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can I ring to ask to speak to the decision maker pip reconsideration ?

gh49gh49 Member Posts: 44 Connected
edited October 2017 in PIP, DLA and AA
Hello it's my first time on here, after reading some comments seems as though everyone who applies for pip is left waiting and wondering if they are to believed.  I had my face to face pip assessment on 14/9, received my decision letter on 5/10 (letter dated 27/9) I was awarded 6 points for daily living and 4 points for mobility. I had already asked for a copy of the assessors report as I felt humiliated and not believed. The assessor was abrupt and uncaring!! I got decision and copy of report on the same day. You hear horror stories, just like a lot of people you look at it and think is this my details. So many inaccuracy's and non truths I could not believe it. I have mental health issues a defective spine bulging discs, nerve compression and spondylosis and I'm in severe pain every day, I didn't cope well at the assessment at all. The report said I could stand up easily, walk at normal pace etc but this is not true. I have said there must be cctv and I have asked for this to be reviewed in my MR which I sent in on 8/10. I have rang to check if it has been received and was told it has been scanned onto the system on 11/10, my question is (sorry for going on) can I ring to ask to speak to the case worker? Would they tell me anything over the phone? Has anyone done this and is sending in a MR even worth it ? Any help would be appreciated thanks

Replies

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @gh49, I've moved your post into the 'Ask a benefits advisor' category where somebody will hopefully be able to assist you further. 

    In the meantime, there is some more in-depth information about the MR process here, that you may find useful. Hope this helps!
  • gh49gh49 Member Posts: 44 Connected
    Oh thank you very much pippa x
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    edited October 2017
    Hi gh49,

    You won't be able to speak to the person who completed the assessment but you can speak to a case manager from the DWP if you want to. 
    It is really important at this stage to ask for a mandatory reconsideration and to supply medical evidence if you have any, and to identify which descriptors you should have scored points on and why. You can get practical help with the dispute process from your local CAB or Welfare Rights service.
    But please don't give up! You owe it to yourself to fight this decision all the way to a tribunal if they have misrepresented or misinterpreted your difficulties in the report and in the decision and so many appeals are won because of how poor these assessments are. Good luck!

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • gh49gh49 Member Posts: 44 Connected
    Ok thanks very much I have sent in my reconsideration request ! Along with some medical evidence. The same evidence the assessor claimed to photocopy to send to DWP but was not mentioned in the decision letter. She asked me to sign a piece of paper she said she would fill in the blanks later, this was to be the header for my new diagnosis of bilateral pars defect with spondylosesis, yet this did not make it to the Dwp. I am just stuck for words. It is the new case manager I meant that I would like to speak to, I didn't know if it would be frowned upon me ringing? I just wanted to see if anyone thought it would be OK? My friends and family tell me not to ring but I would hope this could be sorted at this stage rather than in tribunal I feel I need to speak to them to let them know I'm genuine and the assessor is not, anyone rang before receiving decision of MR any good come from it ? Thanks
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi gh49,

    I have spoken to case managers plenty of times before, there is nothing wrong in doing it and you shouldn't be afraid. You should do it in a calm manner though (even if you feel like blowing up) because they can terminate the call if they are being shouted at.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • gh49gh49 Member Posts: 44 Connected
    Thank you I will ring on Monday, I have had a couple of weeks to calm down ! Thank you for your help 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    gh49,

    You could also consider making a complaint to the assessment company (ATOS or Capita). You don't have to do this, and it shouldn't make any difference to the outcome of your mandatory reconsideration or appeal if you don't, but it is one way of directly expressing your concerns about the very poor service they provide.

