MR and PIP

I received enhanced mobility PIP recently and 6 points in care. I submitted 2 MR's the first a normal type one just asking for the MR and the second after another phone call when the guy on the phone was quite nasty and said I had to get further evidence and wouldn't take no for an answer. In the second I stated I wouldn't be sending any more evidence as I have been unable to get the atos report despite sending SAR and a reminder SAR. I also said please don't phone me again, as I found DWP's attitude very disturbing.

Today they phoned again. Very bizarre call, she said and I got her to say it 3 times for my tape, I had to make a formal complaint to atos if I disagree with any of the report and the MR can't go ahead until then and therefore I cannot go to tribunal. She said if I do formally complain to atos they will call me for a new medical. I reminded her I didn't have a report and she said well use the decision makers reasoning on my decision letter. The phone call lasted 2.30 hours because of many other very odd things she said - too many to list in one post.
Please could you tell me if this is true, I think it isn't but DWP were adamant and I'm doubting myself. Thank you again.

Suze wrote: I received enhanced mobility PIP recently and 6 points in care. I submitted 2 MR's the first a normal type one just asking for the MR and the second after another phone call when the guy on the phone was quite nasty and said I had to get further evidence and wouldn't take no for an answer. In the second I stated I wouldn't be sending any more evidence as I have been unable to get the atos report despite sending SAR and a reminder SAR. I also said please don't phone me again, as I found DWP's attitude very disturbing.

Today they phoned again. Very bizarre call, she said and I got her to say it 3 times for my tape, I had to make a formal complaint to atos if I disagree with any of the report and the MR can't go ahead until then and therefore I cannot go to tribunal. She said if I do formally complain to atos they will call me for a new medical. I reminded her I didn't have a report and she said well use the decision makers reasoning on my decision letter. The phone call lasted 2.30 hours because of many other very odd things she said - too many to list in one post.
Please could you tell me if this is true, I think it isn't but DWP were adamant and I'm doubting myself. Thank you again.

Hi S,

This is utter rubbish !!!

Making a complaint to ATOS regarding the quality of any medical report that they may compile, and making a request for an MR/Appeal to The DWP regarding an adverse decision are two totally separate issues.

As you rightly state, how could you make a complaint to ATOS (independent of an MR request) regarding the quality and accuracy of a medical report when you have not even seen it ?

It is the DWP Decision Maker (DM) who makes the decision on an award of PIP, or not.

It is not ATOS, they only make recommendations. The DWP DM makes the decision on "The balance of probabilities" taking "all" evidence before them into account, "including" the ATOS report.

Therefore, it is the DWP that you request an MR with, not ATOS.

It now may be the time to involve your M.P. :

Contacting your MP

I would issue another SAR to The DWP formally requesting "all" documentation used in coming to the adverse PIP decision.

You can use the form below :

SAR Form Download

From this page :

DWP Data Protection Policy

See also:

Sending Documents to the DWP or ATOS

I would address the SAR FAO The Data Controller at the address of the DWP office on your most recent PIP letter.

I would write DPA 1998 SAR in front, top, left corner of the envelope, and your name and postcode on the reverse top right.

I would put in a covering letter stating that this is your 3rd SAR and they have failed to comply with the two previous ones.

I would warn them that if they fail to comply with this SAR, you will complain to The ICO :

ico.org.uk/concerns/getting

Further, I would write another letter to The DWP, (separate envelope) with a brief resume of what has occurred thus far, and informing them that you are again formally requesting a Mandatory Reconsideration

As you may know, you cannot move forward to the Appeals stage until you have received a decision on the MR and a formal written notice that the MR has taken place.

See : Mandatory Reconsiderations Explained and our : PIP MR/Appeals Guide

See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Hope this helps.

bro58

After months of misleading information and inaccuracies from the DWP that can only be described in any normal society as lies, I finally got my ATOS report.
You may remember I was told that if I requested or went ahead with an MR I MUST complain to ATOS first about the report and assessment and that I would be called for a new assessment by ATOS. Thankfully I was reassured by bro on here as I am starting to doubt myself.
I phoned today 10 weeks and 1 day after issuing a mandatory reconsideration (I got enhanced mobility but 6 points in care on 22/04/14) only to be told they're waiting for a report from my GP as I refused to provide one.

My GP has no knowledge of any report being requested by either DWP or ATOS at any time.
Is this another ridiculous attempt at trying to force me to give up? Or do they in fact request reports at this late stage?

Hi s,

I have merged tonight's post with your previous one for continuity.

It is possible that DWP/ATOS could issue a PIP Factual Report to your G.P. as part of an MR.

However, I think that your G.P. would be aware of it !!!

Here is some information on G.P.'s filling in Factual Reports :

www.gov.uk/government/uploads/system/upl...ompletion-apr-14.pdf

PIP is mentioned from Page 8.

See also :

www.benefitsandwork.co.uk/forum?view=top...5481&start=30#102599

bro58