PIP refused

Stefano

Hello everyone,
Many thanks for all your support to this community. 

I will briefly explain my case with PIP if anyone could guide or help I would be hugely grateful.

PIP application  27/08/2022 
Phone assessment 09/11/2022
DWP sent me generic text messages saying they  received my report then saying they are awaiting on a decision etc.since 18/11/2022 until 05/12/2022 when they stop. I asked for a copy of my report and I have become another victim of the cruel assessors. He score me 2 points. Even a decision wasn’t made yet I expect the worse.

As didn’t hear anything by 05/01/2023 I called DWP again and after connecting with a lovely lad at the phone, I persuade him to give me an update, he said PIP was refused on 23/12/2022 and I was sent a letter which I hadn’t received yet until today 20/01/203 🤷‍♂️🤷‍♂️ In order to save time I download the MR form and made an extended letter asking for a MR. I also attached new evidence I had since 2 years ago which was a Magnetic Resonance  Image (MRI) where I was diagnose with:

FINDINGS:

There is a grade 1 spondylolisthesis of L5 on S1 with spondylolysis.

Normal vertebral body signal. There is reduced T2-weighted

intervertebral disc signal at L4-5 and L5-S1 levels in keeping with

disc dehydration.

At L5-S1 level there is a small circumferential disc bulge. Mild facet

joint disease. No thecal compression. Moderate narrowing to both exit

foramina with bilateral L5 exiting nerve impingement. Then sent all my MR by post even I haven’t  received my refusal letter yet. But was told in the phone I got  refused since 23/12/2023.
Even my claim was based on my cancer diagnosis, I mentioned this to the assessor and he said it was irrelevant and he was very cold distant and tricky and in a rush.

I have sent this evidence and explained how the assessor said he is not interesting and its
not relevant and have examples of how I struggle. 

I have received last 12/01/2022 a text message saying  they will review my MR. 

Should I call and say I would like a DWP case worker call me before a decision  is made like some people have done? 

Do I have any chance to be successful this time with my new evidence and examples how I struggle?  Many thanks to all of of you. Kind regards.

poppy123456

You can ring to request a call but it doesn't mean they will ring. If they have questions to ask before making a decision they will ring. Sometimes they ring but not always.

The most likely outcome of the MR is the decision will remain the same. Only 23% of them change. Once the decision is made you can proceed to Tribunal. Timescales for MR are up to 12 weeks.

Stefano

Thank you Poppy. They said in their text message 8 weeks. Let’s see what happens I will keep you updated and thanks for your answer. This is a never end nightmare. 

L_Volunteer

I can really hear how it is a never-ending nightmare @Stefano. Hopefully, you won't have to wait too long.

In the meantime, is there anything which might help the wait to feel more manageable for you?

Please feel free to let us know how it goes and if we can do anything else to support you. We are all here for you and listening to you 

Stefano

Thank you very much @L_Volunteer it’s very kind of you. I will keep the forum updated when they say anything related with my MR. All my best.

Stefano

Hi everyone,
A little update about my PIP MR. Called last Friday 27 Jan. The guy at the phone told me a decision was just made the same day I was calling which was very spooky. It took me around 2 weeks since receiving the text they will look at my MR but he can not see the decision as it should be available in the system in 3-4 days. Anyone could advise if this is positive or negative? I didn’t receive any call from DWP, my MR processing times was very quick in comparison to other people, should I take this as a negative? I’m prepared for a refusal again of course as you never know with this PIp people and thinking to prepare to tribunal as won’t give up on my rights. Any advise? Many thanks for everything. 

calcotti

Stefano said:. Anyone could advise if this is positive or negative? 

Neither. It means exactly what you were told. A decision has been made but the decision is not yet available for the person you spoke to be able to see it on the computer system.

Stefano said:

I didn’t receive any call from DWP, 

That is normal. Sometimes a DM will ring the claimant but is not usual.

Stefano said:.., my MR processing times was very quick in comparison to other people, should I take this as a negative? 

It just means it got to the top of a pile of tasks for the DM faster than is often the case.

Stefano said:

I’m prepared for a refusal again of course 

As previously advised, the majority of MRs remain the same.