    You can complain by email to:
    [email protected]

    or

    [email protected]

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @gh49 I am coming to this discussion rather late but I rang and booked a call back from a case worker and made a complaint to ATOS and it made all the difference for my MR although I only scored a partial victory. The calls are standard practice and sorry to say your family are wrong to tell you not to ring. I would recommend you write to complain rather than emailing especially if your assessment company was ATOS. I did both, the letters were responded to but emails were not. Please let us know how you are getting on..   
  • gh49gh49 Member Posts: 44 Connected
    Thank you very much wildlife, I'm plucking up the courage to ring today. I only need 2 points for standard care, 4 for mobility, perhaps I'm selling myself short but even if I got the 2 points for care I would accept that. The report is full of inaccuracies and gaps. I will let you know how I get on and your message has made me feel better about ringing, yes ATOS ☹️
  • gh49gh49 Member Posts: 44 Connected
    Hi will thank you I'm going to call today and will update here with my experience, kind regards 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    wildlife  - thank you, good tips about writing as well. You shouldn't have to, but I agree, do both.

    ATOS are far too ready to ignore complaints, so as wildlife knows too well, you have to be persistent.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • gh49gh49 Member Posts: 44 Connected
    Hi guys, well I've rang, asked to speak to my case manager, call back arranged for within 3 hours. I've just had a call back half hour later! Guy went through security then said we have all the info we need to make the decision (which is what the advisor in first call had already told me) he said the case manager has all the details. I said oh I thought it was the case manager ringing me back, he said oh no ! Just expect a letter in the post, so I'm no further forward aargh 
  • wildlifewildlife Member Posts: 1,314 Pioneering
    edited October 2017
    @gh49 That should NOT have happened. The advisor you spoke to first should have organized a call back within a 48 hour period with a Case Manager. They used to be called Decision Makers so I wonder if there's some confusion going on. Anyway It's up to you whether you ring back and insist on speaking to a Decision maker or leave it till you get the M. Reconsideration back. Do bear in mind if they don't change the award you can still insist on speaking to a DM. They don't tell you but if you ask they can still keep looking at your claim in between MR and Appeal but make sure you apply for Appeal as well to keep all options open. Also be aware every time they review your claim you are at risk of losing points as well as gaining them so do be careful. Every case is different and what is right for one person may not be right for another. Just a thought that if you sound nervous on the phone they will pick up on it and you may get fobbed off. You have every right to speak to the people making the decisions so stand your ground. Let's hope you get the result you're looking for so none of this will be necessary. Good Luck..   
  • gh49gh49 Member Posts: 44 Connected
    Thanks wildlife yer I could feel my voice breaking on the phone, I had specifically asked to speak to MY case worker, this abrupt loud man rang me back nd yes I felt stupid, I’ve never done anything like this before ! Anyway thanks for letting me know that they do still look at case between MR and appeal, that is good to know as I will fight this all the way. I am gonna leave it a week see if letter comes and take it from there, cheers for taking the time to reply ! Much appreciated 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    @gh49 I think good choice to wait for the paper decision, often the Decision Makers are no more polite than the callcentre staff, so it may only make you feel worse to have them say it at you over the phone as well as write it to you in letter format.

    Remember also that this is just the DWP looking at the own decision, and it is generally their prerogative to maintain a refusal - this is just a step you have to go through to engage your appeal rights, so don't be disheartened if they maintain the refusal.

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • gh49gh49 Member Posts: 44 Connected
    Thank you Mary - just waiting for that brown envelope now! I will update when I get it, kind regards

