Pip and the DWP

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I've just seen this on another site.

MANDATORY RECONSIDERATION TARGETS

The DWP have as good as admitted that mandatory reconsiderations are a sham.

In response to a recent Freedom of Information query, the DWP revealed that they have a target of upholding the original decision in 80% of all mandatory reconsideration requests.

Worse still, they managed to exceed that target in the year to March 2017 by turning down 87.5% of all applications.

The DWP have since claimed that PIP is not included in the 80% target.

However, it remains the case that over 80% of PIP mandatory reconsideration requests also fail to get the decision changed – however coincidental the DWP might claim that figure is.

Having a target for the percentage of requests that should fail almost certainly renders the mandatory reconsideration process unlawful.

In legal terms, the DWP is fettering the discretion of decision makers, who should be free to decide every case on its merits, rather than worrying about being disciplined if they fail to hit their targets.

Just how rigged mandatory reconsideration decisions are is made absolutely clear by one other statistic.

63% of claimants who have their mandatory reconsideration request turned down and who then go on to appeal to an independent tribunal, win their case.

So, no matter what the decision is on your initial claim, and no matter how utterly you are turned down at the reconsideration stage, don’t lose heart. You have a very good chance indeed of winning your appeal.

 

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  • Posted

    Which is what Denise always confirms.  So don't give up. smile

     

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    • Posted

      Thanks Sukes. Yes indeed i do. I didn't know what the actual figures were so a very interesting read.

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  • Posted

     Have just received my report , no descioin yet , but i am putting a mr immediately ...

    Very upset is an understatement 

     

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  • Posted

    How do i start the Mr process please 
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    • Posted

      Hi Mandy,

      you will have to wait for your decision before you can put in for an MR and your decision may be favourable.  Does the report give an indication of the points the assessor gave you. 

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    • Posted

      H Yes 8 for care and 12 for mobility ,,,,his words and then ticks do not agree with each other totally contradicts what he has sai in his report ..he also lied and saiid i refused to stand ..he told me not to stand as he could see i was in pain ..it beggars belief 

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    • Posted

      If the DWP agrees with the assessor then I believe I am right in saying that going on the points indicated in the report, you would get standard care and enhanced mobility.  Did you transfer from DLA by the way.   

      If once you receive the decision from the DWP, you decide to apply for an MR, then you run the risk of them changing the decision and you would then have to appeal.  Denise and others on here know more about this than me, so hopefully someone will be able to advise you further.

       

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    • Posted

      Thanks  

      Sukes that's my belief too unless they actually read the report which is contracitarty ...i am at a loss what to do ..i believe i am entitled to enhanced on both ..and according to his report i am apart from where he has placed his ticks,  it doesn't make any sense what so ever ..i guess  i will have to wait for the letter , but i am going to fight for what i am entitled to 

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    • Posted

      l have no doubt that you are entitled to enhanced on both but as others have said there is a significant risk if you go for a MR that they might give you a poorer decision Mandy so my advice is to have a good think about what you feel in your heart about the next step you should  take.
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    • Posted

      IT seems because i can drive a car , i must be able to do all the descriptors so basically if I didn't have car i would have been given the points 

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    • Posted

      Yes that is the problem of driving your own car as the DWP will of course say the driver can do this , this and this and apply it to the descriptors .
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    • Posted

      Hi Mandy,

      Sorry i've been so busy today haven't be online at all. You'll need to wait for the decision first before asking for the MR. It does sound as tho the assessor has given Standard Daily and Enhanced mobility. The DM rarely goes against what was adviced. IF the DM goes with the report and you decide you want to ask for the MR please think VERY carefully before doing this. You'll risk the whole award. Most MR decisions as stated above remain the same BUT you risk losing verything you have also, as well as of course increased award or lower. If the MR decision doesn't go in your favour then it's the Tribunal route which is very long, stressful and very tiring! This process could take months and you still risk losing everything in the process. I was 2 points away from Enhanced mobility the first time and decided against the MR route because i didn't want to lose everything i had. Something is most definately better than nothing as they say, even if it isn't want you wanted.

      Just wait for the decison then decide. Good luck.

