pip advice for incorrect info on dwp paperwork

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hi i was recently awarded pip low care  no mobility , my assesor didn’t get to see my pip form or any of my evidence, my assesor told us this, which is not what we were advised by dwp , they wrote to me saying , there is no need to take any of my evidence or pip form to f2f as assesor has copies of it all 

my award was decided really quick within a few days of my f2f i had my first payment , but when i received my award letter there was a lot of incorrect information , and appears they have only considered my physical illnesses , rumatoid arthritis and fibromyalgia, i have a diagnosis of autism which was completely ignored , they said i can’t have autism because i speak to my kids and partner, and there was things on the award letter that we’re not true   , my partner answered mostly all my questions due to my difficulties at f2f , but my award says i had no issues communicating  or anxiety at f2f 

there was also parts i was not asked about like questions about mobility the only question i was asked  about travel or mobility was do i know where my childs school is , my partner took over the main care role quite some time ago and does the daily school run and our child other additional needs but on my award letter it says i take my children to school daily , one of my children is an adult and hasn’t attending school for a long time , and the other my partner does the school run  , this is completely untrue and was never said at any point of the f2f my partner was very clear about this , also said i have no issues with unfamiliar places also untrue it says they came to this conclusion because of the maths and spelling questions also states i got those questions correct , this is also untrue , i have lots of paperwork to back up the difficultys i have 

can i appeal this or ask them  to look at my award again ? i have quite a few pages of nhs autism diagnosis paperwork that states my difficulties and includes my difficulties with travel , i was awared pip october  2017 until 2020 but have been unable to do much for months due to my health so i am just getting round to getting advice about this any advice would be appreciated.

thank you 

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  • Posted

    Hi,

    You say recently but then say you were awarded it from October 2017? That's not recent, especially not for the Mandatory Reconsideration (MR) process. Is there any reason why you're only now asking about this? You have just 28 days to ask for the MR BUT with good reason and it has to be good reason you do have 13 months.

    What you need to do now is write a letter explaining the reason why you didn't ask for the MR within that first 28 days, if DWP accept your reasons then they will look at the decision again for the MR. As well as the letter of reasons you need to put what you disagree with for the award and what you think you should have been awarded. If they choose not to accept your reasons they will write to you with a decision notice telling you they refuse the late request. In this letter it will tell you that you can appeal to the Tribunal. You will then need to fill out a SSCS1 form and attach the MR decision letter to it to request your Tribunal. You MUST do this within 28 days from the date for the MR decision.

    You also have the option of putting in a change of circumstances. For this you need to ring DWP and tell them your condition has got worse. They will then send you another PIP2 form for you to fill in and return and the whole process will start again. For both of these options you do risk losing everything you already have, so there is a risk. My advice to you would be to start the MR procedure because reporting a change of circumstances in my opinion is more risky than the appeals process.

    You say you have lots of evidence to back up the difficulties you have with Autism, is there any reasons why you didn't send this when you first claimed? They very rarely ask anyone for evidence, that's the claimants responsibility to make sure they send in everything they have.

    When you send your PIP2 form with evidence to DWP they send it straight to the health care providers, so the assessor would have had a copy of what you sent. There would have been no need to take a copy of the PIP2 form with you. They also refuse to take any extra evidence from you a lot of the time during the assessment, it's always best to send it with the form. They very often lie in the report, although they do give honest reports too but we just don't hear of the good stories. Hope this helps.

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    • Posted

      hi thank you for your reply , i have been struggling with my health i have been over sleeping for months often sleeping for 17 hours + and have not been doing well , i am awaiting seeing a neurologist and eye specialist for more tests , that is recently to me so i guess it depends on  the definition of recently , to me that is recently 

      as i wrote on my post i did add lots of evidence to do with all my difficulties including my autism when i sent my completed pip form , and dwp wrote to me saying assesor has reviewed pip form and evidence so no need to take any with me , but when we arrived at f2f the assesor said dwp didn’t send my form onto the system or any of my evidence so they have no clue what my diagnosis , difficulties or medications etc are , all they knew was my name , assesor apologised and said f2f would take longer than usual because of this error.

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    • Posted

      You're welcome. As i said a MR request must be sent within the first 28 days. 5 months later isn't recent in DWP eyes. You will now need to do as i advised above.

      The DWP must have sent your PIP2 form to the health care providers otherwise they wouldn't have known your name, address or the fact that a face 2 face assessment was needed. It was most probably because the assessor didn't or couldn't be bothered to read what you sent, unfortunately this is often the case.

      My advice is still the same about asking for the late MR request, then Tribunal rather than putting in change of circumstances. Only 20% of MRs are successful anyway so you'll most likely have to take it to Tribunal. 70% of those who appear in person at their hearing have a decision in their favour. Only 47% of those who put in a change of circumstances go on to have a higher award, or continue with their existing award.

       

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    • Posted

      Another thing to do is to take a look online at the PIP descriptors to see where you can gain those extra points for daily living and where if any you can gain those points for a mobility award. I can't post links here so please do google it.

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    • Posted

      thank you , my assesor did say we could send a complaint about dwp not giving my paperwork to the assessment company , but i can’t remember any details of where to send my complaint about it and we did think it was weird maybe you’re right as i was first face to face of the day so may not have had time to read , this was my first claim and my assesor was lovely tho on the day and my award letter is mostly correct it was just those few incorrect details so i feel lucky in a way , as i know people that have been refused completely, hopefully my next f2f is more organised , my assesor wrote everything onto pc and read it back to me but what was said doesn’t match my award letter so thank you for your advice about this , i think i may leave it for now , thank you 
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    • Posted

      You're welcome. I honestly do not believe that DWP didn't send your file to them. Like i said there's no way they would have known your details if they hadn't.

      If you wanted to complain then you can send a letter to DWP and to the assessment providers too but don't expect it to get anywhere, they almost never do.

      If you've decided to wait till you review then please bear in mind that ALL reviews for PIP are done 1 year before the award is due to end. It should state clearly on your award letter when your review date is, and when your end date it.

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