PIP, DLA and AA
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PIP Mess!!

BinkyDeeBinkyDee Member Posts: 4 Listener
I was requested to apply for PIP after being on DLA indefinitely. I sent off the forms and had a home visit from someone from ATOS. This lady lied on her assessment of me and I was refused PIP as a result. She also failed to add certain things that I had told her about my illnesses. I was on the higher rate of mobility and the lower rate for care under the DLA scheme. Now I am awarded nothing.
On being notified of this, I appealed asking for a Mandatory Reconsideration. I was sent the relevant paperwork and called the PIP people as I have a hand injury and am unable to put the appeal in writing.
I was given a date that they would call me to discuss the reconsideration and I spoke with a man on June 16th. I explained everything in detail to him and spent about 45 minutes on the phone with him discussing my situation in detail. He told me that this would then go to the decision maker and to give it a few weeks before I can expect to hear anything.
Fast forward to today, 5 weeks on and I'd not heard anything. So I called PIP and was told that this man (Roger) who I spoke to, had closed the case on the 16th June, the very day I spoke to him!! I'd had no letter informing me of this and there is nothing on their records to even show that a letter was even sent to me!!
As a result, I'm now unable to take this further to a tribunal because I'd need the letter stating I was refused the PIP reconsideration. The lady I spoke to today said she would put in another Mandatory Reconsideration again and I'd again have to wait for the decision maker to decide whether I'll be awarded anything!!
This whole thing has stressed me out and has me worried, scared and totally confused as to what my rights are and what I can do next?
Please, if anyone has any advice I'd appreciate it.

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @BinkyDee

    This is awful.  The DWP are obliged to send you a letter in response to your MR request.

    I suggest that you re-post in Ask a benefits advisor for advice from a benefit expert.
  • Liam_AlumniLiam_Alumni Scope alumni Posts: 1,113 Pioneering
    Hi @BinkyDee,

    I'm sorry to hear about the issues you've been having with PIP - it certainly sounds like a stressful situation.

    @BenefitsTrainingCo, can you help?
    Liam
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi @BinkyDee,

    If you have asked for a mandatory reconsideration, PIP have to make a decision and send the outcome to you through the post, which should contain your appeal rights if you are not happy with the decision. For an appeal to be valid, you have to send a copy of the mandatory reconsideration with it. If you are not happy with what has happened (and you have every right not to be) phone PIP ask to speak to a manager. Good luck!
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • wildlifewildlife Member Posts: 1,314 Pioneering
    edited August 2017
    @BinkyDee To add to what others have said if you can find the strength and when you do get to speak to someone more senior tell them you wish to make a formal complaint about Roger, the person who closed your claim down. Insist they do not take another 5 weeks to do the MR as this is how long you've already been waiting. I also suggest you ask for a call back from a Case Worker (formally called Decision Maker) and check that the information you gave to him on the 16th June is being used to do a Mandatory Reconsideration of your PIP claim. They are in the wrong here and they should be the ones to put it right. Also you could contact your MP. MP's very often step in and contact DWP on claimant's behalf. When this happens the problem is usually rectified very quickly.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    It is not unusual for HCP' to misrepresent the facts and make assumptions regarding your capability. PIP is more about functionality than your medical condition
    As you currently have no award in payment, you do have the option of making a new claim, there is no waiting time. However, if you decide to do so remember to close the second claim if you are made an award that you are happy with.
    Be all you can be, make  every day count. Namaste
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    This is just more DWP incompetence.  I won my tribunal appeal two months ago and the DWP have paid me the correct amounts.  However, my tribunal award was indefinite but the DWP sent me an award letter stating five years.  I phoned DWP in mine-June and spoke to a case manager who said she'd tell the person who sent out the incorrect letter to send out an amended one.  Fast forward six weeks to today and no amended award letter.  Phoned DWP and spoke with another case manager who repeated what the first one said.  I'm not holding my breath...
  • DasiydoDasiydo Member Posts: 94 Courageous
    I worry about PIP too I should assiment last week and the idot cannel say there feel ill so now got give up volutar music group as leader was going holiday want be cover the music group but can't because PIP assisment How people now going cope with no peer groups because volutar of recovered mealth health are doing PIP assistant won't move to another day PIP are mess
    V.shaw
  • BinkyDeeBinkyDee Member Posts: 4 Listener
    Thank you for all your responses. I'm currently STILL waiting for a decision to be made on the second MR. I actually got someone to type it all up and sent it in this time with proof of delivery. They now have it and I've been told its with a decision maker. However, despite the delays being their mistake, they won't rush it for me. This is extremely stressful to say the least, especially when I called to check the progress last week and I was told it was with the decision maker and that they were waiting on my medical reports?!! 
    I pointed out that they already have these from when I put in the original claim! Oh my goodness, I don't think the left hand knows what the right hand is doing with these people. 
    You read all the horror stories about PIP and hope and pray it doesn't happen to you, but I think most people who have dealt with them have had issues with their incompetence. 
    I'll let you know how I got on but I've been told that it could take 2-6 weeks to make a decision and this is only week 2. :( 
  • BinkyDeeBinkyDee Member Posts: 4 Listener
    wildlife said:
    @BinkyDee To add to what others have said if you can find the strength and when you do get to speak to someone more senior tell them you wish to make a formal complaint about Roger, the person who closed your claim down. Insist they do not take another 5 weeks to do the MR as this is how long you've already been waiting. I also suggest you ask for a call back from a Case Worker (formally called Decision Maker) and check that the information you gave to him on the 16th June is being used to do a Mandatory Reconsideration of your PIP claim. They are in the wrong here and they should be the ones to put it right. Also you could contact your MP. MP's very often step in and contact DWP on claimant's behalf. When this happens the problem is usually rectified very quickly.
    I want to do this but I'm scared that if I do then I'd be classed as a trouble maker and would refuse me the PIP I feel I'm entitled to. I'm virtually housebound now as getting about is costly and I'm now living with a very tight budget. 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    DWP do not take punitive action and cannot deny you an appropriate award in line with the evidence. If this happened then the Tribunal would jump all over them
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    BinkyDeeBinkyDee,

