnosis. This I know, but we put in the diagnosis letter to back up the fact that husband has the condition. We also put in a letter from the GP confirming the difficulties that my husband has on a day to day basis.

The letter states that this further evidence had already been used when making the original decision, it had not. The reason that we were getting the mandatory reconsideration looked at again was because they did not use the further evidence sent to them during the mandatory reconsideration despite their assurances that it would be used and they would not make a decision without it.

The letter we received was very generic, did not identify who had made the new decision confirmed that their original decision stood. None of the points that I raised about the outright fabrications in the face to face report have been addressed, nor does it seem that the word of our GP bares any weight whatsoever. The assessor left out several key factors in the report, we had to explain what somatic symptoms are and how they affect him yet she left that out completely. She 'downgraded' his migraines and the effects they cause, to simply headaches. She demonstrated no awareness of mental health illness at all, referring to the fact that my husband had to give up his job simply because 'he couldn't take the pace". No mention of the symptoms that were making it impossible most days for him to even get out of bed!

I called the office to ask them why this letter states that the FME had been used in the original MR decision when it had not, they couldn't tell me. They couldn't or wouldn't tell me who made the most recent decision and it seems that they could not tell me the reasons or justifications as to how he/she had made their decision.

During the course of the conversation the Case Manager that I was talking to actually laughed and said there is nothing I can do at this stage other than appeal. I told her this is not a laughing matter. I was furious!

So it seems now we go to appeal. I asked if we have to send the most current decision letter, she seemed keen for me not to send that at all. I am aware that I need to send the original MR notice and that the appeal is going to be based on the original decision that was made without them using the further evidence. What a waste of time.

If my husband was alone he would have given up by now. Luckily he has me although the stress of this all is making me feel the pressure I have to say.

They did seem reluctant to give me an address to complain to but I did get an address from them in the end. Not sure if it is just a case of me being passed from pillar to post.

I am also putting in a complaint about the way in which the face to face assessment was reported. I am feeling a little overwhelmed!

Ugh this whole system seems engineered to make people give up. Especially when evidence seems to be totally ignored, as in our case. I would be interested to know just how much it costs the DWP in man hours and monetary cost for claims to be taken to appeal. How much money are they really saving by targeting the most vulnerable?

Do I address my complaints about the whole process to the appeal as I feel that they are very relevant to the decision or do I just argue the points at which I feel are wrong with the decision?

Thank you for taking the time to read!

Hi Emma,

I am sorry, but not surprised, that the further MR did not find your your favour. It is quite unusual for them to do anything other than 'rubber stamp' the original decision

I think it is entirely up to you which decision letter you submit to the Tribunal Service. If you send the first one, I expect it will now be more than 1 month old, so you will have to explain why it has taken longer to appeal.

The appeal panel will want to hear fro themselves about the difficulties faced by the claimant. They will pay much more attention to this than to the assessor's report or how the DWP made their decision. Any complaint about how things have been undertaken will be completely separate from the appeal process.

Thank you for your reply Mrs Hurtyback. I did anticipate that we would have to go to appeal after the stories that I have read here. What astounded me was the apparent complete disregard for further evidence supplied and the decision seems based purely on the opinion of 1 person who met my husband for less than an hour.

I am so grateful for the advice given on this forum and I think that without it I would have given up on this!

You words have given me encouragement that , although it is a long drawn out process, the appeals system may just be the best in terms of getting our decision reversed... at least I am going to be well prepared with the help of this site.

Thank you once again, I will keep you updated on how we get on.

So a further update. I submitted my husbands appeal to the court on 31/08. Before I gave the reasons why we disagree with the points he was awarded, 2 for daily living and 4 for mobility, I pointed out all of the errors that were contained in the original report, how the evidence had not been looked at when making the MR and the fact that I had contradictory letters from the DWP, blatantly contradicting themselves several times. I supplied all of these letters with the Appeal request.

Yesterday I had a phone call from the DWP, stating that they had received the appeal submission from the court, that they had looked at the original assessment again and that my husband should have in fact have 9 points for daily living but that the original 4 points for mobility stands. They have 'offered' standard daily living and that would stop the appeal.

If it were up to me I would take it all the way, I feel like the DWP are playing chicken with us to see who blinks first. To be entitled to nothing from the original assessment and not 1 but 2 MR's, to an admission that he should, in fact, be awarded PIP leads me to believe that tribunal would go in our favour. I feel that he should be entitled to enhanced daily living and at least low rate mobility. However, this has been going on since March and hubby's mental health has suffered. He does not want to take it to the tribunal as the thought of being in front of a panel in court terrifies him so I respect that.

What an awful tactic that they seem to be using, seemingly to make people give up with the whole process. I can't help but feel that this whole process is designed to see who will just give up. I know fine well if my husband was on his own he probably would not have even taken things as far as the MR stage. How many people are slipping through the net?

So for us it is a somewhat hollow victory. I am glad that our financial uncertainty is now at an end after months of stress but still, I feel like we blinked first....

Thank you Gordon. This forum and site has been invaluable to me during the MR process. Brilliant work you do here!