PIP, DLA and AA
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My new PIP claim

rbzrbz Member Posts: 96 Courageous
On 2018 I moved from DLA to PIP and received 0 points on both components. Tribunal awarded 2 points on daily living. At this moment my case will go to Upper Tribunal.
On October 2019 placed new PIP claim. Capita suggested 16 points for daily and 14 points for mobility, but DWP do not agree with the descriptors chosen, because I was disallowed PIP on 2018.
Recently placed complaint regarding decision delay and asked full documentation regarding my PIP claim.
Papers shows multiple communication between DWP and CAPITA. CAPITA supplies DWP with 4 Supplementary advice notes (PA5 and PA6).
Capita suggested 12 point for daily and 14 points for mobility, later changed to 10 points daily and 14 points mobility.
Seems DWP look how to disallow new PIP claim.
DWP argue about my PIP claim dated 2018 and Tribunal decision and ignore new medical records supplied with new PIP claim form.
Tomorrow will place new complaint against DWP steps, because can't understand why they ignore new evidences and talking about old claim.
PIP Assessment report DWP received on 10.02.2020 and last updated Supplementary advice note received on 03.07.2020

Replies

  • AwesomelorenzoAwesomelorenzo Member Posts: 108 Connected
    DWP don't want to pay anyone more than need be.
  • mikehughescqmikehughescq Member Posts: 5,931 Disability Gamechanger
    I think with all due respect we’ve been here before on multiple occasions and multiple threads. 

    My understanding was that you’d applied for leave to appeal on one claim but that your current claim resulted in an award of enhanced rate for both components. That seems borne out by reading back on the several threads, so, what am I missing?

    You either get leave to appeal to the UT or you don’t. It’s not clear what “at this point my case will go to Upper Tribunal” means. Has leave been granted?

    As regards the current claim you have been previously advised your several complaints are likely to go nowhere fast and from your latest post that does indeed appear to be the case. The case your pursuing here and it’s ultimate aim evade me completely. 
  • chiariedschiarieds Member Posts: 7,918 Disability Gamechanger
    Unfortunately Awesomelorenzo has made several of these today, which I've commented upon on another thread. In that case I felt such unfounded negativity could very well put the OP off from responding further.
  • rbzrbz Member Posts: 96 Courageous
    @mikehughescq
    Regarding PIP claim 2018 - The appeals service refused leave to appeal. As it has not been established that the decision of the tribunal is , or may be, erroneous in point of law.
    However Tribunal refused look into my complete medical records and decision based only on PIP Assessment report even report content inconsistent with evidences from hospital.
    I will go further even TAS not granted  for leave to appeal to the Commissioner. 
    I try recover my PIP claim for December 2018 to October 2019.
    New claim dated 2019 PIP Assessment report contains more adequate information, so I am happy with 10 or 12 points for daily living and 14 points for mobility.
    So I not understand why DFC not agree with CAPITA report.
    When placed new claim I eliminated all issues which happens during 2018 PIP claim.
    DFC was supplied with full medical records (on 2018 DFC not used any updated medical records).
    On 2019 I recorded PIP Assessment and Report seems adequate. On 2018 Assessment report contains errors, Capita refused tell why report incomplete and with errors, because Disability Assessor very busy and can't recall my assessment details.

    Director of DFC multiple times told me about high standards, so I don't allow DFC waste my time. DFC received all papers regarding my claim on 10.02.2020 so 22 weeks delay not reasonable in my case. DFC told me about  problems due Covid-19, however communication between Capita and DWP shows no restrictions with paperworks and delay caused only due multiple requests for  "extra advice". 
    DWP 4 times asked for extra advice from Capita even there was no any extra evidence or information available.
    Between 10.02.2020 and now DWP received 1 PIP assessment report and 4 Supplementary Advice Notes (very similar to Assessment Report). I think this is abnormal.
    On March 2020 I already received around £595 PIP payment, and  HMRC reported me about PIP award. Later DFC told me that there no Final decision and payment was made by error.
    So I do not see any High Standards from DFC side and I always place complaints against every DFC maladministration.
  • mikehughescqmikehughescq Member Posts: 5,931 Disability Gamechanger
    I have occasionally been pulled for being blunt/brutally honest on here. Your case is one of those where I feel that’s absolutely necessary. 

