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TOPIC: ESA mand con nightmare

ESA mand con nightmare 3 weeks 3 days ago #197815

I am at my wits end...do hope someone can help or post their experiences. Will try and keep it short.

Husbands PIP review Jan2017, home assessment, then 5 mths to make a decision, PA4 report contaradictory,lies, the assessor commented that cant put arms above shoulder/head to wash hair but ticked box that gives points for below the waist instead and used her opinion on dressing that he couldn't put clothes on over his head due to arms but said he could with adapted clothing, she said she felt he he could were shirts instead (if she had mentioned shirts at the assessment we would have told her he cant due to spinal cord impingement and nerve damage in the neck causing a degree of paralysis already he cant have anything around his neck, it would make it worse) she then ticked the box that he cant dress below the waist, this would have given him 4 extra points taking him up to 13 points for to enhanced daily living. There were other lies, on each question saying he refused to do any examinations when infact she told him she was NOT even goin to attempt to examine him as she could see how much pain he was in and she didn't want to hurt him. I chose to challenge the contracdictions and lies that were easy to prove as I had been a witness at his assessment. Together with extra med evidence etc.

I sent the mand con 7 weeks ago by recorded delivery, I rang yesterday to ask for an update and was told they had not received any mand con and that I should have done it on the phone. I corrected the advisor that we are entitled to put the mand con in writing to which she said yeah ya can its true but gave me the usual its not as successful rubbish, to which I said I sent it by recorded delivery and it was signed for 7th Aug...She said oh theres nothing cept a note on the 8th aug that they received something but not a mand con. I went ballistic, first time ever with DWP, I'd had enough! She said she would get someone to call me back within 3 hours. 15 mins later I got a callback, they had got the mand con but it had got mixed up with the original PIP review, had not been scanned onto my husband records and not even been looked at!!! just put in with other paperwork. I queried as it was after the month are they going to action it, I was told they will pass it to be scanned and looked at but not sure, I told them that I would take it to appeal, they said due to the backlog if I hadn't heard anything in a month to get in touch but they said that he could loose the whole award as well, I called the operator disgusting as is now 8 mths since the start of the review. Due to this my husband has had a relapse and he cant cope due to pain and the new medication he has been given and wants to die.

My question is would it be a good idea if I email my MP with what has happened and ask him to help? as my gut instincts are that this is going to be fobbed off as it has over and over since Jan 2017. He helped us twice before on separate occasions when my husband was awarded PIP and they wouldn't backdate the award and deleted his tax credit history on 2 separate occasions for tax credit purposes, after 12 mths of messing around MP sorted it in 3 days.

Thank you in advance Bam.

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ESA mand con nightmare 3 weeks 3 days ago #197838

Bamboozal wrote: My question is would it be a good idea if I email my MP with what has happened and ask him to help? as my gut instincts are that this is going to be fobbed off as it has over and over since Jan 2017. He helped us twice before on separate occasions when my husband was awarded PIP and they wouldn't backdate the award and deleted his tax credit history on 2 separate occasions for tax credit purposes, after 12 mths of messing around MP sorted it in 3 days.


I don't think it will do any harm to keep your MP informed but I think you also need to give the DWP some time to respond, whilst the delay is unacceptable, now that things are back on track (at least in theory), the process will take time to complete.

I think it unlikely that the DWP will reject the MR because it was late, the issue was clearly theirs.

Gordon
The following user(s) said Thank You: Bamboozal

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

ESA mand con nightmare 3 weeks 3 days ago #197856

Thank you for your advise Gordon, I will wait a couple of weeks and ring DWP to see if the mand con has at least been scanned and put on file, if not then I will inform my MP.

:) Bam

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