    Just to add to what others have said - please complain. There's no connection between the decision maker who will look at your MR request and the person who will look at your complaint - they are separate processes. Also, as others have pointed out, the DWP cannot refuse to make a lawful decision on your entitlement following your MR request. Their failure to do so previously was, arguably, in itself unlawful.

    It's common for the DWP to ring people to discuss negative decisions and in the past this has often led to people withdrawing their MR requests - but this clearly did NOT happen in your case. So they were legally obliged to give you a mandatory reconsideration. The fact that they are not rushing to do so now should also form part of the complaint.

    If you do have to go to a tribunal I would expect them to be sympathetic about this mess. It's best to have an MR notice to go to the tribunal (it's difficult, though not impossible, to lodge an appeal without one). However, if the delay means that it becomes more difficult to get evidence for the appeal (because of all the time that has passed since the original decision), then you should explain to the tribunal how the DWP's failures and delay have affected the appeal process.

    There is the option of appealing without an MR notice, but if you are going to do that you should provide as much evidence that you applied for one as you can - eg notes of the telephone calls. You could explain that you weren't able to apply in writing the first time. I think though, given that you have now applied again, and in writing, it may be worth waiting a bit longer (this is tactical, but it will make it easier for you to appeal if you have the MR notice). On the one hand you need money soon, on the other hand it's hard to make a valid appeal without an MR notice. It is the tribunal, not the DWP, who decide if it's a valid appeal, so I'd seriously consider this option if it carries on for much longer.

    I know that complaining is scary, but it is the only way to improve the system over the long term. Another option is to approach your MP and ask them to get involved (you might also find this speeds things up!) If you do complain, be specific about what the DWP can do to resolve your complaint (give you your MR notice by the end of this week, for example!)

    Let us know when the MR notice finally arrives.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • BinkyDeeBinkyDee Member Posts: 4 Listener
    I just wanted to upodate you on my circumstances...
    I was refused any award on my second MR so I asked for everything to go to a tribunal. The first date I had for the tribunal was in the middle of the snow we had so it was cancelled. I've been getting used to all these delays  :/
    FF to today... I attended the tribunal this morning and although I didn't get anything for mobility, I was awarded the standard rate for daily living. I'm happy but not ecstatic and have no choice but to accept their decicsion.
    I would add this though; Having been through this today, if you are nervous about attending your tribunal, don't be!! They were extremely nice and listened to everything I had to say. 
    Thank you all for your advice. 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Thanks and well done !
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    Good news at last, now to try and forget about it for a while , congratulations 
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