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    • Posted

      Thanks Denise , yes you are right , i am just annoyed that there is a blatant lie on there and instead of saying unable , he has put able ..though the rest of his sentence contradicts it, so i am praying the Dwp actually read the report ...but yes i dont want to loose it all ,its so unfair the way we are treated now ..

      have a nice evening x

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    • Posted

      Just because it says unable it doesn't mean that's gona against you. PIP isn't about being unable to do something, it's whether you can do something reliably, regularly and without pain and discomfort. A person maybe able to walk 20 metre, or even further BUT the question is can they do that regularly, if they can't then they're classed as NOT being able to do it therefore they should get points for that. The isues mostly that people have is proving that those descriptors apply to you. Without proof then an award is very difficult to obtain.

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    • Posted

      He has given me 12 for Mobilty so that means i should keep the car ..which is a massive relief ...I was more concerned about also loosing Sdp but i think on standard i can still get that .hope that's correct ..you have been through the mill with them and have been a great source of advice on here , and I a thank you for that 

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    • Posted

      Yes fingers crossed you should keep your car. The DM very rarely goes against the advice from the assessment which is why we have them. You wouldn't lose SDP if you have a daily living award, providing you still meet the other criteria (which i'm sure you would)

      I'm always more than happy to help anyone in anyway i can, which is why i stayed. I did my research when i first claimed and my knowledge has just increased since then. Please do let us know the outcome smile

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    • Posted

      Yes your knowledge has been very helpful all through my process ..Of curse i will let you ..i prob wont get the descision for another 2 weeks so i will have to be patient ..and learn to budget with less money coming in ...Can in ask what's a DM is it department manager 

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    • Posted

      Thank you! My pleasure to help! DM is decision Maker. If you're transfering from DLA to PIP and you returned the form within the time frame your DLA payments should have continued.

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    • Posted

      Yes all payments have continued , send enough evidence , still had to have f2f ...but thats life i suppose .he says on report i have degenerate conditions and a review request for 3 years ...so lets see how it rally's with the award letter ...very stressful as you are aware ..next thing will be esa not sure if i can cope with it. But again have no choice ..meant thanks again ...i will let you know what the DM has decided 

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    • Posted

      Also another thing, you can ring and ask if a decision has been made. I was so impatient when i was waiting for a decision i rang a few times a week lol.
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    • Posted

      Yes i rang today lol , they said it will be about two weeks ...god its harrowing just ringing them lol 
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    • Posted

      That's good. Hopefully for you the DM will stick with the advice of the report. Mine did both times. I even had a phone call after my 2nd PIP assessment just to confirm 1 thing. Yes stressful indeed. I had my ESA review last year at same time as my PIP. Managed a paper based decision on my ESA thankfully and got kept in Support Group.

      My advice, keep ringing -winks- lol because truthfully the person on the phone really has NO idea how long a decision could take. It annoys me when they say this because a decision could be made at anytime. They only say this to try to stop people constantly ringing.

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    • Posted

      Yes i have had different advice from every call i have made ....i am worried about them ringing me as i am away next week , so i am praying they dont phone as they wont get hold of me ...  am also praying my esa is a paper based one based one ...lots of praying lol 

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    • Posted

      Hi I've been on employment support allowance for 3 years and I've now been took off being told I'm capable for work I've got 0 points but it's all lies I'm upset to say the least I'm asking for a reconsideration and I will appeal if not successful il just start again with sick notes I can't walk I'm on loads of medication morphine patches dehydrocodien gabapentin ibuprofen citalhapram and I'm being told there's nothing wrong with me it's a joke can't believe people are being treated this way any advice would be great thanks Nicola oh I have fibromyalgia depression and anxiety x

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    • Posted

      Hi,

      I just replied on your other post and then i seen this. Have you rang DWP and asked for a copy of the assessment report? If you haven't then you'll need to do this first thing Tuesday morning. You only have 1 month from the date on the decision letter to get the MR request in. Ring them to start this off then you must put the request in writing. Please take a look at the ESA descriptors to see which ones apply to you. Do you know the reasons you were placed in the Support Group 3 years ago? If you do then this will help. CAB are very good with things like this. Did you send in any evidence to support your claim when you sent off the ESA50 form? You'll need more to send with the MR.

      I have fibro,CRPS and many other health issues. I'm also in the Support Group and Claim Standard daily living and Enhanced mobility PIP. You really can't compare 2 people with any disability though, what may affect 1 may not affect another. Please have a read of my other post because there's some very important info on there about re-claiming ESA. Good luck.

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