  • gh49gh49 Member Posts: 44 Connected
    Hello 
    it has taken me literally 2 weeks to come to terms with the outcome of my MR I am feeling so naive ! No change, not one of my points raised have been addressed, I politely said  that the woman (for want of a better word) reported many "inaccuracy's " and surprise not one of them were considered. One of the points I raised was asking for the cameras/cctv to be looked at to prove that I did not walk unaided at a normal pace. When going through the reply this was not raised at all apart from saying ATOS have no reason to lie !! Gutted, although not surprised, 2 points is all I needed and I would have been more than happy for daily living at the lower rate, now I'm not the whole system is wrong so tribunal it is ! Hell has no fury like a woman scorned. 32 unbroken years of employment? 49 years old, trying to cheat the system I DONT THINK SO, any advice / tips would be appreciated, thanks for reading my rant lol 
  • cathiecathie Member Posts: 143 Courageous
    Hey you sound like me ..lol and a thousand other singing  from the same page  no reason to lie  where does this person live under a rock ... see i belive there must be so much  more to all this 
     Bigger pic ..why on earth is it common knowledge yet being allowed again and again  over turns for those of us that didn't starve or kill yourself s so many did reports  show yet there still allowed to be in employment via the government..no accountabilty should all be taken to court .it's cruelty on man kind ..  it's against human rights . A crime  last time I looked .. but maybe if totally misunderstood  the human rights act ... there main theme is to prove you a pair cheater scoundal main   thing they must talk about amoung them self how to wear them down and remove another to gain brownie points .. can't see it any other way .unless they all been taking drugs   makes no sense other wise    if we the weakest  people in society had more strength there would have been a riot .it's criminal    and every body knows it ..  sorry can't help me self soap box again ...
    Only me .. cathie..
  • gh49gh49 Member Posts: 44 Connected
    It's so true cathie they are playing god! They make us feel worthless ☹️
  • cathiecathie Member Posts: 143 Courageous
    Yeh god or Hitler what I experienced from so called assessment  officer made me shake scary and this was on the phone  they want ne to be locked in with him in a centre  r u for real  on the form says we will treat you with respect and show you nothing but friendly vibes   o.m.g. I'm calling that Scottish dave back Monday now I have my wits  about  me caught me total Un aware not prepared  for him ..I bloody will be Monday how dare he  put me down as aggressive  mot sure why . But he will see aggressive  alright  felt so shaken by this man  claims he was making calling me a lair  not taking any thing I said ie was shouting you filled out these forms  I never did  signed my name yes .said you don't have a clue what's going on trouble with you you don't read  anything wanted me to say I can see evidence he was showing me ....err phone s don't allow me to see anything  was a date .turns out date two people came to my house  ****. Scared the he'll out of me calmed down now ill give him Scottish dave  out to show his  aggressive  nasty behaviour  once I said I taped the interview was so concerned  I'd I informed them first then your call is being taped no longer wanted to talk called w.d.p. had no record of me ever being aggressive. . Has no idea what this was about gut menti to make me another appointment .. never did ..  bit won't be allowing this  shows fire with fire wits about you every action every word recorded learnt lesson hard way ... 
    Only me .. cathie..
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @gh49

    Hey don't worry about ranting - the DWP test the composure of us all!

    What a shame the decision was upheld - but as I said before - don't be disheartened! Unfortunately the MR stage really is just an exercise in rubber-stamping, but you now have your appeal rights to go to Tribunal, which was always going to be your best chance of a fair re-hash of the decision.

    As regards tips, the main one is that you MUST request and attend an oral hearing as this will massively increase your chances of success. Other than that, the process is honestly fairly straightforward. In the 'grounds' section of the SSCS1, they are just looking for a summary of the reasons you disagree with the decision i.e. due to [abc] I am unable to/really struggle with [xyz], adding that the medical assessors report is full of inaccuracies which were raised in your MR but not addressed in the response etc etc.

    Whilst I don't mind a rant, keep the Appeal rant-free and also avoid ranting in the hearing - the Tribunal are impartial, and whilst they likely know all too well the issues with the assessments, they'll just want to concentrate on trying to ascertain what points you should score had you been correctly assessed.

    The Citizens Advice have a good guide:-

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

    Hope this helps - keep us posted!

