PIP Disallowed what happens next

standup85

Hi everyone,
I have just joined, hoping to get some advice.
My son has Aspergers, ADHD, Sleep onset problems, Anxiety and hypermobility. He was in receipt of middle rate care and lower mobility, this will all come to a holt next month due to Pip claim being disallowed. The assessor(Capita) I've already complained about,  lie from the get go, said she started assessment at a time and she hasn't arrived, said my son was alone throughout home visit then further in report states I was with my son. Every descriptor was contradictory to what was said, missed out our answers, a complete lie. I am of course upset about this but I'm going to fight the decision. Wrote a lengthy MD based on report as haven't had letter yet. Any advice of what else I could do?
Thank you in advance.

lindadenise

Wait for your letter and do MR i am at tribunal stage the MR didnt work for me.

standup85

Hi Lindadenise
Sorry to hear that you didn't get the award at MR stage, how long till your tribunal? 

lindadenise

I was going next Tuesday 30th October but they rang today to say couldnt get a doctor to sit on panel.
I have now got to wait for a new date i have waited 23 weeks so far. Its a long drawn out process and so stressful. I hope you win at MR good luck 

standup85

23 weeks from your disallowed decision? That's a very long time. I went to tribunal with my son's first DLA claim and won. It's just a stressful time. Hopefully you won't wait to long and it will go in your favour in court.

poppy123456

standup85 said:

23 weeks from your disallowed decision? That's a very long time. I went to tribunal with my son's first DLA claim and won. It's just a stressful time. Hopefully you won't wait to long and it will go in your favour in court.

That's actually very quick. Some areas have huge backlogs and people are waiting a year and more for a hearing date.

patriciahendy

Keep fighting, report to your MP, the press radio stations, these people are getting away with breach of human rights, Would be interesting to know how much they are paid whilst the sick and disabled are having what is rightfully theirs withdrawn.

standup85

Hi all, 
Just an update, sent off a lengthy mandatory reconsideration breakdown all the descriptors, where assessor went wrong etc. 3 weeks later (yesterday) I called up and the new case manager who is looking over my son application is not happy about the report and has sent back to capita for them to explain, the manager in reconsideration team couldn't apologise enough and promised me that I'd have an answer by the end of the week. I am very confused anyone else had a similar situation?
Lorna

poppy123456

It could be that the DM noticed contradictions in the report against the evidence you sent. It's purely a guess as no one can predict anything at this stage. Hopefully the decision will change in his favour, it's rare at this stage but it can and does happen. Good luck.

lindadenise

Good luck

standup85

Thank you

standup85

lindadenise said:

I was going next Tuesday 30th October but they rang today to say couldnt get a doctor to sit on panel.
I have now got to wait for a new date i have waited 23 weeks so far. Its a long drawn out process and so stressful. I hope you win at MR good luck 

Have you heard anything about your appeal?

lindadenise

Yes my appeal is on the 17/12/18 great a week before christmas. Not looking forward to it, its been so stressful. I will let you know how i get on.

standup85

Wish you all the best for then.. keep strong. X

lindadenise

I will keep strong i need to fight to thd end.
Thank you x

ceege4

Hi @lindadenise
My whole thing took over 18 months from start to finish but I won at the tribunal. There was so much evidence that the judge made the decision before I was called into the courtroom. I was in there less than 10 minutes. Keep your spirits up and I'm sure everything will be fine. Hope it all goes well 
?

standup85

Oh wow 18months, that must of bern a testing time for you? Well i called 2day Capita sent report back again yesterday so hopefully by end of week I should get a response to the mandatory reconsideration 

DavidJohn1984

@standup85 you can also put in a complaint against the assessor.

I also had an assessor that misrepresented my whole assessment.

I think the best thing people can do when this happens is complain to Capita/ATOS so they can start to build up a picture of assessors that give unreliable information. 

standup85

DavidJohn1984 said:

@standup85 you can also put in a complaint against the assessor.

Oh I did not letting the assessor get away with what she done. Capita was refusing to take my complaint. Trying to twist my words, eventually after talking to a manager. They have sent me a letter so excited to see what they have said

ceege4

@standup85 hi
It was an absolute nightmare but I ended up getting more money than I was before. PIP decided I didn't need the higher component of the mobility award but I was entitled to the standard daily living allowance. The judge decided I was entitled to the mobility component and he also said he was awarding me the standard daily living allowance as well so I don't see how my case saved the government any money at all! In fact it is now costing them a lot more! It's a long haul but I beg everyone to keep fighting for everything you are entitled to! ?

standup85

Really good hearing positive outcomes, this is taking its toll on me atm. Hopefully it will all come 2 an end soon if not I'm going to fight till the end.