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I’ve just received the dreaded letter from the DWP and unfortunately lost the mobility section by two points.
I’ve only had the award six years and I was put on pip from the beginning. The first assessment was face to face the second a telephone assessment about severn weeks ago.
Any advice on what to do next?
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Sorry to hear that.
My wife had hers back end of last year and after prepping prepping and more prepping not to mention the stress, worry, 2nd guessing etc.. we had already had plan B if she lost.
That was to Fight!
Research the official steps, but I would advise..
Contest
Appeal
Tribunal
Hope this helps and good luck!
I lost 2 points when changing from DLA to PIP, could say I never had 12 points in the first place but anyway failed at getting 10 points so no higher rate.
First thing to think of is how you feel about getting 10 points? I know your not going to be happy about it but when I had the letter saying I’d only been awarded 10 points I was livid beyond belief. The way my disability effects me I knew I’d been done up like a Kipper and more so felt like I had when everyone, including folk that were strangers to me saying saying “they’ve only got to look at me to see I’m disabled”.
So with that in mind hows your deep down feelings because if you feel they have a good point then fighting it might be a battle not worth fighting because it is a battle that causes sleepless nights and great anger, anger I add, I still carry with me to this day although winning my day at the tribunal court was a great day it still leaves a bad taste in my mouth.
If you think they have got it wrong the first process to start is what the DWP call “Mandatory Reconsideration” (MR) where you write asking them for MR. I think from memory this has to be within one month of receiving your entitlement letter from the DWP.
I don’t know if Covid is changing times dates but first call is to try and get some voluntary helpers help. I only did this after failing MR and I think I might not have had to got to tribunal had I did that first and got their advice, after all, they where the first ones to say to me “they only got to look at you”.
Using the help services can put you in touch with folk who deal with this sort of thing all the time and are very good at explaining on your behalf how you feel you’ve been wronged.
Hope you succeed at MR and don’t need to go to tribunal but we will come back to that another day but seeking help or not you must put forward that letter for MR before the date goes by the way or its no go so if you have trouble contacting anyone in these Covid times apply for MR anyway, oh, and just to say, your local council have links to folk who can help you or if not try Citizens Advice.
Good advice ChrisK, the only other thing I would add is that if you post anything, send it by recorded delivery. Again, good luck!
Thanks guys, it’s good to talk to folks who know what it’s like.
I’ve been doing hell of a lot of reading this morning most of it hasn’t sunk in yet. Yes a lot of anger at the moment ChrisK, that’s why my wife is going to call them this afternoon just in case I can’t stop boiling over which probably isn’t the fault of the person on the other end of the phone.
That’s always the problem that the one on the phone is not the manager who’s made the decision but you have to at all times keep a civil tongue no matter how mad you are.
Landyman, sorry to hear about your PIP award, but please don’t despair. Contact Benefits and Work as they have all the help you will need and want to help you through this terrible time.
PIP claim help, plus ESA, DLA & Universal Credit (benefitsandwork.co.uk)
@Landyman You may find this very useful in helping you fill in your Mandatory Reconsideration.
https://forum.whichmobilitycar.co.uk/wp-content/uploads/2020/12/pip_clients_manrecon_nov_20.pdf
Any questions I will try and help. In the mean time, ring DWP who are dealing with your claim and ask for copy of the ” Health Professionals report” You will need this to see where you lost the 2 points on. from there and using the guide should help you with the MR.
Joss
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Current car BMW X2 2.0i Sport sDrive Auto 2019 with Sport pack
Last car Ford Focus Titanium 1.5 TDCI
Builder of Gaming PC'sI applied for PIP back in March 20 and was awarded just the standard rate for mobility with nothing for daily living element. Soon after I followed the mandatory reconsideration route, at the time I didnt know about helpful sites like the one mentioned above. So I filled in the form sent it and waited – and waited until November 20 when I got a text telling me I was going to get a telephone call to discuss my claim.
The call came a few weeks later & went very well with a very understanding lady who told me on the call that they would be awarding high rate for mobility but had yet to decide about daily living.
10 days later I got the letter informing me of the decision to award std rate daily living & enhanced rate mobility backdated to March.
So fight your corner and take advantage of the rescources available to assist in your claim. It is a long drawn out process but worth persuing. Good luck.
Very good advice and I’d just underline the need to get a copy of the assessment report. It isn’t likely to make you less angry but without it you can’t know where you have been ‘marked down’. With the report you can even ask for more supporting evidence from your medical professionals. When I got my last report my initial reaction was ‘I don’t want anything to do with these people anymore’ but I was helped to get over that and decided I was going to fight it – which I’ve done successfully. In some ways, it is the 30 day time limit for asking for a Mandatory Reconsideration which is the most challenging thing especially as it is 30 days from when the letter was written and not from when you received it!