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • gh49gh49 Member Posts: 44 Connected
    edited November 2017
    Thanks Mary,
    funnily enough I have just sent the sscs1 off to start the appeal today. I briefly outlined where I disagreed, that I was complaining separately to ATOS because if the number of inaccuracies which the Dwp just agreed with! I kept it short and to the point but said that I had a lot more to say in a fill submission. I have actually bought a printer so I could print off the form, it doubles up as a photocopier, I look at this as an investment as the bill at the library for all the copies is mounting up. I have put on the form that I will be asking CAB to assist me, however, 2 days after starting to call to make an appointment I am still getting the no-ones available message, the online chat says there's no one available in my area? Etc etc, any ideas on this ? 
    Thanks again
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi gh49,

    I'm not sure about CABs in other areas of the country but in the West Midlands where I work the CAB will help with advice and preparing you and your submission but they won't actually attend the appeal with you and represent your case. You could contact your Local Authority and ask if it has a Welfare Rights team as they may be able to give you the best practical assistance and support at the hearing. Good luck!

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • gh49gh49 Member Posts: 44 Connected
    Oh thank you so much lee I will get on to that on Monday!  Ps. Had my ESA assessment 6 weeks after my PIP one and found out yesterday that I'm in support group, ive requested a copy of the report, mmmm wonder how that differs from the other one which was filled with lies. 
    Thanks again
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    gh49, As Lee says it really depends on where you live. A lot of CABx don't do actual representation but they can help you get your paperwork ready & write a submission. In some areas the local authority still has a welfare rights team, and in some areas there is even a law centre. Or there may be a disability information and advice service - you can check what's available near you with the Scope helpline.

    Well done on your ESA result. That is great news. Worth getting a copy of the report. Maximus who run those assessments are not perfect but it still depends very much on the assessor you get, and many other factors. Even with the right result for you it would be worth knowing what they said.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • gh49gh49 Member Posts: 44 Connected
    edited November 2017
    Hi all, I received a copy of my ESA medical report yesterday !! OMG you would think I had given the assessor my PIP report and told her to disagree with ABSOLUTELY EVERYTHING, it was uncanny and a fair representation of me (placed in support group) I am awaiting date for appeal and have complained to ATOS about their assessor, all papers sent signed for post. I yesterday sent a copy of my ESA report to the PIP department as it 100% contradicts everything the ATOS assessor said massively !! I have asked them to look at this, even though they just agreed with ATOS assessor when looking at MR. DO you think this will help me, has anyone had a decision turned around before appeal but after MR ?? I'm not greedy just feel entitled, I got 6 points care and 4 for the other part, if I got the extra two points for care for standard on that only I would be happy! Looking at the ESA report however I could get more ! 
    Thanks all for reading 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi gh49,

    It is possible for the DWP to change a decision in your favour and lapse an appeal if they feel they can change the decision so you've done everything right and even if they don't change it, the ESA report will be excellent evidence for you to refer to at your appeal. Good luck!

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • gh49gh49 Member Posts: 44 Connected
    edited November 2017
    Thanks lee I remain hopeful i could not have wished for a better bit of evidence it backs me up about the lies the pip assessor wrote about me, I didn’t expect an esa assessment so soon after PIP hopefully it will be worth the stress I will keep posting when I hear anything, kind regards
  • gh49gh49 Member Posts: 44 Connected
    Hi, just a follow on comment, I rang the Dwp 2 weeks ago to check they were aware I had sent the sscs1 form to start an appeal and also if they had a copy of the other assessors report (my ESA one) contradicting the ATOS assessor. I was told they had both, my case was with a case worker and that they had 28 days from 14 November to either amend my points or confirm I am going to appeal. As the 28days are up on Tuesday next week I rang again yesterday. After a struggle I got through to the appeals department, the lady said my case hadn't been decided yet and was with an appeals writer, then she said she didn't think it had been allocated to anyone yet, I reminded her that the 28days are up soon and she said well 'we do try" to keep to this timeline ! I said so will my case be looked at soon, I just thought I didn't believe her, I said so you are saying you haven't decided if it is going to tribunal yet? She said no, my question is, do they have to have dealt with this and let the tribunal service know within 28 days ? Just seems strange that they haven't looked at this yet, any advice please ? 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Have you received acknowledgement from the tribunal that your appeal has been accepted ?
    You should contact the tribunal clerk if you have not received the bundle of evidence within 28 days

