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PIP Disallowed what happens next
standup85
Member Posts: 19 Listener
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.
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.
Replies
Sorry to hear that you didn't get the award at MR stage, how long till your tribunal?
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
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
Thank you x
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
😃
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.
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! 😃
It might be costing the government more but I do worry if the award is only for a couple of years. People are reporting that the next re-assessment the DWP are likely to award exactly what they awarded you initially with the current claim. They are citing that the Tribunal made an error in granting the award.
Let's just hope that the Tribunal gave you the 10 year period.
Yes, please let me know how you get on. Fingers crossed
🤞🤞🤞🤞😃
Just a quick update
Called 2day and they said the decision maker was just waiting on a progress update as MR has been fastracked since its being received back from Capita, they know they've got till tomorrow to make a decision. So hopefully .
As I have said it is just an opinion. All three of my assessment reports over the past 5 years were the same. The assessor probably thought that I was not a credible individual, my attitude and body language would have given that impression. The evidence that I had was deemed to be too old and not reliable and that I had not made a strong enough case for enough points when I filled out the claim forms. Personally I never cared what the assessor thought or said of me - I know the truth and that was all that mattered.
There’s no breach of Human Rights here and most tribunal panels get paid very little given what they do. The medical professional and disability qualified member are fee paid and will often not sit enough to survive on that alone each month. Fee paid judges can have entire months with no work. Only the salaried judges are earning in any significant way.
Many HCPs are young, part-time and having to work 2 or 3 jobs to get by.
If not correct a decision manager can't give u an yes or no answer on decision if letter hasn't been sent yet? Apparently they can't?
Hi it's ok now the DM was being awkward, a customer service agent told me he was awarded
What you have quoted may only part of a statement that was intended to have been printed.
Much the same when I am faced with an angry resident who wants to know why his council tax bill has gone up by 34% over the past 2 years.
You have to show it in another more palatable way such as the 34% in terms of cash only amounts to the cost of an extra packet of cigarettes a week.
It's how you say it to get the maximum support - funny old thing is public opinion.