The other thing to remember is that it isn’t just you and you can draw strength and encouragement from forums such as here and on the excellent Benefits and Work site. It can also be worth reading some of the more extreme examples of the appalling treatment of claimants.
You can find a full report of a recent tragic case on the Disability News Service. The coroner said: ““The only thing that got in the way of her receiving the benefits she was entitled to was the processing of her claim.” For that and other issues in that case see:
Philippa Day: DWP civil servant denies PIP ‘culture of scepticism’
Thanks again guys for your excellent advice.
I will let you know how I get on if I may, it might help other people who might find themselves in the same boat.
Best of luck landyman.
Hi
I’d go to Fightback4justice on Facebook they’ll write your MR for you, DO NOT do it over the phone. I had so much grief with the dwp over it my MR was submitted by FB the dwp signed for it then lost it, did the MR based on old data then refused to redo it even tho they admitted their mistake so I had fightback submit my tribunal paperwork.
At this point the dwp redid the MR & I got the same result so I waited nearly a year for a tribunal. I was absolutely BRICKING IT but the tribunal guys were so so nice from the 2 security guards being kind & friendly on entry to the Clerk taking us in & briefing us to the 3 tribunal panel members.
I was in there about 3 mins then we left & waited 2 mins later we were called back in & given enhanced on both elements for 4 years.
Please fight them if you really believe you’re entitled to it there’s loads of organisations that’ll help. Fightback are brilliant I think the MR was £50 (they to pro bono too & you can pay if successful) they then did the tribunal submission their suggested payment is £350 but only payable out of your back pay if you win they’re a non profit organisation.
They also talk you thru the tribunal, brief you how it works, what to say etc.
Good luck I hope it gets sorted ASAP
Richard it really p??? me oFF (i cant think of a nice word to use ) that at an assessment there are so many people not getting the correct result, and given less points that they should have got or no points at all , then it takes them going to a tribunal and get a lot more points .
Its assessors interpretation of what you put on the form and tell them they write down what they think then the decision maker makes the decision on his understanding of the report ….
this is my thoughts if you take a claimant let them have their claim assessment done twice with 2 separate assessors and 2 separate decision makes the chances are the results would be very different .
it would then prove the assessment procedure is not working give the correct points
if it was dont correct in the first place it would save so much wasted time and money .
Quick update. I had a unexpected phone call today from the DWP and basically my appeal as been resolved and upheld, the point’s that were removed have been replaced. Thankfully I didn’t have to take it too a tribunal.
So thanks guys for your great advice. If anyone else is going through the appeal process please don’t give up.
That’s great news, just p****s me off that you had to go through all the stress to get the correct decision you should have had in the first place.
Bravo Landy, So pleased you got it sorted out.
Joss
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Current car BMW X2 2.0i Sport sDrive Auto 2019 with Sport pack
Last car Ford Focus Titanium 1.5 TDCI
Builder of Gaming PC'sCongrats I’m glad you didn’t have to wait. I’m guessing covid has played to your advantage here too.
Really really makes me angry the way they treat us. The dwp wrote that I stick my own Butrans patches to my upper back – I mean ffs that’s physically impossible for almost every fully able bodied person do these morons even read what they type?
My assessment contained do many outright lies I was stunned.
Mine wasn’t the only one every single pip claimant I know has had the same, I know 3 who had to go from enhanced on both element to ZERO for 12 months before a tribunal gave it back, yes you get the back pay but nothing for the stress, heartache, lack of help for a year.
It’s high time pip was brought in house into the NHS no private companies involved & no political parties using us as a football. DWP isn’t fit for purpose at all they are unhelpful, ignorant, rude & more some staff genuinely try to help but the dept itself is bigoted, biased & hateful imho
Great news Landyman. The DWP rely on people just accepting being told they have lost their mobility section. The Tory government have set targets for the DWP and companies like asos and capita to kick people off benefits. The criteria used is to attain the targets and it doesn’t matter how they do it. Lying through their teeth seems to be the chosen approach.
Well done for standing your ground.
When you say you were only lucky that they reduced your daily at last assessment it says it all, lucky for me though I had my local mp who is a tory on my side and she tongue lashed them in 3 page letter along with specialist letters with every point that contradicted the assessors claim highlighted by highlighter pen. the result award reinstated, 5 years instead of 2 and promise of only a light touch review in 5 years rather than full review. But Please make the official complaint about assessment company and keep a copy of those records too, it will aid you in the future as well as you will be noted on the assessors company as someone that will follow up with complaints, you have to remember these companies loose money too if too many complaints are filed and they will want to avoid those.
Great news I’m late I’m reading this but I was going to say for the sake of two points I’d take it as far as possible to fight it, but they’ve actually read your previous evidence now and corrected this so it all good.
That’s great new Landyman. I hope you’re doing ok there. 👍
🏎 I will be remembered for nothing but had great fun doing it 🏎
@ Bionic Rusty, a lot better than I was, but I won’t believe it until I get conformation in black and white.
