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Awarded' PIP... then 'un-awarded' it!! Any ideas??

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10 years 10 months ago - 10 years 10 months ago #122949 by Robinson_jon
When is a PIP award not a PIP award? When is an assessment not an assessment?

So, it’s been a YEAR since I first made my claim for PIP, and I am no further forward and even more confused!

I suffer quite badly with Anxiety and Depression and after a number of years’ in and out of hospital, mental health units and assessment & treatment units I have been diagnosed with PTSD. I had been using alcohol as a coping mechanism. I was awarded ESA without a medical and hoped my PIP claim would be as easy.

How wrong I was!

I was assessed (CAPITA) in April, and the assessor, a mental health nurse, spent 2.5 hours in my home going in detail about my condition. She completed the report the following day and sent it to DWP.

There it stayed for 8 weeks. Yes, 8. Apparently 3 different decision makers had looked over it during this time.

After a number of complaints and additional anxiety, I received a call from DWP and was told they had made a decision, which was a NO. The guy said he couldn’t explain why and said that a decision maker would call the following week with his decision. I later found out HE was the decision maker; he let this slip after contacting me back THREE weeks later (bizarrely at 7.30pm with a kid screaming in the background).

I stated I wanted mandatory reconsideration and was initially annoyed as I was led to believe from the decision maker that it was down to the CAPITA Health Professionals report. But that was another lie.

When I eventually received the report in the post, there were two. The first report was completed by the HP who seen me at my house. She scored me 21 points daily living and 8 points mobility, with a review of 3 years! The week before my ‘no’ decision and 8 weeks after the original report, a supplementary report was written by another HP giving me ONE point for daily living. Guess which report the decision maker went with?! In fact, his summary of why he awarded me one point was almost word-for-word the same as the second report!

I have completed some initial investigations: The second HP is either a Children’s or Adult Nurse according to the NMC register, and therefore has limited experience with mental health, regardless of CAPITA training. My GP has said that DWP have a procedure in place to obtain information / reports from them, however they try and make the claimant pay extortionate amounts for a report instead. He has stated that they have never attempted to obtain further info from the surgery. Also, the nurse who completed the first assessment is not suspended or under any form of investigation according to NMC register, so I believe she has been doing her job properly.

I think this will go all the way to Tribunal, any advice on how I should approach it?? Thanks.
Last edit: 10 years 10 months ago by Gordon.

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10 years 10 months ago #122950 by slugsta
Hi and welcome to the forum. On the assumption that you are also new to the site, this FAQ might help you find your way around.

Welcome to Benefits and Work

It appears that your username might be your real name. If you wish to change your username, in order to maintain a degree of anonymity, you can do so by following the advice here.

My full name is showing, how can I stop it?


This si certainly a bizarre situation! I hope that one of my more expereinced moderator colleagues might be able to give you some help.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 10 months ago - 10 years 10 months ago #122952 by Robinson_jon
Replied by Robinson_jon on topic Awarded' PIP... then 'un-awarded' it!! Any ideas??
Thanks for that! Changed.

Also would like to pint out that the second Health Professional had never met me nor spoke to me on the phone, she basically took the info in the first assessment and contradicted the first HP's findings, saying exactly the opposite of what the first assessor said.
Last edit: 10 years 10 months ago by .
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10 years 10 months ago #122953 by

Jonny Rotten wrote: Thanks for that! Changed.

Also would like to pint out that the second Health Professional had never met me nor spoke to me on the phone, she basically took the info in the first assessment and contradicted the first HP's findings, saying exactly the opposite of what the first assessor said.


Hi JR,

One of our other Mods, Gordon, is in the process of responding to your initial query, so that should show up soon. :)

bro58

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10 years 10 months ago - 10 years 10 months ago #122955 by Gordon
JR

Even now, over a year in to the benefit, many PIP reports are still subject to audit and revision.

Your only option in regard to getting this Decision revised is to pursue it via the appeal process. You say that you requested an MR, have you had the result from this yet?

If you have then you can make an appeal to HM Courts and Tribunal Service, the process is explained in our PIP MR and Appeal guide.

www.benefitsandwork.co.uk/help-for-claimants/pip

If you have not then you must wait until this has completed and you receive a Mandatory Reconsideration Notice. Depending on how long it has been since you requested your MR it may still be possible to supply additional evidence to the DWP.

Your GP is right, the DWP can request additional information from them, but they are not obliged to do so, we do not have figures for PIP yet, but for ESA requests are only issued in about 25% of claims. If no request has been made to date then it will not now be made, so it might be worth speaking to your GP again to see what support they will provide you with.

To win at MR or appeal you need to show that you meet the PIP Descriptors sufficiently for an award. I notice that you have only been with us for about six weeks so I assume that your form was not completed using our Guides, as a starting point I would recommend you go through them with your completed form and the two medical reports, they are available on the link posted above.

We don't usually recommend this, but it may be worth your while requesting all of the documentation created in regard your claim and in particular the revised medical report. I would recommend a Subject Access Request rather than a simple phone call, it has the potential to take more time (40 calendar days) but is more likely to produce results.

See :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/


If The DWP have failed to comply with previous SARs, you could complain to ICO :

www.ico.org.uk/for_the_public/personal_information

Sending Documents to the DWP or ATOS

If you have any further questions of information, please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #122956 by Robinson_jon
Replied by Robinson_jon on topic Awarded' PIP... then 'un-awarded' it!! Any ideas??
Thanks for that Gordon.

I haven't had a response re: my MR request yet. It was placed approx 3/4 weeks ago, at the same time I requested the reports.

I am currently going through the guide to detail how I meet each descriptor, however in the guide it talks about how you don't agree with a decision: technically I DO agree with the initial decision, just not with the second decision. I just wanted to ensure that the submission I make hits the spot in regards to the complete differences between report 1 and report 2 and more importantly, how I believe that waiting 8 weeks for a decision to be made which then blatantly went in favour of the second report smacks of DWP looking for ways to NOT award me PIP. I was also looking for info in the DWP's on guide for decision makers to see if I can highlight my concerns that I believe the original assessors report was completely (in my opinion) ignored.

My GP said a report that I request will be expensive and is pushing me to try and persuade DWP to request a report, however he said that he can only write down my symptoms and how I state it effects me; as he is not in my life 24/7 and therefore will not say for definate if it affects me, which is understandable.

I have recently joined the Royal British Legion; as an ex-serviceman I am going to see if they can offer support at a tribunal should I need to attend one.

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