Should I contact DWP?

MarieBarl

I get basic mobility, thats all for pip.

I asked for the mr  but they decided I don't need any more help before despite the changes I've undergone. I can walk a max of 10ft with a walker and it's a struggle,  but they assessed me as walking 20-50 metres. They read my ESA application before deciding, apparently. Not that my condition is different but the questions are. I was so hopeful of recovery and its just not happening.

And No. I never have had the WCA results. I don't feel like getting out of bed some days. I know they are changing to a more 'what work you are capable of' approach, but for some reason believe everyone lies.

I was told the DWP printer had problems for a few days and that was probably why I did not get a letter.

I've spent a day, on and off trying to reply to this without turning it into an incoherent rant.  

poppy123456

It's not unusual for the MR decision for PIP not to change because only 23% of them do, in the claimants favour. If your health condition has got worse since the date of the assessment then unfortunately, this won't be taken into consideration. You can proceed to Tribunal now where the chance of success increases to about 68%. Providing you either appear in person or have a telephone/video hearing.

For the WCA i'd advise you to ring ESA to ask if a decision has been made. May i ask what date your claim for ESA started and what date it ended? The reason i'm asking is that if placed into the Support Group the money doesn't increase until the 14th week of your claim.

For the avoidance of doubt the WCA has always been about the work you can do, rather than the work you can't do.

Jimm_Alumni

I was told the DWP printer had problems for a few days and that was probably why I did not get a letter.

I find the idea that the DWP only has the 1 printer truly baffling. An awful excuse about you not getting your letter.

I cannot think of any advice right now that poppy has not already given you @MarieBarl. I will say though, if you wish to rant feel free. Sometimes we need to rant, just keep the swearing to a minimum if possible . I know it's hard, let us know if you need support or advice on anything else when it comes to the tribunal.

Have you considered reaching out to Citizen's Advice to help you prepare for your MR and perhaps tribunal?

I also hope your dad feels better soon.

MarieBarl

poppy123456 said:

It's not unusual for the MR decision for PIP not to change because only 23% of them do, in the claimants favour. If your health condition has got worse since the date of the assessment then unfortunately, this won't be taken into consideration. You can proceed to Tribunal now where the chance of success increases to about 68%. Providing you either appear in person or have a telephone/video hearing.

For the WCA i'd advise you to ring ESA to ask if a decision has been made. May i ask what date your claim for ESA started and what date it ended? 

ESA was 22nd March to 25th August. It wouldn't have come to much if they did give me any extra. It is just annoying me that they don't seem to be able to offer a fair and consistent service.

Do you know why we have to write giving details of how badly we have deteriorated since the first assessment iif they won't actually change anythiing? I initially reported it as I was informed that if I didn't they could stop my PIP. 

It is what it is. 

I'm still looking for something to eke out my pension a bit. My pension fund value has fallen by quite a bit  due to the economic climate and it wasn't at all big to start with. Nobody really wants someone who is old and disabled. My heart goes out to others in this position. 

MarieBarl

Jimm_Scope said:

I was told the DWP printer had problems for a few days and that was probably why I did not get a letter.

I find the idea that the DWP only has the 1 printer truly baffling. An awful excuse about you not getting your letter.

I cannot think of any advice right now that poppy has not already given you @MarieBarl. I will say though, if you wish to rant feel free. Sometimes we need to rant, just keep the swearing to a minimum if possible . I know it's hard, let us know if you need support or advice on anything else when it comes to the tribunal.

Have you considered reaching out to Citizen's Advice to help you prepare for your MR and perhaps tribunal?

I also hope your dad feels better soon.

Thanks.

Printer server or system maybe? I'm sure there must be more than 1 physical printer

Dad is a little better and even considering getting a shopping scooter for getting around. That was the best news I have had in a while.

poppy123456

MarieBarl said:

poppy123456 said:

It's not unusual for the MR decision for PIP not to change because only 23% of them do, in the claimants favour. If your health condition has got worse since the date of the assessment then unfortunately, this won't be taken into consideration. You can proceed to Tribunal now where the chance of success increases to about 68%. Providing you either appear in person or have a telephone/video hearing.

For the WCA i'd advise you to ring ESA to ask if a decision has been made. May i ask what date your claim for ESA started and what date it ended? 

ESA was 22nd March to 25th August. It wouldn't have come to much if they did give me any extra. It is just annoying me that they don't seem to be able to offer a fair and consistent service.

