PIP, DLA and AA
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Pip admit fault but no change

Levi2016Levi2016 Member Posts: 9 Listener
edited March 2020 in PIP, DLA and AA
 I had a PIP assessment done in 2017 I come for my review this year and they sent me all the evidence from 2017 I found that the health professional had stated I was not on medication at the time even though the DWP had all my prescriptions on file it didn’t state this on my award letter from 2017 so would not have been able to appeal this  I rang the Dwp on the 24th of February and pointed this out to them and ask for a justification the Case manager said to me but they were sorry they had overlooked my medication and I would need prompting but because of the time pass would not go back and rectify the problem that Dwp have tried to blame this on me because I did not appeal this but without the supplementary report I would not know what Advice They had been given has anyone any ideas on what to do I’ve gone through the complaints process and they have told me to appeal I wrote to my MP and I’m awaiting a response

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I'm a little confused by your question, what do you mean they sent you all the evidence from 2017?

    You say you had a review this year, is that correct? if so then when you filled out the form did you put as much information as possible about how your conditions affect you? Or did you just write a simple "no change" on the form?
    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.
  • Levi2016Levi2016 Member Posts: 9 Listener
    Yes I had a review this year enhanced for both TIL 2024 but I’ve been asking for the advice from the health professionals since 2017 and because I had a big mess about in 2017 I asked for it again 
    once I’d looked through it I saw all the incorrect advice that had been given I have all supporting evidence on my file but the Dwp missed it and went with the heath professional who said I wasn’t on meds 
    im a high risk for self harm and I’m not allowed my medication to handle myself 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited March 2020
    You have been awarded Enhanced for both parts until 2024. This is the maximum award you can have. May i ask why you're challenging this because it's not going to make any different to your award, you can't be awarded any higher than you already have.

    I do realise it's annoying when not all the information is written correctly but you really do need to let this go and try to relax.
    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.
  • Levi2016Levi2016 Member Posts: 9 Listener
    In 2017 I was awarded 10 points for daily living now me managing my medication which they missed gave me another point and my budgeting I can’t do due to my meds gives me 2 so I should have been on enhanced in 2017 but was only on standard 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Ah now i'm understanding you. I'm afraid you are unable to do anything about that award in 2017 because the maximum time you can request the Mandatory Reconsideration and Tribunal is 13 months. As it's now outside that time frame there's nothing at all you can do about it.

    The good thing is you have the maximum award now so please try to relax.
    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.
  • Levi2016Levi2016 Member Posts: 9 Listener
    So is it right so is it right if they have admitted in making mistakes nothing can be done?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited March 2020
    You can't do anything about that now because it's outside the maximum length of time to request the Mandatory Reconsideration.

    If you weren't happy with the decision at the time then you should have requested the MR followed by Tribunal.
    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.
  • Levi2016Levi2016 Member Posts: 9 Listener
    My mp said he’s going to challenge it as all the evidence was available at the time and im aware of a law called errors in law 
    but my mp said he’s going to deal with it 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes, indeed there's errors in law but that applies to Tribunals. Even for errors in law with Tribunals the maximum amount of time is still 13 months.
    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.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @Levi2016 Pleased to meet yo.

    Thank you for joining and sharing.

    Please do not appeal . I think if you do you could lose the award seen so many on here .

    Got the best award ever had good enjoy it made errors and mistakes.

    Does it matter .

    Favourite story all time in my mental health charity a lad got 10 points daily living and 12 Motability .

    Because of his mental health wished to get maximum more points why even his floating support argued against.

    Leave it alone I hollered.. Every one did.

    Mental health support removed him they do that if it is effecting other clientele.

    Go on Appeal waited a year . Lost majority of the points.

    Life is a hard lesson to learn.

    @thespiceman


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  • Levi2016Levi2016 Member Posts: 9 Listener
    Thanks my MP stated because there is notes on the system to state that they have messed up it is in the duties to the Dwp for me to be treated fairly they are stating this has not happened and his email thanks my MP stated because there is notes on the system to state that they have messed up it is in the duties to the Dwp for me to be treated fairly they are stating this has not happened and his emailes The department to get their opinion on what has happened nowhere in law does it state or excuse Dwp from making mistakesAnd excusing them from doing so it’s like you stated if I was on universal credit I made a mistake I would be sanctioned for this so why is the department any different
  • Levi2016Levi2016 Member Posts: 9 Listener
     My MP has also just added to me via email the whole purpose of an appeal is to point out a mistake and he states in because the DWP have already realised but they have made a mistake and cannot justify their actions they would need to do so even though the time has lapsed for an appeal 
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