    CR
    Be all you can be, make  every day count. Namaste
  • gh49gh49 Member Posts: 44 Connected
    Hi CockneyRebel , yes I received the acceptance from tribunal service within a few days, ok thank you I will contact them on Wednesday once the post has been.  I hope they are dragging their heels because I have a valid claim, I live in hope. Thanks
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @gh49 Now might be a good time to try again to speak to a case worker (decision maker) to find out if they are still looking at your claim while you are waiting for an Appeal date which is normally a fairly long wait. I know you had a bad experience trying to do this earlier in your claim but if you ask to book a call back and arrange a time that suits you and say who you want to speak to it should happen that way. I don't agree with the advice that the MR or any further reviews after the MR are just a rubber stamp exercise. It is if you sit back and do nothing but my experience of speaking to decision makers was that they can only act on the information given to them by the assessors because they haven't got any medical knowledge whatsoever but they can tell you what is happening with your claim and whether they're still looking at it or just letting you go to Appeal despite them knowing there is evidence that the current decision is wrong. I don't believe they want so many people to go to Appeal as it reflects badly on them and by now they should be wanting to get things right. It's up to you but I did this and got my Mobility increased but not my Daily Living. You've got nothing to lose as you haven't yet got an award. You may not get any more points at this stage or you may only get a small increase but even that would be worth the effort as you then need a smaller increase at Appeal to get the award that's right for you. Whatever you do I hope it all comes good for you in the end. 
  • gh49gh49 Member Posts: 44 Connected
    @wildlife thanks to you too. Honestly I only needed 2 points for care for the minimum award I honestly have not had any extra help from the system till this year and would more than happily take this as I genuinely need it. As the 28days are up on Tuesday do you think I should ring again on Monday? I have been deceived before thinking I was speaking to a case worker/decision maker ! Now they are saying my case is with the appeal writer who decides whether it goes to appeal ? Although I haven't been allocated a new case worker after the MR yet argh. I'm going to ring Monday I'm too soft, am I being too impatient ? Thanks
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @gh49 I can hear the confusion and stress you're going through right now, but a lot of it is because you feel helpless and don't know what's happening. I can only say what happened to me and how it helped. Every case is different. After my MR I rang DWP and asked the adviser who answered my call could they please book a call back from a Decision Maker. This appeared like standard practice from the reaction I got. I was offered the following 48 hours during which the call would be made but I said I wanted more time to prepare questions I needed answers to. It was a Monday and the call was booked for Wed/Thurs. when I also knew I'd be in. I calmed myself and wrote out everything I wanted to say. It could be any Decision Maker (now called case workers) not necessarily the one dealing with your claim. But they all have access to your data online. I found them pleasant and very anxious to get things right. It was explained to me that they have no Medical knowledge so rely entirely on the HP's for decisions on how many points you are entitled to. I was able to discuss my case and an agreement was made to review my case again even though an MR had been done that changed nothing. You are further forward than I was at that point as I hadn't applied for Appeal but they knew I fully intended to if nothing was changed yet again. I was surprised to get a phone call about a week later from yet another DM who couldn't have been nicer. She offered me higher rate mobility said she hoped it would help me and asked if I accepted this as I still had standard rate Daily Living. I agreed to accept the offer for now which allowed me to concentrate on the complaint side of things which is still ongoing. 
            You have nothing to lose by ringing even if it's just to find out exactly what is happening which seems unclear ATM. It's looking promising that the further evidence you've sent is being reviewed and a phone chat may be the push they need to offer you more points. Or it may not but it won't affect your appeal so you still have your options open. Take it slowly and don't do anything you can't cope with. If I'd gone to Appeal I may have got a longer award as I only got PIP for 3 years and I may have got higher rate DL but I couldn't handle the wait or the stress at that point in time. So do whatever is right for you..   
  • gh49gh49 Member Posts: 44 Connected
    @wildlife thank you so much for explaining your journey to me I am going to do as you say and firmly ask for a call back. You have been very helpful, I will update again next week, I’m pleased you got sorted in the end ! 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello gh49

    Just a note to say good luck with contacting a case worker, as it has been said in other posts it may be worth writing down the key points you want to tell the case worker. In particular what descriptors apply to you and why, using the medical evidence you have already sent to point out and also back up why you are entitled to the descriptors that you have identified.

