PIP Decision letter

ruby2017,
It's worth pointing out the discrepancies (the mis-reading made by the second DM) in your submission to the tribunal. They may spot it anyway, but it will be helpful to the tribunal if you highlight it, along with any other inconsistencies (for example, anything in the assessor's report which is not correct).

As to what has to be included, there is nothing in law which says your disabilities need to be named. The PIP decisions & appeals regs say only that there must be a written notice which informs you of your right to appeal, and your right to a written statement of reasons for the decision. A statement of written reasons should be provided automatically in PIP decisions. Nothing governs what should be in the written reasons for PIP, but for other benefits, the guidance says the written statement of reasons should:

1. Be personalised
2. Give an explanation of why the decision was made
3. Provide details of the law used to make the decision and how it was applied
4. Explain your rights to challenge the decision and any time limits involved.

You can see more information about what should be in a decision in the Advice for Decision Making (ADM) guidance, at paras A116 and A117. (The Decision Maker's Guide doesn't cover PIP - as PIP is one of the newer benefits, the guidance is all in the ADM):

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/793835/adma1.pdf

Complaining can get somewhere but it does take ages. If you have already been through the DWP's own complaints system, you can approach the Independent Case Examiner. With the help of your MP, complaints which have been through the DWP's complaints system can be brought to the Parliamentary Ombudsman. It's at this stage that you start to see recommendations made and proper apologies/compensation, although I agree with you it is really not good enough and the system should give you a result without having to complaint that far.

If you're experiencing delays in the complaints system then that in itself may be a reason to go to the next stage.

The tribunal can't make the system better or get an apology for you about these errors; it can only decide whether the decision on your award is correct or not. However, discrepancies in the evidence can be relevant to the tribunal's decision making process.

Hope this gives you a bit of clarity. I know the situation is dire and as it's so difficult to get guidance and answers from the DWP you might want to ask your MP for help at an earlier stage, so they are aware of how bad the situation is for people dealing with inadequate and incorrect PIP decisions.

Will