Mandatory Reconsideration
Posted , 4 users are following.
Following a recent Face to Face assessment with a nurse from I.A.S. regarding a PIP claim. I received a TEXT message this morning when I came back from treatment at hospital telling me "You have asked us to look at your PIP claim again ............ we will write to you within 6 weeks with a decision.
I telephoned to query this as I did not request this as I have not received the paper explanation from the DWP, still waiting for it. I had a terrible job stopping this as I want to see the reasons for their decision, I was on the telephone over 40 minutes but I think a case officer through the customer care person has cancelled this imaginary request, time will tell? The assessment was totally inaccurate and to be honest not true, I requested the report from the assessment, which arrived quite promptly. How can the DWP reach a fair and honest decision when the report does not reflect the truth?
There is a long report pertaining to a physical medical that I did not have, even stating that I had managed to perform movements that are impossible to manage, as I have cervical metal - work from one of many spinal operations over the years.
Yet the DWP are making decisions using this information and it is impossible to talk to anyone about what is going on!
0 likes, 3 replies
denise15811 Collie_Dog
Posted
Hi,
Regarding the "request" When you rang to ask about the assessment report did you mention the MR at all? If you did then this is why you received that text. When you ring and mention the MR then DWP will take that as a request. It wouldn't surprise me at all if they don't go ahead with the MR even without the letter of request. I've heard this happen so many times. This is why it's best not to mention it too soon, especially if you have more evidence to send. However, having said that some people prefer just to "get on with the MR request" because there's a huge 80% chance the decision will remain the same. If someone has been refused and has to start the appeal route then the chances of them having to take it to Tribunal is extremely high.
As for the lies told in the report then you won't be the first and certainly won't be the last to have lies told. It happens to a lot of people. People also have honest reports too remember, it's just we don't hear about them. If someone has a decision they're happy with then they have no questions to ask, so we don't hear the story.
The case manager/decision maker will always rely heavily on the assessment report, that's why DWP have the HCP's to do the assessments. Once the assessment report is sent back to DWP mostly the case manager/decision maker will just look at the assessment report and not the evidence to go with it. If they contact any medical professional's for evidence (this is rare) then it's the HCP's that contact them and not the DWP as some people assume.
I know you've posted before but please remind me, did you send evidence to support your claim? I can't always remember everyone that posts because i help a lot of people here.
denise15811
Posted
I just looked back at your previous posts to remind myself. I see you didn't actually send the evidence with the form but took it with you to the assessment, is this correct?
I also see that you weren't happen with the report when you first received it about 15 days ago. Are you absolutely sure you didn't ring DWP to say you weren't happy with the report and asked them to look at it again? I know you asked me if there was anyway that the decision could be delayed while they looked at it again.
Usually the DWP wouldn't just send a random text saying you've asked us to look at the decision again because they don't want people to appeal. They want people to just give up and not fight for what they're entitled to. I just find it very strange that you had that text.
Collie_Dog denise15811
Posted
Thank you for your replies.
I did send evidence into the DWP pip with the 'claim' booklet in January 2018 book, received dates for a face to face assessment, which ended up following their cancellations to be 12 / 04/ 2018. In the meantime I received further medical evidence proving my conditions restricted and affected my everyday living management and were from specialists. I copied them for the medical assessor as there was not time to send them into the DWP. She refused to acknowledge them and said "send them into the DWP, they may look at them, they may not". So I telephoned the DWP explaining what had happened and informed them I was sending this further paperwork in for their inspection. They agreed that this was OK and confirmed that the DWP decision would not be made until this arrived. Then when I had not heard anything, I telephoned to enquire but this time I was told a decision had been made without the further evidence being looked at. I was told they were sending a decision letter out, which up to date 19/05/'18 has not arrived. So when I telephoned about the text yesterday, I was told the decision letter would be sent out within the next 11 days (I think she said). I never requested a M.R., as I have not received the decision letter for their reasons etc. and explained this to them. She said I will have 30 days to apply for a M.R. and look through the letter, sending i further evidence if I had any! The nurse's report is farcical, as stated reporting me managing impossible movements and full strength in limbs etc, which again is not possible and so it goes on. How on earth can the DWP make decisions on such reports? I have never asked for the M.R. and this was accepted I think, as they promised to 'unstart' it.
Can I just ask everyone please, how do people manage when as me - in severe chronic pain 24 hours a day, unable to manage and cope suffering from PTSD, also - to have a nurse report there is nothing wrong with her and she is lying about her condition in as many words? Not sleeping for the pain and dropping items, falling over to be told you are OK? I am struggling with this situation, finding it extremely difficult when the pain becomes more severe, or I cannot manage. Any words of help and advice please?