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PIP - Freedom of Information request

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2 years 10 months ago #268700 by Michala
PIP - Freedom of Information request was created by Michala
Good evening,

My PIP award was reduced from enhanced to standard for both daily living and mobility in May 2021. I requested a reconsideration, which was turned down so in August I had to return my Motability car. This was devastating and has had a significant impact on my mental health. In October I send a letter to the DWP requesting a copy of all information they used to make their decision. I rang them in December to enquire about my request, and I was met by a very rude man informing me that my request had been received and that it had been actioned. I asked what that meant, and he said that its been actioned and someone will deal with it. I asked how long is this likely to take, and all he kept saying was that it's been actioned. I said that I needed this information so that I could prepare my appeal submission. I still have not heard anything, so what am I asking, should I not have received the information that I have requested by now, isn't there a time limit on how long the DWP have to respond to my request?

I know that I am very late in sending in my appeal submission but I need this information in order to do so, so that I can try and understand their reasoning...if that's possible...

In the explanation for the decision of the mandatory reconsideration, one statement they made was that "I passed my school examinations at 16." I am now 45, can someone please explain to me how this is relevant? I thought that the decision is made on evidence to show that you have been effected for 3 months and likely to be so for another 9 months.

I suffer from numerous rare complex medical conditions that have developed over time that have a huge impact on my daily living. I had to take it to an appeal last time, which was over 4 years ago, which thanks to the advice I received from this website was upheld. Unfortunately, here I am again, but with further diagnoses since then!

Any advice would be gratefully appreciated.

Thanks in advance.

Michala

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2 years 10 months ago #268712 by BIS
Replied by BIS on topic PIP - Freedom of Information request
Hi Michala

I would try ringing again. You should have heard something back within 20 working days (according to the government website) www.gov.uk/make-a-freedom-of-information...-make-an-foi-request. I know you didn't have a good experience on your last call - but I would ring again, and if you are just being told it is being actioned ask for a call back from a case manager who can explain exactly what that means.

If you don't get any joy, I would involve your MP - after all it is a government department that you want the information from.

I would still go ahead and put in your late appeal. You can always add more information at a later date and it would be better to get it logged.

The exam question is one of the ludicrous questions that assessors love to ask from time to time and you're right it has nothing to do with your current medical condition.

BIS

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2 years 10 months ago #268770 by Michala
Replied by Michala on topic PIP - Freedom of Information request
Hi BIS,

Thank you for your reply. I will give them a call again tomorrow, and follow your advice if I have no joy.

Michala
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2 years 10 months ago #268812 by Michala
Replied by Michala on topic PIP - Freedom of Information request
Hi,

Well...

I can't believe the conversation I have had with the DWP this afternoon on the telephone. I spoke to an advisor who informed me that I needed to make my request online as the DWP no longer accepts requests via a letter! I explained that I sent my letter in October 2021, and contacted the DWP in December 2021 to chase up my request, and was told it had been actioned. The person I spoke to today said that there was no record of my call in December, which I was flabbergasted to hear. The person said that he could complete the request for me over the phone, which he has done. I said that I want a copy of absolutely everything, including the conversation I had over the phone in December. He said that because there is no record of your call that a transcript could not be provided. I then insisted I spoke to a case manager, he kept telling me that he couldn't tell me anything else, but I said that I do believe it is my right to request a call back from a case manager. I said that I would like to submit a complaint because how can it be right that a person employed by the DWP can actually fail to register a call? He provided me with the relevant contact details, and then passed my call over to a case manager.

The case manager apologised for the distress that this situation has caused, and he said that he believes me that I did make the call back in December. He went on to say that the person I spoke to probably knew that how they spoke to me was inappropriate and therefore decided not to register the call incase I decided to submit a complaint. He went on to say that my letter dated October 2021 was on the system and that it was error that it had not been actioned correctly.

I am beside myself with the stress that this whole situation is causing me, however, I will fight my corner and hope and pray that I am successful with my appeal. In addition, I will contact my MP to discuss this massive issue on employees of the DWP actually having the ability to decide whether to register a call or not. How many other people is this happening to. I normally right down the name of the person that I spoke to, so I'm hoping that I will be able to find this information to support my complaint.

I'm exhausted, and this is just the beginning.
The following user(s) said Thank You: Gaddy

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2 years 10 months ago #268816 by Gary
Replied by Gary on topic PIP - Freedom of Information request
Hi Michala

I can feel your frustration in your post, as a moderator unfortunately we come across your situation frequently, .... infact too frequently. :(

Most claimants give up which is a shame, so give yourself a pat on the back if you can, and say to yourself Well done for standing up for your rights. I do get some satisfaction when I read posts such as yours as it does give encouragement to fellow members to stand up for their rights. B)

Gary

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2 years 10 months ago #268823 by denby
Replied by denby on topic PIP - Freedom of Information request
Well Michala I share your disgust. You are moving my point of view! I have always banged on that claimants should record assessments. Now I will be saying calls should be recorded too!!! And with the first-names-only policy how could one 'Fred' or 'Sue' or another be traced, and what certainty can there be [none!] that they are even using their real first name on the phone. Fuming for you, do keep going as you say and keep us posted as it goes, please Michala.
Some human beings are decent, we are isolating recovering from covid and not only did my neighbour just drop shopping but a bunch of bright flowers as 'get well soon' :) :):)
best wishes,
Denby

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