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How to complain about my MR? As I believe my evidence was not looked at.
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2 years 4 months ago #273325 by prefer not to say
How to complain about my MR? As I believe my evidence was not looked at. was created by prefer not to say
Can anyone advice what they would do in this situation.....
I think I mentioned in another thread that my MR decision seemed to have ignored my MR evidence & only referred to the original PIP interview & scored me again on the original PiP interview.
So I started an appeal process.
I received an appeal bundle from DWP evidence that had the data of another person as well as my own MR data.
I picked this up at the appeal stage. So a huge data breach by DWP & I already have a GPDR breach open about this which I will be taking to the ICO.
It was confirmed the other person data was added to my file along with my MR data when it was received by DWP. ie before my MR was carried out.
So as this other persons data was not picked up at MR stage, I find it hard to believe my MR was considered or completed fairly.
My MR had no reference to any data I had sent in (or the other persons data) that was sent in. So it is hard to believe an MR was carried out within their own guidelines. I believe no data was actually looked at/read. Hope that makes sense.
Not sure what to do from here.
Carry on with the appeal, or ask for the MR to be looked at again?
Not sure how/who I ask for my MR to be looked at again if that is the best route - or should I write a statement to add to my appeal about how DWP has failed in their own processes & how I believe I have not had my case processed fairly or correctly.
I think I mentioned in another thread that my MR decision seemed to have ignored my MR evidence & only referred to the original PIP interview & scored me again on the original PiP interview.
So I started an appeal process.
I received an appeal bundle from DWP evidence that had the data of another person as well as my own MR data.
I picked this up at the appeal stage. So a huge data breach by DWP & I already have a GPDR breach open about this which I will be taking to the ICO.
It was confirmed the other person data was added to my file along with my MR data when it was received by DWP. ie before my MR was carried out.
So as this other persons data was not picked up at MR stage, I find it hard to believe my MR was considered or completed fairly.
My MR had no reference to any data I had sent in (or the other persons data) that was sent in. So it is hard to believe an MR was carried out within their own guidelines. I believe no data was actually looked at/read. Hope that makes sense.
Not sure what to do from here.
Carry on with the appeal, or ask for the MR to be looked at again?
Not sure how/who I ask for my MR to be looked at again if that is the best route - or should I write a statement to add to my appeal about how DWP has failed in their own processes & how I believe I have not had my case processed fairly or correctly.
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- BIS
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2 years 4 months ago #273335 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic How to complain about my MR? As I believe my evidence was not looked at.
Hi prefer not to say
Once an MR has been done, you can't ask them to look at it again other than through the complaints procedure. If you cancel your appeal then you have to hope that you can resolve the issue through a complaint. I suspect that even if they upheld your complaint (and they often don't) you could find yourself being offered a new assessment. So even if you have put in a complaint, I wouldn't cancel your appeal.
BIS
Once an MR has been done, you can't ask them to look at it again other than through the complaints procedure. If you cancel your appeal then you have to hope that you can resolve the issue through a complaint. I suspect that even if they upheld your complaint (and they often don't) you could find yourself being offered a new assessment. So even if you have put in a complaint, I wouldn't cancel your appeal.
BIS
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- LL26
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2 years 4 months ago #273343 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic How to complain about my MR? As I believe my evidence was not looked at.
Hi prefer not to say,
I agree with BIS, stick with the appeal. Sometimes even without data breaches DWP don't pay any attention to claimant evidence at initial claim or at MR! In an ideal world none of these appeals etc would be necessary, but the whole claim/MR/appeal process is often flawed whereby DWP ignore very onvious evidence in front of them. Luckily the tribunals are very good at realising the flaws and award PIP .
Make sure you write to both DWP and tribunal to confirm exactly which part of the papers belong to you. You might need to get the appeal bundle redacted and redone to exclude the other person's information, as this will cause more confusion.
Proceed with your MR complaint too. The GDPR point is important. You should not have been sent personal details about, presumably another's health condition. The whole thing must raise a doubt firstly whether your details have been wrongly sent to the same person, or other/s. Secondly, the fact is that whereas you easily noticed the error, why didn't DWP notice, and equally important the fact they didn't notice very much suggests they didn't read the file, which therefore supports your theory that an MR wasn't properly conducted which can also be part of the complaint.
Good luck with both the complaint and appeal.
LL26
I agree with BIS, stick with the appeal. Sometimes even without data breaches DWP don't pay any attention to claimant evidence at initial claim or at MR! In an ideal world none of these appeals etc would be necessary, but the whole claim/MR/appeal process is often flawed whereby DWP ignore very onvious evidence in front of them. Luckily the tribunals are very good at realising the flaws and award PIP .
Make sure you write to both DWP and tribunal to confirm exactly which part of the papers belong to you. You might need to get the appeal bundle redacted and redone to exclude the other person's information, as this will cause more confusion.
