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PIP Query

Other than the point system for PIP does the decision maker take into account any other information/evidence from the consultation report?. The reason I am asking for is I have received a copy of the report PA4, and there are some discrepancies in this report to the actual meeting. Things like I drive daily [I don't leave the house] my car is parked approx 15 meters away from the house, [it's actually park 4 steps from my door lest then 3ft and I was not asked this question] and other discrepancies. According to this report I get 10 points for cares element and 10 points for mobility but I believe my mobility should have been higher.
Can anyone help with this query?
Can anyone help with this query?
Replies
Once a decision has been made you can ask for the Mandatory Reconsideration and you have 1 month to do this. You can lose everything you already have as they will look at the whole award again. You'll need to put your request in writing stating what you disagree with and where you thing you should have been award those points.
Only 20% of MR decisions change but over 65% of those who appear at their Tribunal have a decision in their favour. It's a very long process and some are waiting a year for their hearing, it all depends on the backlog in your area.
We have, unfortunately, heard from others about having incorrect information in their reports. As mentioned in the other comments, you can ask for a mandatory reconsideration if you feel that you should be getting more points based on their criteria.
If you do want to request a mandatory reconsideration, we have some useful information about appealing a DWP benefits decision. You may find the following video on mandatory reconsiderations of interest:
I hope this helps! If you have any other questions, please do get in touch.
The DWP will drag their feet at every opportunity and appeals are taking 2 years in some cases to get a result.
As others have commented it's very common for there to be inconsistencies in the report. It's worth asking for an MR and complaining (to the assessment company) too. Unfortunately there's a backlog in the complaints system but don't be put off as it is still worth letting them know (eg if you have to take the complaint further to the Independent Complaints Examiner you will find there is a very long delay).
For now I would concentrate on getting your award right - although markyboy is right that the tribunal will look at the whole award (and so it is possible to lose points), if you are confident that the points you have been awarded are correct, then I would go for it to get the extra ones you believe you should also have. It's very unlikely that your decision will be changed at MR stage but it is possible and also, it's a stage you have to go through.
If you can, be precise about what points you should have got and why. Point out the inconsistencies in the report and explain what evidence you have to the contrary (even if this is just based on examples from your everyday life). Although it will take a long time to get to a tribunal, you do have a high chance of success at appeal.
Do complain meanwhile because these reports are simply not good enough. Information which hasn't even been asked of you shouldn't be in the report. As you say, decisions should be based on evidence. If you haven't already, do talk to Motability about their options for you to get some financial help as you are transferring from DLA.
Good luck. Please don't give up - and do talk to your MP about what has happened, if you can, as we need to keep up the pressure to change the assessments. If the loss of the car is going to put your job at risk, this is a political issue as well as a personal one so it is worth getting your MP involved.
Will
Will
I've also found out that the decision maker has stated that the decision was based on information provided by my consultants and general practitioner, however, the lady at the DWP has stated that they no longer approach an individuals practitioners, apparently this is left to the applicant even though the application form states they will contact an individuals practitioners.
Their explanation to me is that if I am able to drive a manual car albeit a Motability one, than assumptions can be made as regards concentration, planning a route, good movement of legs, arms and hands etc.
At the end of the day it all depends which descriptors you are relying on - do they contradict the ability to drive a manual car both from a mental health and physical health point of view?
In my MR I explained (again) that I don't drive, my wife drives the car as I had to hand in my drivers licence years ago to the DVLA. due to medication issues and an unstable mental health condition (which the DWP refuse to accept).
As far as manual cars are concerned this is precisely why face to face advice is needed. Claimants need to play devils advocate with their claim pack and, on the one hand, get in as many anecdotes about the impact of their health as possible but at the same time understand that everything is open to being interpreted in more than one way unless you literally spell out why it shouldn’t be.
If at the hearing the tribunal actually wanted to reduce your current award (quite rare but it does happen on occasion) almost certainly they would ask if you wanted to withdraw your appeal. If you did so, you would keep your current award.
Something that clearly didn't happen, sadly there is a blame system, the DWP only make their award based on the HCP report, the HCP do not make the award we only do as requested and fill in the form.
Truth is you have to get a lot of evidence and try and show how each descriptor effects you, I have done both with short and long answers and I am unable to decide if either help. I have seen it said assessor don't try and trick you, but instead of how far can you walk, we were asked "How long can you stand" that turned into "We decided you can walk 200m or more"
If your not happy with what's on the HCP report complain to who ever it was that did the assessment, ask for a MR and be prepared to go to tribunal because less than 20% get changed.
I spent 40mins on the phone when the MR was done, explained some of the errors, still no change, went to Tribunal got enhanced PIP/lower rate mobility as we sat down, the doctor asked if my partner wanted to try for enhance mobility, she did and was what could only be called interrogated for 15min and awarded full mobility.