Stefano said:

.. thinking to prepare to tribunal as won’t give up on my rights. Any advise? 

Of course you should exercise your appeal rights if required.

poppy123456

Stefano said:

Hi everyone,
A little update about my PIP MR. Called last Friday 27 Jan. The guy at the phone told me a decision was just made the same day I was calling which was very spooky. It took me around 2 weeks since receiving the text they will look at my MR but he can not see the decision as it should be available in the system in 3-4 days. Anyone could advise if this is positive or negative? I didn’t receive any call from DWP, my MR processing times was very quick in comparison to other people, should I take this as a negative? I’m prepared for a refusal again of course as you never know with this PIp people and thinking to prepare to tribunal as won’t give up on my rights. Any advise? Many thanks for everything. 

The timescale it took is no indication of what the decision could be. Same as them not being able to see what that decision is because it takes up to 24 hours for them to be able to see it, they will only be able to see that a decision was made.

The decision maker doesn't always ring before making any decision, they will only ring if they have questions to ask.

They do send texts if the decision is in your favour, if it's first time claim. I've not known them send texts if the decision isn't in your favour. You can ring them tomorrow once they are open and they should be able to see that decision.

It can take a couple of weeks to receive the decision letter.

Stefano

Thank you for  your answers
@poppy123456 and @calcotti

Stefano

Update:
Called today again to check if Mr PiP was refused or approved. As they made a decision last 27:01/2023 A very rude  call centre lady said I was given wrong information they can not tell me positive or negative news at the phone and certainly they made  a decision. I said just say if they changed their decision or not so I can prepare my self for tribunal she said she won’t say I just have to wait for the letter coming in the post. ( my first refusal letter never ever ever arrived at the post) that’s why I’m worried as need the letter to appeal at the tribunal.
it’s very frustrating.
She asked me for my bank details which I have never asked before. 🤷‍♂️🤷‍♂️ plus other information like postcode etc It’s very frustrating.
thanks for any advise.

rebel11

Stefano said:

Update:
Called today again to check if Mr PiP was refused or approved. As they made a decision last 27:01/2023 A very rude  call centre lady said I was given wrong information they can not tell me positive or negative news at the phone and certainly they made  a decision. I said just say if they changed their decision or not so I can prepare my self for tribunal she said she won’t say I just have to wait for the letter coming in the post. ( my first refusal letter never ever ever arrived at the post) that’s why I’m worried as need the letter to appeal at the tribunal.
it’s very frustrating.
She asked me for my bank details which I have never asked before. 🤷‍♂️🤷‍♂️ plus other information like postcode etc It’s very frustrating.
thanks for any advise.

You need to calm down as difficult as it may be, no point in getting annoyed about things you can't control. Await the letter. If you can't distract yourself, if you want to do something, prepare the groundwork for Tribunal, research, etc.  

poppy123456

They can tell you what the decision is if they can see it, there's no rules against this. If it's a refusal whether they choose not to tell you or not, is entirely up to them.

All you can do is wait for the decision letter now. Try not to panic because even if you do need to go down the appeal route you have 13 months to request it. If you're outside the 1 month timescale then you'll need to give a reason why you didn't request it within that time. HMCTS are unlikely to refuse a request outside the 1 month.

Stefano

Thank you @poppy123456 as you said there is no rule about they confirming or not an award so decided  to tried  again and my call was taken by a lovely man, not last rude lady thank God.
PIP MR refused.
I now have to work out on the Tribunal Appeal. Any advises where to go or if there is charities that help you with it? Thank you for your help.

poppy123456

I had guessed it was a refusal and this may have been why the person wouldn't tell you. I do understand the reasons why they wouldn't.

You can request the appeal online here. https://www.gov.uk/appeal-benefit-decision/submit-appeal you just need to give a brief reason why you disagree with the decision. Anything else you need to send can be done at a later date.

You do not need to send anything that's already been sent because everything will be sent to HMCTS and you will you eventually receive the bundle, which will contain everything you sent.

calcotti

Stefano said:

 Any advises where to go or if there is charities that help you with it?

Look on https://advicelocal.uk