    Keep us posted

    Maria


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • gh49gh49 Member Posts: 44 Connected
    Thanks Maria BenefitsTrainingCo. I rang at 8am yesterday (28days for Dwp to respond to tribunal) is today! I asked straight away to be out through to the appeals team, I spoke to a polite lady who said appeal docs received by them on 14 nov and further evidence on 17 nov, which I knew! I mentioned the 28days she said this is a guide and can be shorter or longer! She checked my file, told me who my case worker was and that he would look at everything since the start of application on 4 August. I asked to book a call back, I said I was aware I could do this. She said it is NOT COMMON PRACTICE for case workers to spend time ringing the public but that she would email him so that he would be aware I was chasing things. I said in that case can you ring me back, she said the fact that I’m ringing to chase would not bump me up the queue and that any appeal would mean a wait if 6-9mnths. I said I know that, all I want to know is if it is going to appeal or if they are able to change award. She agreed to ring me back once reply received from case worker. She rang back and said the dept are dealing with cases received on 10 nov and I’m moving up the queue as they are dealt with in date order and said wait till after Xmas!!! Or I could ring next week if I really wanted to, of course I will be ringing and probably Friday cis I just want to know. Anyone had similar experience? 
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @gh49 Sounds like you did really well. I'm sorry about them saying that call backs were not common practice. They must have changed this from when my claim was at MR stage. I honestly didn't know you could ask for a call from a case worker it was offered to me by an advisor. I then took advantage of it as a way of letting them know I was chasing things as you have done. We can't let ourselves be bullied into submission as that is what they want us to do. Let us know how things develop.
  • gh49gh49 Member Posts: 44 Connected
    edited December 2017
    Thank you @wildlife without this site I'm sure I would have buckled under the pressure by now, you and others have been invaluable with help sharing your own experiences. I will check in again with further developments 
  • gh49gh49 Member Posts: 44 Connected
    Hi guys, 
    just a quick question, when I was awarded ESA I found out because a payment went into my account a week before I got written confirmation. I haven’t heard from DWP and will be ringing again on Monday! My question is does payment usually go into account before you get any written confirmation? Thanks 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    gh49,

