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Is there anything I can do to complain or get some compensation from the DWP? My review is coming up

tonyuka11tonyuka11 Member Posts: 23 Listener
edited February 23 in PIP, DLA and AA
Hi I have a award revue coming up in march 2021 ,I live in scotland  , on my previous PIP award letter  I was given enhanced care and low rate mobility but have just found out  on the back of the old PIP award ;letter with heading MY DECISION ,from DWP ,YOU SAID YOU HAVE DIFFICULTY PLANING AND FOLLOWING A JOURNEYS YOU ATTENDED THE ASSSESSMENT ALONE ,, this is incorrect as my assessment was done at home  by a ATOS nurse as i have sever disabilitys is there anything i can do  to complain or get some form of compensation  from the DWP because either the ATOS nurse lied or the DESCION MAKER, any ideas what my solution is to this problem  i would point out I do not have a copy of my medical assessors report from the DWP  and also i am on ESA  if i complain to the DWP will i still get my ESA and PIP i have been put on A Covid 19 extension of my PIP until spetember 2021 as my original PIP award expires on january 2021 until i get my PIP award revue  assessed i would like some professional advie thanks  ?
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Replies

  • calcotticalcotti Member Posts: 2,686 Disability Gamechanger
    If you want to challenge a decision you have to request a Mandatory Consideration. This should be done within one month of the decision but can be done up to 13 months from the date of decision. After that you are out of time.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • mikehughescqmikehughescq Member Posts: 7,105 Disability Gamechanger
    I’m not sure I’m seeing any “lie” there at all. Whether you travelled or were seen at home you attended an assessment. If you were the only person there then you attended it alone and so the whole statement would be accurate.

    Either way it was something to challenge by MR as already described. There is no claim for compensation here at all at present as you would have to show a loss. 

    Firstly, you can’t show any loss until the award is revised upwards.

    Secondly, even if it is revised upwards that doesn’t really mean anything. Nobody else gets compensated simply because they find grounds to successfully challenge their decision. 
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  • woodbinewoodbine Community Co-Production Group Posts: 5,025 Disability Gamechanger
    @tonyuka11 were you at home alone for the assessment? if so what Mike says makes perfect sense.
    I will now only offer benefits advice on PIP, and specific benefits advice for other people with Epilepsy. 
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  • cupcake88cupcake88 Member Posts: 1,002 Pioneering
    I’m confused sorry is this regarding a assessment you have comming up or on your current award assessment your previous assessment ? 
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  • tonyuka11tonyuka11 Member Posts: 23 Listener
    mikehughescq said:
    I’m not sure I’m seeing any “lie” there at all. Whether you travelled or were seen at home you attended an assessment. If you were the only person there then you attended it alone and so the whole statement would be accurate.

    Either way it was something to challenge by MR as already described. There is no claim for compensation here at all at present as you would have to show a loss. 

    Firstly, you can’t show any loss until the award is revised upwards.

    Secondly, even if it is revised upwards that doesn’t really mean anything. Nobody else gets compensated simply because they find grounds to successfully challenge their decision. 


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  • tonyuka11tonyuka11 Member Posts: 23 Listener
    Hi Mikehughescq ..  thanks for letting me know  to make things clearer  theres so many things  i dont understand thanks for letting me know 
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