    As regards the original claim a tribunal will only assess the evidence in front of them. Provided they believe they have enough evidence to make a decision they will go ahead and do so. If you put your medical records in front of them they will be considered. If you do not then they’ve no obligation to go get them.

    As regards your new claim I can’t see anything of any significance to complain about which would make any material difference to anything. Please feel free to explain what exactly it is you think you’re going to get out of this.
  • AwesomelorenzoAwesomelorenzo Member Posts: 108 Connected
    I have heard it on the news. You hear of people who can't walk, or can't get through day to day life and they still don't give them the money.
    Also one of my family members money got cut and he is serious
  • rbzrbz Member Posts: 96 Courageous
    @mikehughescq
    Recently I received 5 forms (PA4, PA5 and PA6).
    Assessment report suggested 16 points for daily and 14 points for mobility.
    After couple of weeks DWP received absolute same advice from Capita  (16 and 14 points).
    DWP again not happy.
    After next 2 weeks DWP received another advice from Capita. Again same 16 and 14 points.
    DWP still not happy.
    Latest advice from Capita suggest 10 points for daily, however another 2 points also reasonable for activity 4b. So now DWP can select between 10 or 12 points for daily. Mobility part not changes - 14 points.
    I believe there just waste of time and DWP desperate want disallow my PIP claim.
    I am not see any reason multiple time to contact Capita and ask for advice.
  • rbzrbz Member Posts: 96 Courageous
    I have heard it on the news. You hear of people who can't walk, or can't get through day to day life and they still don't give them the money.
    Also one of my family members money got cut and he is serious
    This is because peoples did not complain against DWP and assessment companies.
    In my case I not awarded points for 2 activities, when asked advice there in the forum everyone told me "You already awarded Enhanced rate, so no need contact DWP/Capita because extra 2 or 4 points not improve my claim".
    Most people receive advices like that. Scope advisors don't care about  claimant future, because during renewal very likely person again not get any points for some descriptors.
    I never stop fight against DWP maladministration. I will ask to review 2 activities even my PIP payment not change.
    I want see fair award. I not give any chance my daily living score reduce from 16 to 10 points.
    Everyone must push DWP.

  • woodbinewoodbine Member Posts: 3,719 Disability Gamechanger
    I have heard it on the news. You hear of people who can't walk, or can't get through day to day life and they still don't give them the money.
    Also one of my family members money got cut and he is serious
    The Daily Mail is full of such nonsense, might help us understand if you explained why one of your familiy members had their money "cut" we could then offer some advice.
    my advice is given freely and is correct to the best of my knowledge.
  • AwesomelorenzoAwesomelorenzo Member Posts: 108 Connected
    woodbine said:
    I have heard it on the news. You hear of people who can't walk, or can't get through day to day life and they still don't give them the money.
    Also one of my family members money got cut and he is serious
    The Daily Mail is full of such nonsense, might help us understand if you explained why one of your familiy members had their money "cut" we could then offer some advice.
    Well, All I know is that he's autistic. He has trouble working, but can manage(Vaguely) By himself in his house. He got his money cut when he went onto PIP, I don't know why.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    woodbine said:
    I have heard it on the news. You hear of people who can't walk, or can't get through day to day life and they still don't give them the money.
    Also one of my family members money got cut and he is serious
    The Daily Mail is full of such nonsense, might help us understand if you explained why one of your familiy members had their money "cut" we could then offer some advice.
    Well, All I know is that he's autistic. He has trouble working, but can manage(Vaguely) By himself in his house. He got his money cut when he went onto PIP, I don't know why.