    Like a lot of things with DWP, it shouldn't but it does happen. In any case, you are entitled to a written decision about your ESA. It's your legal right to be informed of the outcome in writing. So, when you ring, ask if anything has been put in the post. It may be as simple as it having got lost or delayed. If the DWP says something has gone out but you know you should have received it by now, I would ask for a copy to be sent out again.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • sam1234sam1234 Member Posts: 3 Listener
    @gh49 have you heard back from them.. I have send my pip review form it’s been with the case manger for 4 weeks I tang today they said it’s a que to be looked at this week is the 5th week
  • gh49gh49 Member Posts: 44 Connected
    @sam1234 I did hear back it was around 6weeks to get the reply, no change to original decision. This leaves me waiting for tribunal date. If I had had an honest assessment then I wouldn't  be doing all of this, I complained about my assessor and she is denying the points I raised but I am fighting on with it. Hope you get sorted soon, please let us know what happens
  • sam1234sam1234 Member Posts: 3 Listener
    @gh49 have been for my assessment last week hope it’s a good outcome waiting a a decision now 
  • gh49gh49 Member Posts: 44 Connected
    edited February 2018
    Hi all I haven't reported recently, I wonder if anyone has had this before? I don't have a clue where I'm at, anyway / complaint letter no 2 sent the beginning of January to ATOS as the 1st one fell on deaf ears, they withheld their so called HP report and said basically case closed. In my 2nd letter I re iterated that it was me telling the truth, not the HP. My friend sent in a letter too confirming that there were a lot of inaccuracies (she was present). A standard letter dated 18 Jan came saying they were escalating to 2nd tier complaint and a new person would be appointed and no time scale if a reply could be given! 
    This week my husband aware of how all of this has made my mental health worse, his life too must be awful with my ranting lol, he decided to write his own letter on Wednesday 21st Feb and he left nothing out at all, he is no letter writer and was straight to the point. 
    Now I will get to my quandary, I'm awaiting appeal date, I rang the tribunal service on Wednesday who said I should hear within 3 - 4 weeks what the date will be. This afternoon at 3:45pm I received a phone call from the person from ATOS who issued the letter dated 18 Jan to say and I quote " their report is not fit for purpose" due to the fact my mental health was not taken into consideration and they were no longer disputing my complaint. She said themselves and Dwp have decided the best course of action is for me to have another assessment. I just broke down saying cos your HP has not done their job right, I have to go through it again, I said they couldn't put me through that awful process again. She said home visits are usually for people who couldn't leave the house but would try to get me one. I was saying I don't want another assessment I was crying nd she was trying to get me to make a decision, assessment or appeal. I said appeal then I said no, I'm not making a decision, send me a letter and I will decide! She said I will get a letter next week, I told her not to confirm any decision from me as I'm not in right state of mind. By the time I calmed down it was 5pm I decided to ring DWP asked for supervisor in appeals he was lovely, he could not believe ATOS had rang me and said those words, I said well that call better be recorded cos I've got the number,her name and the time on my phone. I said it's disgusting she rang that late on a Friday, the guy at Dwp said no one there for him to converse with as he had never heard of this before. He seemed to know nothing about any new request for assessment. He Is ringing me Monday but I get the idea if I accept the new assessment then the appeal will be cancelled?? I realise that I'm not getting any payments at the moment so nothing to lose in one sense, it's all the hassle I've had by not being believed. I'm so close to appeal, without a report can the appeal actually go ahead???I've said to my husband that I think the phone could have been to see what my reaction was. Ps. Apart from asking my name not another bit of data protection done by ATOS today on the phone ...... Help please ....
  • gh49gh49 Member Posts: 44 Connected
    edited March 2018
    @BenefitsTrainingCo  @wildlife @CockneyRebel and all you lovely helpful people on this site. I can't breath a sigh of relief yet but u had my re-assessment (in my own home) on 15 March, rang on Monday 19th for copy of report which I have received today. My husband opened it but had to give it to me in the end as there was so much detail in it. If you have read this post from the start, the original assessor clearly couldn't be bothered. Anyway, I've put the scoring from the descriptors in the self test and it comes up with 12p for daily living and 13 p for mobility. I was disputing the original 6 for DL and 4 for mobility. They have confirmed this is the same original claim from 4 August 17. I've had no confirmation from the Dwp but would anyone ? Hazard a guess would this be a reliable expectation of the result? 

    Thanks in advance
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi gh

    Generally the DM will accept the report and find as recommended
    Does the report give a review recommendation ?

    Oh and a cautious well done

    CR
    Be all you can be, make  every day count. Namaste
  • gh49gh49 Member Posts: 44 Connected
    edited March 2018
    Yes it says 18mnths. Do you think that will be from assessment or original claim ? 
    I shouldn't chuckle to myself because I know nothing for certain yet but if it's 18mnth from last August they will be calling me for another assessment soon OMG 
    Thank you
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    It should be from the assessment but the award length is decided by the DM
    When you do get the decision letter, the award length is likely to be longer as reveiws are carried out either a year before the end date or in some cases 14 weeks so look out for that

    CR
    Be all you can be, make  every day count. Namaste
  • gh49gh49 Member Posts: 44 Connected
    Cheers you are a star and thanks for your help

    gh
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