MR PIP HELP - DWP not gone with assessor’s recommendations

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Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 62,725 Championing
    calcotti said:
    poppy123456 said:.. i feel your thread has gone off topic, which is not fair to you.
    Completely agree. Sorry that I added a long post myself but I thought it necessary to highlight what I think was misinformation.
    No need to be sorry, we were all only correcting misinformation. If the misinformation wasn’t posted to start with there would have been no need to correct it. 
  • Adrian_Scope
    Adrian_Scope Posts: 11,712 Online Community Programme Lead
    Hello all. I've split a number of comments off from this discussion as while some off-topic conversation can be related and doesn't always need to be moved, the conversation here was distracting from the original query which isn't fair on the poster. The removed comments can be found in a more relevant discussion here: Why the NHS doesn't work.

    @lgerman1 I'm sorry to read the decision maker hasn't gone with the assessment report and this appears to have resulted in you being awarded less than expected. 
    As poppy123456 mentions, for the MR focus on the descriptors you feel you should have been awarded giving detailed real-world examples of when you've tried the descriptors. 

    I believe they say around 8-12 weeks for a decision but realistically people are often waiting a lot longer. 
  • onebigvoice
    onebigvoice Scope Member Posts: 859 Pioneering
    calcotti said:
    JBS2022 said:
    ... They are the only circumstances I know of where DMs change a decision.
    The DM is not changing the decision, they are making a decision (which may be different to the recommendation made by the assessment provided).

    The DMs should override the AP much more frequently. It is clear when looking at claims it is often obvious that the AP report is not consistent with the other evidence.
    The Decision Maker is changing a decision made by another Decision Maker since you are or have a copy of the Decision makers report which contains "How I made my decision"
    S/he would have already looked at the AP report and decided that it was reasonable to use this over the (medical) information provided by the claimant.  In re-looking at the assessment process and the previous Decision Makers report when questioning the result of that decision maker at that time all evidence will be looked at again, by a different Decision Maker, this would allow a fair look from both sides.  If at that time the Claimant wishes to challenge any part of the AP report then any supporting evidence you believe was overlooked or not received by the claimant about the How I made my decision section then this is the time to represent it.  Asking where information has been looked at and where it is in the report.
      A Senior Decision Maker can over ride a previous decision or recommend that other parts mentioned could have been given the benefit of the doubt on further inspection of the information, but as you realise this can also reduce your claim for benefit as well, i.e. go down as well as up.
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    onebigvoice said:
    calcotti said:
    JBS2022 said:
    ... They are the only circumstances I know of where DMs change a decision.
    The DM is not changing the decision, they are making a decision (which may be different to the recommendation made by the assessment provided).

    The DMs should override the AP much more frequently. It is clear when looking at claims it is often obvious that the AP report is not consistent with the other evidence.
    The Decision Maker is changing a decision made by another Decision Maker since you are or have a copy of the Decision makers report which contains "How I made my decision"
    You are referring to the MR. My comment was addressed to the matter raised by the OP of the initial DM not following the recommendation of the AP. In that case the DM is, as I said, not changing a decision.
  • Debi1160
    Debi1160 Online Community Member Posts: 8 Connected

    The exact same thing happened to me in June. I requested the assessors report that has still not arrived, and that's after calling PIP a total of 5 times requesting it.

    Did the MR and they have upheld the original decision makers decision so now it's going to Tribunal. I rang and spoke to another decision maker last week upon receiving the MR decision who was baffled as to why the decision does not give any reasons why they have not changed it. Her own words were that the review form and assessors report clearly show the evidence of my difficulties and the aids that I use. I have completed the form for the Tribunal and included the conversation last week, I just hope that the call was recorded as it clearly states on the call, that the call might be recorded for quality purposes.

    I have no choice but to use a wheelchair outside of my home and that has not been mentioned once in their decision, even though the assessors report (according to the lady I spoke to at PIP) clearly states my use of a wheelchair.

    It is clear as rain that PIP are just trying to get as many people as they can off PIP. They pray that people will give up and not take them to Tribunal. I had to do it 3 years ago and now they know that I am doing it again. This time I am physically a lot worse and I will fight them all the way.

    The government say that they want people off benefits and in work and that's how they will reduce the welfare bill, well I already work full time, am chronically disabled, so what's their plan for workers....sorry just Venting anger at this treatment of disabled people.

    My advice is fight them all the way, they want you to just let it go. If you feel you deserve it then keep going 💪

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