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A diagnosis will this affect my PIP Mandatory Reconsideration?

ariesaries Member Posts: 44 Connected
edited June 2017 in PIP, DLA and AA
Yesterday I was diagnosed with Postural hypotension. I have other related problems, heart disease, angina ..... 
Postural Hypertension: blood pressure drops significantly, which causes, fainting, falls, dizzy spells, lightheadedness, weakness, blurred vision, confusion, nausea, shaking. 
I am going to write to DWP (recorded delivery) as now perhaps this will prove that I am not a liar! This is how I was made to feel at my assessment by the health professional.  I have been suffering from these symptoms for quite a while. I do fall over, and have fallen out of bed on numerous occasions. I do have dizzy spells which affect my mobility.
My carer has lost his carers allowance too but has reassured me that he will continue to care/support me as much as he is able.
I really feel this highlights my mobility problems, going out alone is impossible which I explained at my assessment. 
I spoke at great length to my GP about my PIP assessment and the fact that I have had my benefit stopped since 18th April. He was very supportive, and has said he will support my reconsideration/appeal. 
I have contacted other agencies for support and evidence and they have assured me they will support me in the form of letters and accompany me, if it goes to a Tribunal. 
However, as the assessor ignored the majority of the information given to her I'm very concerned that they may well do the same? Will the DWP ignore this evidence? Will the decision maker take this evidence and diagnosis into consideration?
Aries
 

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Unfortunately, Aries, you might have to get as far as a tribunal before anyone takes note of the evidence.  At my hearing my strong medical and other evidence was taken seriously by the impartial tribunal, unlike by the biased DWP who are just there to rubber stamp the assessors' reports.
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    Your diagnosis doesn't matter. All that matters is whether you meet the criteria.
  • ariesaries Member Posts: 44 Connected
    Matilda said:
    Unfortunately, Aries, you might have to get as far as a tribunal before anyone takes note of the evidence.  At my hearing my strong medical and other evidence was taken seriously by the impartial tribunal, unlike by the biased DWP who are just there to rubber stamp the assessors' reports.
    Thank you for your response, I totally believe your right! I will still send a letter with this latest evidence, as you say it will probably be a pointless waste of time and money. It will more than likely go to a tribunal and as you say perhaps an unbiased result may be given? 
  • Liam_AlumniLiam_Alumni Scope alumni Posts: 1,113 Pioneering
    Hi @aries,

    Sorry to hear about the difficulties you have had with PIP.

    I've moved this discussion into our Ask a Benefits Advisor category, where our advisor @BenefitsTrainingCo should be able to help you.
    Liam
  • ariesaries Member Posts: 44 Connected
  • wildlifewildlife Member Posts: 1,314 Pioneering
    edited August 2017
    @aries Please don't give up on the MR stage. I got 6 points added on to my claim even after the MR decision by booking a call back from a decision maker and convincing them they weren't using the supplied medical evidence. As you're sending new very significant evidence I suggest you speak to DWP after they should have received it. You will then have a powerful argument to get your claim looked at again even if they've done the MR. It's worth knowing they will keep sending your case file back to be reviewed by a different "Health Professional" at your assessment company so it's important to keep putting pressure on both ATOS/CAPITA by complaining about your assessment and the DWP. The decision makers know nothing about the medical side they only do what the assessors tell them. But they do do all the admin. so you're persuading them to get another HP to review the new evidence. I had a terrible assessor and was able to prove she hadn't used the medical evidence I'd supplied and neither did the 2nd assessor at MR stage. I got a 3rd review which saved me months and all the stress of going to a tribunal. Don't give up. If you do have to apply for Appeal know that you can still be proactive in trying to get the right result right up to then. Good Luck...
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi aries,

    Having a diagnosis doesn't mean you meet the conditions for benefit (as Nystagmite points out), but I also agree with the others that a diagnosis is useful evidence that you do in fact have the problems you've described on your PIP2 and at the asssessment. So this could help with your MR, and I would definitely submit it. Also, wildlife is right to point out that the DWP can reconsider their decision even if they've already done a mandatory reconsideration (MR)  - there are complicated rules about evidence they didn't have at the time of the original decision, but I wouldn't worry about these now.

    I also agree with wildlife that sometimes the review/MR stage is successful, and that is usually where there is strong supporting evidence, such as yours, and where a GP is really helpful, as yours is - so you have a better chance of avoiding a tribunal than many people. Finally, if it does go to a tribunal, then as Matilda says they are impartial and will take any evidence you submit seriously, including your own oral evidence.

    Good luck - I really hope it is resolved sooner rather than later.

    Will 
    The Benefits Training Co:
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    Michael Chambers
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