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Mandatory reconsideration and appeal

I was in receipt of do a and when it changed to pip I received the equivalent award. However at my last assessment they have lowered the award. I had a terrible time with Capita and had to ask my MP to help which he did. I have had 3 home assessments over the last 2 - 3 years. First lady was lovely but never sent her report. Second lady was lovely and my award stayed the same. This time the assessor didn't arrive and I was not informed why and had to go through lots of stress to finally get an another appointment. The lady seemed very professional although a little stern! It now appears that she took no notice of what I said and has actually told a few untruths. I asked for an MR which came back about 8 days later as a refusal. I used my driving licence as I'd and they have made a big issue about the fact that I still drive despite the fact that I told the assessor I rarely do! After a serious car accident I cannot leave the house without my husband but it said I could plan and make journeys unaided! I am going to appeal but doubt I would cope going to the tribunal so am going to rely on papers. At a previous assessment I was told that my GP had written a supporting letter. I have asked for the evidence used and got a phone call from DWP last week asking me to confirm what papers I wanted. I did go to CAB  but the lady was most unhelpful and suggested just put on the form that I don't drive very often! So I fell that I am on my own and really am confused with it all. Can I call the DWP and speak to the decision maker and explain where I think they missed points? Any advice would be gratefully received. I am really struggling with pain and am planning on typing things for the appeal as writing would take so long, is this acceptable?
Thankyou for reading 

Replies

  • CockneyRebelCockneyRebel Posts: 5,246Community champion Disability Gamechanger
    Hi loopy

    Unfortunately your experiance is not uncommon.
    Haave you asked for a copy of the assessment report ?
    This will tell you how the assessor came to their decision and what areas you have to contest.
    To start your appeal you will need an SSCS1 to send to the tribunal.
    You don't need to go into detail  at this stage.

    If your GP is supportive, a specific letter detailing the problems you have with the daily activities will be of great use.

    When your appeal is accepted, you will receive "the bundle" from DWP which is all the evidence in the case.
    You do not have to try and find more evidence if you have already submitted your best case but A GP letter as above would be good.

    When you get the bundle, check that all your evidence is there.
    You should then prepare your case.
    Make it as simple as possible and easy for the panel to understand why you deserve the points that you claim.
    Go through the HCP report, take one descriptor at a time, say what points you were awarded, then what points you should have scored and why. Reference these points to the evidence in the bundle.
    You do not need to write a novel, stick to the facts

    CR    
    Be all you can be, make  every day count. Namaste
  • wildlifewildlife Posts: 1,316Member Pioneering
    @loopyt ; Good advice from CR just to add yes you can speak to a decision Maker at DWP. Ring the advice line number and ask for a call back from one, they may be calling them case workers but it's the same thing. I suggest you prepare some questions you want answering like what further evidence do they need or why they're not using the evidence they've got. You will be able to say what the assessor got wrong. Making a complaint to the assessment company about your assessor's untruths would also help and telling DWP you've done that. Carry on with your appeal to keep all your options open. Good Luck.. 
  • loopytloopyt Posts: 79Member Courageous
    Thank you for taking the time to reply. Very good advice which I will use when I call them, hopefully on Monday. Will let you know their response.
    Thank you
  • wildlifewildlife Posts: 1,316Member Pioneering
    @loopyt You can also say which 48 hours you want the call back. So you can give yourself time to prepare. I rang on a Monday and booked it for Wed/Thurs. This is also useful if you know when you'll be in. You don't have to stay in but missing the call because you're out won't help your claim. let us know how it goes. Be strong and let them know you're not going to settle for anything less than you're entitled to.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,677Member Pioneering
    loopytloopyt,

    Really good advice above. I'm sorry the CAB were not helpful. Do complain about your latest Capita assessment. As wildlife says, try to speak to the DWP in the meantime, but don't stop progressing your appeal unless you get the decision changed beforehand. You will get a lot of support on here and tribunals are used to seeing people who are not represented.

    As cockneyrebel says, in your appeal submission state what points you should have got and why, and explain why you disagree with the HCP report. Send in as much evidence as you can to show what you cannot do safely (remember that being able to do things safely and repeatedly is a principle of PIP - if you can potentially do things, but it wouldn't be safe, you should get points). It's definitely fine to type for the appeal - I always do.

    You might want to try ringing the Scope helpline in case they can signpost you to any other sources of support locally. Some areas have disability advice and information centres with specialist advisers.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • loopytloopyt Posts: 79Member Courageous
    Thankyou all for taking them time to reply. I spoke to someone at DWP  today ( not a call back) but the person I spoke to said she could only go over the details and that my only option now was to go to appeal. I have had years of treatment which has been unsuccessful so I am no longer seeing a consultant.  The DWP lady said they take this to mean that I have improved. Not sure what else to do now. Will fill in the appeal form and hope for the best. She said that I had been under investigation but then hesitated. She also said that as I go out a couple of times a week I must be ok. I explained that I cannot go out alone but felt she just wasn't listening to me. Last week I asked them to send the evidence they had used to make their decision from this year and from 2014 and today I received the papers from 2014 but nothing from this year.  I feel so anxious about it all now  and wish I had not called but thank you for helping.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,677Member Pioneering

    Hi @loopyt

    All the information the DWP have used to reach their decision will be in their papers - including details of any 'investigation' they have made, if this has informed their decision.

    Remember, the Tribunals Service are impartial, and should not jump to conclusions quite as easily as the DWP! But it's still well worth setting your case out as Will and CR suggest.

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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