    Not being able to work has no affect on a PIP claim. If your relative was transferred to PIP from DLA then they are 2 completely different benefits, with different criteria. It's fact that we will only ever hear the bad stories and rarely the good ones.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • mikehughescqmikehughescq Member Posts: 5,931 Disability Gamechanger
    @rbz to be clear then. If the HCP had scored you low and the DM had followed that you would have likely complained that the DM was out of order. Had the HCP scored high and the DM followed that then you’d have presumably had no complaint. You would hardly be alone in such an approach, short-sighted as some might consider it to be. 

    Essentially then your complaint is that the very thing many people on here complain about - a DM slavishly following the recommendation of a HCP - hasn’t happened in your case. They’ve shown some independence and you don’t like that because you don’t like the outcome. No doubt had that independence gone in your favour you’d have liked it a lot more!

    It strikes me that you’ve many many fundamental misunderstandings about how these processes work. Most people feel DWP decisions very personally because they can have such a large personal impact. It doesn’t mean they are personal though. To DWP you are nothing but another case brought to life only by your anecdotal evidence. When they send a report back it’s not to deliberately get your points reduced. It’s because a DM has a legitimate query on why certain points were scored. If the answer doesn’t make sense then they will, rightly, send it back again until they have clarity. The outcome could go many ways. The DM could simply go with the HCP recommendation. The HCP could spot errors and revise downwards or upwards. 

    If the HCP has revised their recommendations downwards it’s as well to realise that won’t just because a DM queried it. An audit will have taken place and that will have involved multiple medical advisers. Your expectation that a complaint will make someone realise that the DWP have it on for you is essentially not based on any kind of reality. I doubt anyone here has the capability to persuade you to drop the matter but you really are inviting a level of scrutiny of your award that is more likely to make things worse than better. 
  • rbzrbz Member Posts: 96 Courageous
    @mikehughescq
    In my case DWP received all information on 10.02.2020. I not see any reasons for additional 4 or 5 contact to Capita. As there no new advices and no new evidences. However 5th advice reduces daily living 16points to 12 points. But I fully agree with this.
    However DWP not take into account another 2 activities where I should be awarded 2 point for each activity.
    DWP also contacted my GP for extra information, but my GP not familiar about problems during my daily living. So there another waste of time and public funds as DWP paid £60 for information, which they already hold from 10.02.2020 
    Resume: DWP wasted 5 months for nothing.
    DWP fully ignored my concerns during PIP claim on 2018 where I received 0 + 0 points, and now DWP very surprised how I received 16/12 + 14 points on new claim even there no new evidences if compare with 2018.

  • mikehughescqmikehughescq Member Posts: 5,931 Disability Gamechanger
    I have literally nothing to add. Good luck to you whatever it is you think you’re trying to achieve. 
  • AwesomelorenzoAwesomelorenzo Member Posts: 108 Connected
    Well I only hear stuff like that on the news, what else am I supposed to think?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Well I only hear stuff like that on the news,
    Which isn'[t very often..
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • rbzrbz Member Posts: 96 Courageous
    Today received award letter.
    Enhanced Daily/Enhanced Mobility
    16.10.2019 - 28.01.2023
    Happy enough.
    However still fighting for PIP award  for September 2018 to October 2019 (will send papers to Commissioner).
  • janer1967janer1967 Member Posts: 9,113 Disability Gamechanger
    Hi @rbz Glad to hear you have been awarded and hope you can see that not all claims have a bad outcome
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Glad to hear you've been awarded for October 2019 until January 2023 @rbz
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • rbzrbz Member Posts: 96 Courageous
    I received 12 points for daily living and 14 points for mobility.
    I discussed with DWP about activities No.6 and No.9 where DWP not awarded points, we decided leave this until PIP renewal and not waste time now.
    Also DWP promised £1000 compensation for decision delay. We decided that there was no reasons 5 times to contact Capita for additional advice, also request extra information from my GP was not reasonable. By these reasons my PIP claim decision delayed from 10th February 2020 till 9th July 2020.

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