pip reduced after telephone review. Can you appeal the decision?

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  • Moga
    Moga Online Community Member Posts: 11 Connected
    chiarieds said:

    "Sorry, but how can it be proven that a either a HCP or decision maker lied? Whilst anyone can put in a complaint about an assessor, this is a separate issue to claiming PIP, so will not help with that at all..."

    @chiarieds

    To prove that they lied, you have to appeal their decision. It's to only way to prove them wrong. To prove them wrong, you either need a tribunal advocate or a solicitor. I personally wouldn't do it on my own. After my appeal, I complained to Capita, but - no surprise - never received an answer. As my assessor was a registered nurse, I made a complaint to her regulator, the Nursing and Midwifery Council. They are still investigating. Independent of the outcome, I will use their response to write to the Work and Pension Committee (WPC) and to my local MP:

    https://committees.parliament.uk/work/1468/health-assessments-for-benefits/news/158609/mps-want-to-hear-your-experiences-of-applying-for-pip-and-esa

    I also made a maladministration complaint, after my PIP review form was lost and they stopped my award for almost two weeks. I have never heard anything back - which also doesn't surprise me. But I will use their "response" to write to the WPC and my local MP.

    Some people get a compensation for their botched assessments, but I don't know how they managed it.
  • chiarieds
    chiarieds Online Community Member Posts: 17,439 Championing
    Again, sorry, you can't prove that  either a HCP or a decision maker 'lied.' Are some comments regarding assessor's reports perceived as 'inaccurate,' then 'yes.' If you can irrefutably prove they're wrong they can be used in a MR or appeal.
    In my own case, I didn't need either a tribunal advocate, as it didn't progress that far, & I can't see when a solicitor would be needed.
    Mine was just 'as you don't see a pain specialist not physiotherapy specialist' then you can walk further than the 6 metres you were seen to walk obviously in pain. Very easy to refute as I am a physio, but it won't be so clear cut to the majority of our members, & this was just about a Mandatory Reconsideration.
    So, in essence, unless you can prove an assessor's report wrong in a couple of instances, then don't go there. The emphasis is in the wrong place. Put your energies into  showing with a couple of real life instances instead as to the difficulties you face with the PIP descriptors &/or if you can't do them reliably.
    Compensation for 'botched' assessments; would you kindly provide a link.
  • Moga
    Moga Online Community Member Posts: 11 Connected
    poppy123456 said:
    Moga said:
    MarkM88 said:
    @Moga just to clarify for anyone else that might read this thread, it’s not a court it’s a tribunal, totally different things. 
    Yes, sorry it's called tribunal in your country.

    If you live in N. Ireland then it's still called a Tribunal and not a court. https://www.nidirect.gov.uk/appeal-benefits-decision#toc-7

    I'm not from NI.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    A solicitor is not needed for a benefits appeal. A solicitor would have very little knowledge on benefits anyway.
  • harris1986
    harris1986 Online Community Member Posts: 14 Listener
    so i had my letter back from my reconsideration still the same result do i assume the next step is too appeal too a review trebunial
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    harris1986 said:
    so i had my letter back from my reconsideration still the same result do i assume the next step is too appeal too a review trebunial

    Tribunal is your next step and you'll need to request this. https://www.gov.uk/appeal-benefit-decision

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