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Working and PIP
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2 years 3 months ago - 2 years 3 months ago #273785 by BexMorse
Working and PIP was created by BexMorse
Hi I’m currently in the middle of a mandatory reconsideration. I had a phone interview in April 2022 that I recorded, lasted over 2 hours and was incredibly distressing and confusing and exhausting. I had tried to get a professional (mental health) to support me but as we all know the waiting lists are huge. I pushed back the interview by one month was still unable to get support. They refused to extend it again. The interviewer probed me extensively about the details of my work and my roles. She questioned my ability to parent. She also asked the generic mental illness, daily living and mobility questions but they were phrased in a way that I really struggled to understand. You can hear on the recording me asking her to explain the questions repeatedly, stating I didn’t understand. She constantly cut me off when I was speaking telling me that I wasn’t answering the questions ‘correctly’. The case handler XXXXXXXXX called me and declared that my claim was disallowed because I work. The job I have worked in since 2012 and have claimed PIP since 2015. The news was unexpected and distressing and I burst into tears and started having a panic attack. He then back pedalled on his declaration and stated he could put me onto to standard rate (I was originally on enhanced). I then received a letter with the same date as the phonecall about the decision to put me on standard rate. The ‘my decision’ letter was completely fabricated as if he took a template and stuck my name on it. I called pip and asked them to go through the letter with me and my past evidence and pip reviews and they even admitted that the case handlers claims were indeed false! I would like to ask, are these unfair practices? Are they allowed to probe me with questions of my job? Are they allowed to disallow my claim because I work? I am a disabled vulnerable person, are they allowed to interview me without me having support? How can the case handler go from disallowing my claim to putting it on standard rate? How can the case handler write false statements about me? What can I do about it?
Last edit: 2 years 3 months ago by BIS.
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2 years 3 months ago #273793 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Working and PIP
Hi BexMorse
I'm sorry you find yourself in this position. I have edited your post and removed the name of the person you spoke to. B & W can't print someone's name like that as it would be a breach of data protection.
I will try and answer your other questions.
Are these unfair practices? Many of the practices of the DWP are unfair to benefit claimants, and the lack of consistency and openness makes it very difficult for claimants. You were told that the information of the person XXXXX that you spoke to was false -in which case the DWP should have told you what could be done about it. If the staff member agreed the information was false, they should have followed it up. You can put in a complaint, which you can do immediately, or you can wait until you have finished your mandatory reconsideration.
Are they allowed to probe me with questions of my job? They are allowed to ask you about your job. For example, If you need support with your mental health for the majority of the time (that's the PIP criteria) - they will want to know how you manage to work.
Are they allowed to disallow my claim because I work? No, they are not allowed to discriminate against you because you work, but no claimant automatically gets PIP because they are disabled.
I am a disabled, vulnerable person, are they allowed to interview me without me having support? The DWP are supposed to accommodate claimants so that they can have any support with them. There is a team within the DWP who particularly deal with the most vulnerable disabled people and are supposed to offer claimants greater support. it would be good for you to find out if you are counted as one (as far as they are concerned). You can ring up and ask if you don't know.
How can the case handler go from disallowing my claim to putting it on standard rate? It wasn't a call handler - it would have been a case manager. They can change their mind, and they do sometimes review quickly when a claimant objects.
How can the case handler write false statements about me? No one should write false statements, but unfortunately, it happens all the time.
What can I do about it? As above. You could make a complaint to the DWP now or wait until you have finished your MR. You can find the details on the link benefitsandwork.co.uk/guides-for-claimants/faq/general
BIS
I'm sorry you find yourself in this position. I have edited your post and removed the name of the person you spoke to. B & W can't print someone's name like that as it would be a breach of data protection.
I will try and answer your other questions.
Are these unfair practices? Many of the practices of the DWP are unfair to benefit claimants, and the lack of consistency and openness makes it very difficult for claimants. You were told that the information of the person XXXXX that you spoke to was false -in which case the DWP should have told you what could be done about it. If the staff member agreed the information was false, they should have followed it up. You can put in a complaint, which you can do immediately, or you can wait until you have finished your mandatory reconsideration.
Are they allowed to probe me with questions of my job? They are allowed to ask you about your job. For example, If you need support with your mental health for the majority of the time (that's the PIP criteria) - they will want to know how you manage to work.
Are they allowed to disallow my claim because I work? No, they are not allowed to discriminate against you because you work, but no claimant automatically gets PIP because they are disabled.
I am a disabled, vulnerable person, are they allowed to interview me without me having support? The DWP are supposed to accommodate claimants so that they can have any support with them. There is a team within the DWP who particularly deal with the most vulnerable disabled people and are supposed to offer claimants greater support. it would be good for you to find out if you are counted as one (as far as they are concerned). You can ring up and ask if you don't know.
How can the case handler go from disallowing my claim to putting it on standard rate? It wasn't a call handler - it would have been a case manager. They can change their mind, and they do sometimes review quickly when a claimant objects.
How can the case handler write false statements about me? No one should write false statements, but unfortunately, it happens all the time.
What can I do about it? As above. You could make a complaint to the DWP now or wait until you have finished your MR. You can find the details on the link benefitsandwork.co.uk/guides-for-claimants/faq/general
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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