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PIP Decision made and payments stopped / reduced without decision letter
- Bayley
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1 month 3 days ago #297006 by Bayley
PIP Decision made and payments stopped / reduced without decision letter was created by Bayley
Hi all,
You helped me previously with errors I had identified with my assessment report. I followed that advice at the end of October and received confirmation it had been received. I was surprised this month, however, having heard nothing further, that my payment this month was for one week not four in terms of the amount.
I have rang DWP and they have acknowledged that a decision was made three weeks ago but no decision letter was produced or sent. I was a bit shocked by this so asked them twice and they confirmed it had not been produced. I was prepared for a battle around my renewal but had expected there to be some notice that my PIP award would be ending. They have 'contacted the case manager' and asked for them to contact me and produce the decision letter, which I now think does not consider the issues I noted with the assessment letter.
DWP suggested I wait for this decision letter and apply for a mandatory reconsideration. I don't feel this is the right advice because:
1) I feel I should have had some notice before my payments were stopped and that the information.
2) The information I provided about the errors in the assessment report should have been considered.
Please could you help me with potential next steps to address the above? Thank you in advance.
You helped me previously with errors I had identified with my assessment report. I followed that advice at the end of October and received confirmation it had been received. I was surprised this month, however, having heard nothing further, that my payment this month was for one week not four in terms of the amount.
I have rang DWP and they have acknowledged that a decision was made three weeks ago but no decision letter was produced or sent. I was a bit shocked by this so asked them twice and they confirmed it had not been produced. I was prepared for a battle around my renewal but had expected there to be some notice that my PIP award would be ending. They have 'contacted the case manager' and asked for them to contact me and produce the decision letter, which I now think does not consider the issues I noted with the assessment letter.
DWP suggested I wait for this decision letter and apply for a mandatory reconsideration. I don't feel this is the right advice because:
1) I feel I should have had some notice before my payments were stopped and that the information.
2) The information I provided about the errors in the assessment report should have been considered.
Please could you help me with potential next steps to address the above? Thank you in advance.
- BIS
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1 month 3 days ago #297032 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Decision made and payments stopped / reduced without decision letter
Hi Bayley
I'm really sorry to hear about your situation. Clearly, a mistake was made in not sending you a decision letter, and you can file a formal complaint about this. You can do that before the case manager contacts you (if they do) or wait until you receive the decision letter in the post. Be warned - the DWP rarely admits they have made a mistake, and if you get an apology, it probably won't be the type you are hoping for.
Regarding the advice you were given, you can't apply for a mandatory reconsideration without the decision letter.
You say that they should have considered the errors in the assessment. Unfortunately, you don't know that they didn't. Claimants often point out errors, and the DWP ignores them more often than not, or they will tell claimants to go back to the assessment service provider who did the assessment and complain directly to them.
So what should you do next? As your money has been reduced, your biggest fight is to overturn that decision. You could go through the DWP complaints procedure for the lack of a decision letter (and the poor report). Sometimes they act quickly and I think if you do, you should say that having your money cut without warning has been shocking. You can find out how to do this www.gov.uk/government/organisations/depa...complaints-procedure.
As stated above you could also complain directly to the provider which is what the DWP might tell you to do. You will still left with reduced payments if you complain to the DWP or the assessment provider.
However, I would also start the MR process as soon as possible. You have been told the case manager will contact you - I wouldn't give them more than four working days to do so. If you haven't heard from the DWP I would ring again and ask to be put through to the case manager. You need that letter. Make sure that you keep a record of any call you have and who you spoke to.
You can already start writing your MR as you have issues with the report. Remember to focus on all areas where they have scored you lower than you were expecting. Say why you think they are incorrect/mistaken, what you should have scored and the evidence you provided for them (either paper-evidence or what you said at the assessment).
Come back if you have any further questions and we will try and help/
BIS
I'm really sorry to hear about your situation. Clearly, a mistake was made in not sending you a decision letter, and you can file a formal complaint about this. You can do that before the case manager contacts you (if they do) or wait until you receive the decision letter in the post. Be warned - the DWP rarely admits they have made a mistake, and if you get an apology, it probably won't be the type you are hoping for.
Regarding the advice you were given, you can't apply for a mandatory reconsideration without the decision letter.
You say that they should have considered the errors in the assessment. Unfortunately, you don't know that they didn't. Claimants often point out errors, and the DWP ignores them more often than not, or they will tell claimants to go back to the assessment service provider who did the assessment and complain directly to them.
So what should you do next? As your money has been reduced, your biggest fight is to overturn that decision. You could go through the DWP complaints procedure for the lack of a decision letter (and the poor report). Sometimes they act quickly and I think if you do, you should say that having your money cut without warning has been shocking. You can find out how to do this www.gov.uk/government/organisations/depa...complaints-procedure.
As stated above you could also complain directly to the provider which is what the DWP might tell you to do. You will still left with reduced payments if you complain to the DWP or the assessment provider.
However, I would also start the MR process as soon as possible. You have been told the case manager will contact you - I wouldn't give them more than four working days to do so. If you haven't heard from the DWP I would ring again and ask to be put through to the case manager. You need that letter. Make sure that you keep a record of any call you have and who you spoke to.
You can already start writing your MR as you have issues with the report. Remember to focus on all areas where they have scored you lower than you were expecting. Say why you think they are incorrect/mistaken, what you should have scored and the evidence you provided for them (either paper-evidence or what you said at the assessment).
Come back if you have any further questions and we will try and help/
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Bayley
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1 month 3 days ago #297040 by Bayley
Replied by Bayley on topic PIP Decision made and payments stopped / reduced without decision letter
Thank you so much for your help with this. I have received the decision letter today, which has been dated on 25th October stating my PIP was ended on the 25th. I am really disappointed as this not the truth, as DWP confirmed this morning that the letter had not been produced at that time and this means my PIP was stopped three weeks before the decision letter was produced.
I am now concerned as I may need longer to address the assertions in the letter than the 5 days I have for mandatory reconcideration. If I ring DWP do you think they will agree to extend this period given that I now have evidence (email) that the letter was only sent today despite the lettter being dated end of October.
Thanks in advance.
I am now concerned as I may need longer to address the assertions in the letter than the 5 days I have for mandatory reconcideration. If I ring DWP do you think they will agree to extend this period given that I now have evidence (email) that the letter was only sent today despite the lettter being dated end of October.
Thanks in advance.
- BIS
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1 month 2 days ago #297065 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Decision made and payments stopped / reduced without decision letter
Hi Bayley
I am glad that you have the letter. Yes, you absolutely should ask for an extension. The rule is that there are no extensions at the MR stage - but I know it's a rule that has been broken on occasion - so do try. There's no reason why you should be discriminated against and have less time than other claimants would have if the letter had been posted within a day of it being written.
BIS
I am glad that you have the letter. Yes, you absolutely should ask for an extension. The rule is that there are no extensions at the MR stage - but I know it's a rule that has been broken on occasion - so do try. There's no reason why you should be discriminated against and have less time than other claimants would have if the letter had been posted within a day of it being written.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- denby
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1 month 2 days ago #297093 by denby
Replied by denby on topic PIP Decision made and payments stopped / reduced without decision letter
Bayley I'd be copying your MP into what's happened and how you take it forward too -it's disgusting.
Denby
Denby
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