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ADEtope2
ADEtope2 Community member Posts: 17 Listener
edited January 2017 in PIP, DLA, and AA
 I have some issues with PIP but i am scared of reprisals because PIP made some mistakes and are not willing to correct the mistakes. 

Comments

  • iza
    iza Scope Member Posts: 703 Pioneering
    Hi @ADEtope2
    You cannot live this like that, they need to correct mistakes. If they do not want than you are entitle amend any official document yourself clarifying where the mistakes happened and what should be instead. Next to each corrected place you need to sign and state the date the correction affect from. 

    Remember this is all for your good for future. 

    Have a nice weekend. 


  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    edited January 2017
    @ADEtope2 - I suggest you put your question in 'Ask a benefits advisor' section.  The benefits advisors are experts about benefits.
  • ADEtope2
    ADEtope2 Community member Posts: 17 Listener
    Thanx iza and Matilda.
    I will do as you adviced.
  • simonsable
    simonsable Community member Posts: 75 Connected
    I would go back to PIP and say you would like to provide evidence to support your claim. You feel there has been a mistake so you would like your application to be looked at again!

  • bam
    bam Community member Posts: 326 Pioneering
    Hello@ADEtope2 welcome to the system I'm glad you found the community. I'm scared of reprisals from people too.
  • Chris_Alumni
    Chris_Alumni Scope alumni Posts: 689 Pioneering
    Hi @ADEtope2, I've moved your post to our benefits advice section where you may be able to get some advice. Are you able to share any more details of your situation?

  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    Hi 
    ADEtope2,

    A lot depends on when the decision you think was wrong was made. You may be able to ask for a mandatory reconsideration (MR). If we assume that the decision was wrong because of some sort of official error (for example, the DWP made conclusions from the assessor's report which they shouldn't have made), then you can ask for what's called a revision at any time - don't be put off. Otherwise, you usually have to ask for a mandatory reconsideration within a month.

    If the DWP had evidence which they should have taken into account (for example, from your PIP2) but didn't, or they preferred the assessor's report to your evidence without good reasons, that can also be an official error.

    Either way, you could still complaint about the assessment, but the longer ago it was, the more difficult that could be. Complaints procedures are on the relevant ATOS or Capita websites.

    If the wrong decision happened because the assessor's report was incorrect, as Iza suggests, then yes it is helpful to get a copy of the report and mark up where it is wrong. Provide evidence that shows the points you think you should have got for the different activities. You can include that with your mandatory reconsideration request, and/or your complaint.

    The PIP self-test can be a good way of checking the points that you should have been awarded.

    It might also be worth contacting your MP, or asking a local advice agency such as a CAB for help. But it really is worth trying to get this put right - lots of PIP decisions get changed.

    Will
    The Benefits Training Co:

  • ADEtope2
    ADEtope2 Community member Posts: 17 Listener

    I had a stroke on the 23rd of June 2015 and got a PIP award from 9th 2015 to 6th Nov 2016.

    I sent out my reapplication form on the 8th of August 2016

    I got a letter dated 22 August requesting more information. These were my visa, passport and any other letter that came with my visa. These I sent through Jobcentre plus and got a receipt.

    I later got another letter stating that I had not complied with requests made on the 22nd of August 2016

    The same day I got this letter, I recent the requested documents and got a receipt dated 30 August 2016.

    I now got a response dated 12 September telling me that PIP would not be awarded to me because.

    1.  I have not lived in the UK or I have lived somewhere else for more than one year within the past 3 years.

    2. I do not have the right to live in the UK or

    3. I am subject to immigration control or a sponsored immigrant.

    I went to the CAB where I was advised to write a letter titled Mandatory reconsideration because non of these 3 reasons given by PIP applied to me as I have lived and worked legally in the UK for over 10 years,

    This letter was dated and handed in to the Jobcentre PLUS on the 30th of Sept 2016. I was issued a receipt again.

    I got no response from PIP.

    I got someone to call PIP on my behalf (in my presence), A PIP staff (name withheld) confirmed that my request for Mandatory reconsideration was received by PIP on the 4th of October 2016 but there has not been any action on it. And she was almost sure that it would be registered soon and a notice letter sent to me.

    To date, I never got any notice letter.

    On the 15th of November, I sent in a letter titled CHANGE IN STATUS to PIP. I attached my biometric visa showing my stay becoming indefinite to remain. The new visa overlapped the old one by 4 days.

    So weeks later, I received a phone call acknowledging my change in status.

    No notice of reconsideration.

    The CAB on my behalf called PIP to find out about the reconsideration on the 28.11.2016 and was told that there has not been any activity on my application. CAB told me to wait a bit longer.

    My Doctors sent a letter on the12th of Jan to the effect that the wait for a decision from PIP is driving my blood pressure up. I was told by the doctors that if the blood pressure is not controlled, I might have a restroke.

    I am scared of having a restroke.

    To date, PIP has not responded.

    I need urgent advice on what to do please.
  • bam
    bam Community member Posts: 326 Pioneering
    @ADEtope2 that really sounds like a terrible situation you are in. I really hope you get it sorted before you have any more health problems because of it. It seems like the government doesn't really understand that we are sick. Maybe they deal with so many people faking illnesses to get benefits that the real sick people get ignored. Good luck to you. You should keep everyone updated.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering

    Hello ADEtope2

    From your detailed account, PIP have had your Mandatory Reconsideration request since 4 October 2016, and to date you have not received a decision. This is now affecting your health. 

    You can make a complaint about the length of time you have had to wait for a decision, and please refer PIP to the GP letter (that you have already sent), that details the impact of this wait on your health. The link below tells you how to make a complaint to the DWP:

    https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

    Did PIP ever ask for evidence of your immigration status on your first application? I also understand that you have lived and worked in the UK for 10 years, but sometimes there can be restrictions on benefit entitlement.  Did your visa or other documentation ever make the statement 'no recourse to public funds'?

    Regards

    Maria

    The Benefits Training Co:

  • ADEtope2
    ADEtope2 Community member Posts: 17 Listener
    @BenefitsTrainingCo  The application is for PIP renewal. I had/have no restriction on my visas. there was and there is no clause restricting me from public funds.
  • ADEtope2
    ADEtope2 Community member Posts: 17 Listener
    @BenefitsTrainingCo (Maria) Yes they did and i sent them on the 22  of August. they requested again on 30th of August. I resent the documents on the 30th of Aug.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering

    Hi ADEtope2,

    Thanks for replying.

    It looks like you have done everything you should have. You should now make a complaint to the DWP following the steps Maria outlined in her post.

    Best wishes,

    Michael

    The Benefits Training Co:

  • ADEtope2
    ADEtope2 Community member Posts: 17 Listener
    @BenefitsTrainingCo: Today I called the Job-centre Plus requesting to speak to a benefit advisor. I was passed to a staff of the PIP team who told me that they only just received my mandatory reconsideration letter despite the fact that i sent it by signed delivery and it has long been delivered.
    the staff then told me that it has not been acted on and that i should call in two weeks if at that time i had not received any contact from PIP. 

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