My PIP has been stopped

They certainly do. But I query the reasons why those that do appeal and quite honestly have no hope in getting the decision overturned still hold out for a Tribunal hearing.

Personally I don't think the sifting process is carried out as it should be. Percentages mean little - it is the number of these hopeless cases that create the backlog that affects those that do have a case that needs to be heard.

For those that seriously believe that they have suffered a great injustice at the hands of the DWP - yes appeal,

 

Hi Les, I'm waiting for the form to apply, should be here within a few weeks and I'm trying not to be too nervous. If they turn me down I will appeal. I had to appeal to get DLA.

Many people are making out their circumstances are not as they claim. More staff to route out bogus claims costs DWP money and time.

at the end of the day, the decision rests with DWP, some appeal and win, others appeal and lose. They want people to work and not rely on handouts for nothing.

Marshall71, what do you mean by 'ring DWP and asked why the appeal now his officers designed too overturn your appeal' it doesn't make sense.

you should receive any outstanding money due to you, but it can take a while for an appeal. There are thousands in this situation and with staff engaged in fraudulent claims, genuine cases take second or third place.

good luck

hi, you mention fraudulant and bogus claims by claimants. There probably are. But are the DWP setting any examples by sending out HCP"s who are willing to write up a load of lies about someone illness! ( with medical history ) We see alot of this going on here.       game on.

The report is NOT a factual statement - it is simply an opinion of one person on what they believed and saw. 

If I saw a guy running out of a bank with a stocking over his face and jump into a car that spead away would it be a fact that he WAS robbing the bank or is it my OPINION that I think he was?

 

Same goes for people on mobility scooters. Some ride at top speed on pavements, pushing pedestrians out of their way, without a care in the world. Then jump of and walk into a shop and wander round. Obviously they will be investigated.

Hi Les59996. Just had Mand Recon decission back today. They have not changed their decission, so going for an appeal. Looking at the HCP"s report i asked for, where, at the summing up part ( done by the HCP ) a nurse. She has comented to the descriptors that most apply to me as " therefore would not be entitled too " So is this telling the decission maker something or not.   tace care.

Hi Getonmypip

Without seeing the full context it would only be a guess which is that the descriptors do-not apply to you and therefore you are not entitled to PIP.

On the bright side Les the potential bank robber would score points under wearing appropriate clothing descriptor

A mobility scooter is considered an aid and therefore whoever is riding it wouldn't be entitled to enhanced mobility.

Hi, problem is, the descriptors do apply to me. The same descriptors are there as to my origional claim. Only thing different is a different HCP doing the job!!!!!!!!

Thanks and no it is not. The assessor quite rightly has commented in the summary as to what her opinion is and which descriptors she believes (or not) you qualify for. It is just an opinion.

It is then up to the Case Manager at the DWP who is not qualifed in any way (medically speaking) to look at all of the evidence presented including the content of the PIP2 form. They would have the assessors opinion, your claim and probably opinion as to what descriptors you think you should qualify under, the opinion of maybe your GP or Consultant.

The only facts in the case would be the repeat prescription list.

Then he/she has to assess that on the balance of probabilities which side do the opinions fall on. Should he accept the assessors opinion over maybe your GP's who has probably never witnessed any of the difficulties that you are claiming for.

 

hah hah so true!!!

Well then that answers the question. One assessor may not form the same opinion as another. Much the same as one Case Manager may well deny you PIP completely whilst another could very well award standard rate for both categories. 

There is no hard and fast rule to say that just because nothing changes you should get the same answer as before.

Case Managers are autonomous they are  not to be influenced by anything that happened before. No one decides that they may be wrong or not - there are 1000's of shades of grey and likewise 1000's of different PIP outcomes all based on the same evidence. All can be right and all can be wrong. This is where a Tribunal gets involved - they re-look at the evidence again and will probably come up with another differentt answer.