That will take the 13 weeks to 21st June. Extra money would be from week 14 if placed into the Support Group.

MarieBarl said:

Do you know why we have to write giving details of how badly we have deteriorated since the first assessment iif they won't actually change anythiing? I initially reported it as I was informed that if I didn't they could stop my PIP. 

If this is regarding the MR then they will not take into consideration a worsening of condition since the assessment took place. They are looking to see if the decision was correct at the time it was made. The last thing you should focus on for MR and Tribunal is your condition getting worse because that's not going to help.

MarieBarl

poppy123456 said:

If this is regarding the MR then they will not take into consideration a worsening of condition since the assessment took place. They are looking to see if the decision was correct at the time it was made. The last thing you should focus on for MR and Tribunal is your condition getting worse because that's not going to help.

In which case I don't understand why I  had to have a mandatory reconsideration since I haven't argued about the initial award. I simply reported the worsening condition as I was informed I had to, and was told at that point I needed to request the MR before they could proceed. 

I had always been of the belief I would not get any extra as they don't include anything in reviews that wasn't in the original claim. 

poppy123456

That's very poor advice you've had there to be honest. When reporting a worsening of condition then usually they will send you more forms to fill in and return with all your supporting evidence. This will then likely lead to another assessment, the same as the first time.

However, please be aware that if the worsening of condition was reported after you reached state pension age then it's not as straight forward as just being able to get a higher mobility award, if you don't already have Enhanced mobility. A supersession maybe possible but this is complicated and needs some expert advice from an agency near you.

chiarieds

If I'm reading this right @MarieBarl - as far as PIP goes, you reported a worsening of your condition, which you thought you had to do, which would be considered what's called a 'Change of circumstances.' If that was the case then you should have been sent another claim pack, & likely had another assessment. Did you report a worsening of your condition? If so, this shouldn't have jumped to a MR, as that's when you're appealing an actual decision.

Or, perhaps with a review, you said your condition had worsened; I do apologise that I'm unsure which has happened. Either way it seems you should have received a decision letter about your MR in July, but due to problems on the DWPs part this wasn't sent out until you queried it, but the date on this MR decision is July as it has been backdated to when it should have been sent out.

Either way, I would still consider you have every right to appeal to a tribunal due to the delay in your receiving such a MR decision letter.

MarieBarl

@poppy123456 @chiarieds

I reported a worsening of the condition before I reached pensiion age, but was told during that phone call to write a letter requesting a mandatory reconsideration. I was not sent any forms and as I have said, am now past pension age.

This goes from poor to poorer.

I hope others can learn from it. I get so angry now. I hope I can at least highlight the shocking way some people are treated either in error or ignorance.

I will see if something can be done, but I am so angry all the time now. I suspect the call record does not exist any more and I have lost out.

poppy123456

Some calls are recorded for training purposes only but not all of them. 

You can still request the MR on the current decision but a worsening of condition will not be taken into consideration. However, a worsening of condition doesn’t automatically entitle you to more points for a higher award.

You can make a complaint with PIP about the advice you had from the call centre too. 

chiarieds

Hi again @MarieBarl - sorry to not get back to you earlier. I also keep on forgetting to refresh the page when I'm thinking/replying to a post, so poppy & I perhaps replied at roughly the same time.

Thank you for replying. I so want this to be sorted for you, & have been trying to find out a little more, but I haven't seen a situation where a claimant reported a worsening of a condition before State Pension Age, which should have been considered a 'Change of circumstances,' yet was 'advised' by the DWP that they had to do a Mandatory Reconsideration (which didn't result then in any change to an award).

I have found, I believe, that you can appeal to a tribunal later than the month stated on your Mandatory Reconsideration (MR) letter from the regulations. You can request an extension of time, giving a reason why it isn't in time, & I think you have every reason because you didn't receive your MR decision letter until you requested it, & which you have only just received, as the DWP had difficulty posting this in July. However, the decision letter for your MR is dated in July, so you thought you couldn't appeal to a tribunal.

I also feel that you may be helped by checking here: https://advicelocal.uk/   choose 'Welfare benefits' from the drop down menu to see if there's a Welfare Rights Office (or another helpful organisation) near you.

It's great that you are saying about the problems you've had to help others, but I'd also like to see it put right for you, so I'd also like to ask @Adrian_Scope for his help here, & thank you in advance Adrian