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Hi, my name is emc123! Is it unlawful for them not to have a report after my paper based review?

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emc123
emc123 Community member Posts: 76 Courageous
edited August 2022 in PIP, DLA, and AA
Hi can Admin advise please :-) 
   I've had a Review Paper Based last month and Decision letter renewed my award for another 3yrs same rate,
I need to MR the Mobility Component so I called for The Report (PA3),  they sent the wrong one(the original report from 1st application 2020), and are now telling me That's the Only Report they Have.
Surely all assessments even Paperbased have a Report otherwise how can we MR successfully arguing a Report that doesn't exist  :-( 
Is this unlawful or at least Against DWP policy, Assessors Guidelines,PIP Regulations etc?
(We Need to know If they haven't followed the rules so I can add this to MR and Maybe a complaint). 
Many thanks in advance  :-) x

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,012 Disability Gamechanger
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    For a review sometimes a decision maker will look at your form and any other evidence you sent and make a decision from that, rather than send your file to the health assessment providers. If this happens there won't be an assessment report. It's not unlawful at all or against DWP policy.
    You also don't need the assessment report to request the MR or Tribunal. Having the report only causes distractions anyway. For the MR you need to state where and why you think you should have scored those points. The decision letter will tell you where you scored points. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • emc123
    emc123 Community member Posts: 76 Courageous
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    Many thanks Poppy Yes it was definitely an In House review they'd received my AR1 and Reviewed it all within 24hrs Shockingly sharp.
           But It made me wonder if they've even Read,let alone Considered my New Evidence at all.(sent 12th July 2pm & got the text "We've Received Your Written Report" on 13th before 9am).
          The New evidence should have taken me from Standard Mobility to Enhanced Mobility if looked at properly & it's Definitely not been a Considered Review  :-( 
    The Journey Activity Descriptor E was my Original award, and I appreciated that as correct (I didn't leave the house at all), But as I stated in AR1 with lots of Evidence I now Must leave the house 4x a week for my care and Always Accompanied on a Familiar journey.
       That is descriptor F but Decision letter looks like all they've done is go by my Original PIP2 and kept me the Same Rate without thorough considered Justification.  
    Why Review if they simply Glance through it and decide using Old information  :-(  x
  • emc123
    emc123 Community member Posts: 76 Courageous
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    I can tell my New updated evidence wasn't looked by clues in the decision letter  Eg "No Physical Diagnosis" 
    There Wasn't in 2020 but there Is now & it was sent, (Rheumatologist Diagnoses Letter and Physical Examination Findings.) So I may have missed out on points for the Moving Around Section.
    Another Eg it said " Cannot leave the house at all due to OPD",  Again this is 2020 my PIP2.
    (I sent Supporting Letters from Carer and the place I go for care 4x pw),

    Very important Review changes to Ignore/not mention. :-(   x
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,982 Disability Gamechanger
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    @emc123 How have things been for you more recently? I appreciate it has been a little while since you last posted on this thread now.

    I want to make sure you have access to the support you need and deserve but I am also aware that things might have changed since.

    Please don't hesitate to let us know if we can do anything to help. We are all here for you  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her. 

    Please note: if I use the online community outside of its hours of administration, I am doing so in a personal capacity only.
  • emc123
    emc123 Community member Posts: 76 Courageous
    edited October 2022
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    Hi that's very kind thank you,  I later understood the reason for no report as Dwp DM didn't need outside AP & just awarded my usual rate at review,  
    I made a MR and was successful going from Standard Mobility To Enhanced and kept my Enhanced  Care :-) I made a new post about that to encourage others x
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