Posted , 6 users are following.
Hello
Despite submitting new medical evidence for a mandatory review, from my GP , spinal surgeon and rheumatologist. Fourteen pieces in all. Despite them contacting Atos for comment , the DWP still have not increased my allowance.
I already feel absolute fatigue and stress as I also have to deal with pending spinal surgery.
Is it really worth going to a PIP tribunal?
Any advise welcome.
0 likes, 10 replies
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les59996 pamelaj1962
Posted
pamelaj1962 les59996
Posted
But I will do it.
erykah71 pamelaj1962
Posted
Yes it is.
In my experience I don't believe the DWP DM looks at all the evidence. I was receiving standard DL when I reported my condition had gotten worse. After assessment I lost this and despite all the evidence I sent in the DMs decision notice read virtually word for word from the ATOS report. After MR I got standard back, so appealed, sending in more evidence.
At appeal I had a DWP bod there and straight away he mentioned evidence that they had failed to take into account and awarded standard mobility, at the end of appeal the DWP bod said I should have also received enhanced Daily living. The judge (who was lovely, as were they all) asked me what I thought and I said I believed I should also have enhanced mob and explained why.
Outcome, I was awarded enhanced for both and the judge clearly suggested to mr DWP that the tribunal had been uneccesssary as it was clear from form and evidence that this should have been the DWPs decision from the start
If you believe you are entitled to the higher rate, defo appeal, good luck
pamelaj1962 erykah71
Posted
Apparently I have a 7 page reply coming for my mandatory review. They even sent it back to Atos for comment!
I feel desperate, I have a job to cope on my own now, my husband works and I really need some help now.
We both hoped it would get me some money or a career to help
pam02338 pamelaj1962
Posted
I helped a lady in our support group to prepare a mandatory reconsideration for a clearly unfair decision. She got fresh medical evidence from her GP, which backed up everything we said. The request was turned down. I prepared a tribunal submission on exactly the same grounds and sent a copy of the GP report. A week later the claimant got a phone call from the DWP to say that the tribunal had sent our submission and they had decided that the original decision was wrong. She got enhanced rate for both components backdated to the date of the original decision and the tribunal was cancelled.
i believe that the mandatory reconsideration process is just another obstacle thrown at the claimant by the DWP in order to wear them down. Very few MRs are successful and I think this is deliberate in the hope that the claimant will simply accept an unfair decision and not go to tribunal. This is benefit savings by the back door - 60% of claimants who go to tribunal win. If my example is anything to go by, if the evidence is strong it probably won't get as far as a hearing. Yes, it's definitely worth it- fight for your rights and don't be fobbed off.
pamelaj1962 pam02338
Posted
Hi
Thank you, that's a very encouraging reply. I felt my evidence was really strong and I am reeling from the decision. You begin to doubt yourself.
Loulou296 pam02338
Posted
denise15811 Loulou296
Posted
Hi Lou, first of all the DWP will have to apply to the tribunal for the statement of reasons. Then they would have to find an error in law in the decision that was made. Rare finding in my oppinion. I wouldn't worry. Well done on your fantastic news. Relax now and wait is my advice as payments often take a while.
pam02338 Loulou296
Posted
I think maybe you've phoned the DWP too early if it was the same day as your tribunal. It may be that they had emailed their decision to the DWP but they wouldn't have had time to to process it. First of all it's important to realise that you are not being singled out. What you were advised when you rang the DWP is normal practice. What happens after the tribunal make their decision is as follows:
The tribunal submit their written decision to DWP, and the decision maker then considers whether there are any procedural errors such as a document relevant to the case not being received on time or a representative not being present. If a DWP presenting officer is present at the tribunal (which is not always the case) they may report some irregularity in the proceedings to the decision maker. If such an error is present, the DWP can then apply to have the decision set aside. If this happened the case would be referred back to the tribunal to correct the error and remake the decision.
If the decision maker decides there may be grounds for appeal to a tier 2 tribunal, they will then have to apply to the first tier tribunal for their statement of reasons for the decision. They have to do this within 28 days of the notification of the tribunal's original decision. An application for a tier 2 tribunal can only be made on a point of law. If they decided to go ahead, a tier 2 tribunal would look again at the decision and either make a new decision or refer the case back to a new first tier panel for a new hearing.
In either case, the DWP would suspend the new decision until a final decision has been made, so your benefit award would not change until then. If the DWP are applying to either have the decision set aside on grounds of procedural error, or they are applying for permission to appeal to a tier 2 tribunal they have to inform you in writing that they are doing so within 28 days of them receiving the statement of reasoning from the original tribunal - they cannot just leave you in 'limbo'.
As Denise has rightly said, this very rarely happens - in my experience it's happened once. This was when a claimants' original decision went from 4 points on the care component and zero points for mobility, to 12 points on care and 16 points on mobility, on appeal. This meant that the claimant went from no award at all the the enhanced rate on both components. The DWP appealed to the tier 2 tribunal on what they considered to be a relevant point of law. In the end, the decision was not changed as it was deemed correct and the DWP had to implement the award.
To sum up, I think you have just jumped the gun a little and you contacted the DWP before they had time to process the tribunal's decision. You'll probably find that you get your decision letter within the next few days and all will be well.
Loulou296 pamelaj1962
Posted