Proceed with your MR complaint too. The GDPR point is important. You should not have been sent personal details about, presumably another's health condition. The whole thing must raise a doubt firstly whether your details have been wrongly sent to the same person, or other/s. Secondly, the fact is that whereas you easily noticed the error, why didn't DWP notice, and equally important the fact they didn't notice very much suggests they didn't read the file, which therefore supports your theory that an MR wasn't properly conducted which can also be part of the complaint.
Good luck with both the complaint and appeal.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 4 months ago #273379 by prefer not to say
Replied by prefer not to say on topic How to complain about my MR? As I believe my evidence was not looked at.
Thanks
I had already contacted the Tribunal & DWP. The original evidence has been replaced with the correct evidence.
However, I do not believe my MR evidence was actually looked at.
My MR letter section :-
How I made my decision
I looked at all of the information available to me including:
the 'How your disability affects you from.'
There is nothing about my 12 page letter I sent explaining in detail my issues.
I believe if any evidence was read, then the data breach would not have happened.
Going to write a statement to submit as evidence to the tribunal to highlight how I think DWP has failed in the MR process & procedure's. Pointing out that it may have lead to unnecessary need for a tribunal if my evidence was looked at a came to fair decision that would have at least explained why my MR letter scored 0 points. Afterall, I was challenging how nothing I said in my assessment captured & only the words the accessor used to try & get me agree with. I can accept 0 points if I felt I was tried fairly & not the obvious failings within the whole process that started nearly a year ago!
I had already contacted the Tribunal & DWP. The original evidence has been replaced with the correct evidence.
However, I do not believe my MR evidence was actually looked at.
My MR letter section :-
How I made my decision
I looked at all of the information available to me including:
the 'How your disability affects you from.'
There is nothing about my 12 page letter I sent explaining in detail my issues.
I believe if any evidence was read, then the data breach would not have happened.
Going to write a statement to submit as evidence to the tribunal to highlight how I think DWP has failed in the MR process & procedure's. Pointing out that it may have lead to unnecessary need for a tribunal if my evidence was looked at a came to fair decision that would have at least explained why my MR letter scored 0 points. Afterall, I was challenging how nothing I said in my assessment captured & only the words the accessor used to try & get me agree with. I can accept 0 points if I felt I was tried fairly & not the obvious failings within the whole process that started nearly a year ago!
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- LL26
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2 years 4 months ago #273389 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic How to complain about my MR? As I believe my evidence was not looked at.
Hi prefer not to say,
Whilst it may be appropriate to make a brief comment put the lack of application with the MR and the data protection issue, don't make that your sole focus.
Make it absolutely clear that that it is unlikely that any of DWP paperwork can be relied upon given the data issues.
Then go through each descriptor in some detail and explain which descriptor applies and number of points.
Think about safety, acceptable standard, reasonable time and repetition.
All must apply. If not then you score points as appropriate.
Think about what happens for the majority of days.
The correct descriptor will be the one that applies most often or the highest value when 2 or more apply equally.
LL26
Whilst it may be appropriate to make a brief comment put the lack of application with the MR and the data protection issue, don't make that your sole focus.
Make it absolutely clear that that it is unlikely that any of DWP paperwork can be relied upon given the data issues.
Then go through each descriptor in some detail and explain which descriptor applies and number of points.
Think about safety, acceptable standard, reasonable time and repetition.
All must apply. If not then you score points as appropriate.
Think about what happens for the majority of days.
The correct descriptor will be the one that applies most often or the highest value when 2 or more apply equally.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 2 months ago #274713 by prefer not to say
Replied by prefer not to say on topic How to complain about my MR? As I believe my evidence was not looked at.
Just thought I would update for closure...
My tribunal appeal was unsuccessful - 6 points + 4 points.
I am still going through investigation to get a better idea of my condition. Unfortunately my appointment with a specialist came after the tribunal or I would have had more evidence to add. However I find it odd that while I scored points for having problems cooking, using toilet & bathing, I scored 0 points for dressing.
I still disagree with the distance I can move - which is why I need further medical investigation/evidence if being judged without visual assessment. Podiatry have already told me off to stop walking on the outside of my foot for example (as its less painful for me!) on their advice I have had to purchase 'rocker' sole footwear (expensive as they are only made by 1 company!) & told to come back in 12 weeks.
Do I have to wait 12 months or something to reapply from the Tribunal date (a week or so ago) ? I first applied & started the process with DWP a year ago.
My tribunal appeal was unsuccessful - 6 points + 4 points.
I am still going through investigation to get a better idea of my condition. Unfortunately my appointment with a specialist came after the tribunal or I would have had more evidence to add. However I find it odd that while I scored points for having problems cooking, using toilet & bathing, I scored 0 points for dressing.
I still disagree with the distance I can move - which is why I need further medical investigation/evidence if being judged without visual assessment. Podiatry have already told me off to stop walking on the outside of my foot for example (as its less painful for me!) on their advice I have had to purchase 'rocker' sole footwear (expensive as they are only made by 1 company!) & told to come back in 12 weeks.
Do I have to wait 12 months or something to reapply from the Tribunal date (a week or so ago) ? I first applied & started the process with DWP a year ago.
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