PIP worries

I_am_mum

My child has made the application to go from DLA to PIP. Sent in the paper form and my child was invited to an assessment.
So we went together as I am his appointee. I was surprised that his PIP was refused and he was given zero points!!!! So I asked for the full report to be sent and now I see why he was awarded zero points ! The assessor was a paramedic who lied and made up fairy tales in the assessment and actually wrote because he sat maths gcse level he therefore has no disability and capable of cooking and preparing a meal!!! She even wrote that he had received his exam results when in fact he had not. It’s just a bunch of rubbish which to me I feel she deliberately swayed the report so he would not get an award. I was fuming when I read the report and nearly burst into tears! I could not believe the rubbish she wrote she omitted important information given to her and incorrectly carried out the MSE tests (found how they should be carried out)She even wrote down his medication wrong in her findings. I have since spoke to a couple of organisations and one put me in touch with a solicitor if they feel you have a good case against the DWP. I asked for a mandatory reconsideration and wrote a very very long letter outlining the assessor errors, what she lied about and what she did not include !! The report was also full of spelling mistakes and grammatical errors. Whilst I was in a meeting with the solicitor PIP phoned me but I could not answer. Then they phoned again but I was driving. I returned their call but they have not phoned me back. I sent in overwhelming evidence about my sons disability and my solicitor has copies of everything from the invite to apply for PIP. The solicitor has made me aware it probably will go to tribuneral and I have a very strong, credible case and I made Dwp in my letter I will take them to a hearing if they cannot come to a fair decision. By the way the Dwp also sent me another patients personal info along with my child’s full report which I have sent a letter of complaint to Dwp about however, it is over the 15 days that they need to reply to me as I’ve asked for an explanation why they have done this .

Anyway long story short, PIP phoning me ~ do you think that it could be them making an offer before it goes to court ? I’ve never heard of PIP phoning anyone but someone may know. I am living a nightmare :mad:

poppy12345

It's very difficult to read through all of that because of lack of paragraphs.



Who wrote the MR request letter, yourself or the solicitor you have? When requesting the MR you should avoid all the lies that may have been told in the report and concentrate on where you think he should have scored those points and why. DWP won't be interested in any lies that were told.



Making an offer before Tribunal? DWP will send a MR decision letter, they don't usually ring and tell you the decision. They may ring asking for more evidence, especially if the evidence you sent doesn't state exactly how his conditions affect him. PIP isn't about a diagnosis, it's how those conditions affect you daily.


Only 17% of MR decisions change so you'll most likely have to take it to Tribunal (it's not a court) If it gets this far you'll need to request the Tribunal by filling out the SSCS1 form and sending the MR decision letter with the form, otherwise they will refuse your request. Good luck.

I_am_mum

Hi thank you for your reply. Sorry for the bulk of text I was in a rush when I typed it.

I sent off the MR with a letter written by me not the solicitor, and put in the letter where he should of been awarded points and how his conditions affect him.

Yes I did point out the lies and errors in the report - I think the DWP should know, and seeing as there is a high number of people this is happening to, the CAB are talking about taking it to parliament.
There is reported evidence of the Independent Assessment Services been taken to court for deliberately lying in a report to sway the result - and the customer won a substantial amount in compensation.

Mojisola

I_am_mum wrote: »

So I asked for the full report to be sent and now I see why he was awarded zero points ! The assessor was a paramedic who lied and made up fairy tales in the assessment

This has been going on for years and it's shocking that people are still having to fight for benefits to be reinstated after such reports.

My son was given 0 points following an ESA assessment - I thought we'd been sent the wrong report when it arrived because it was so far from the truth - even down to basic facts like saying he and his girlfriend lived with me, a single mother who didn't work, when in fact he lived at home with his married working parents and had never been well enough to have a GF.

I_am_mum

Hi yes it’s still going on.

When I was in CAB regarding this, there was a lady in the booth next to me there for the same thing as I was except her MR was refused so she was seeking advice regarding a tribuneral and filling out the forms.

The same happened when I read that full report - it was full of nonsense and inconsistencies. I was straight on the phone to DWP. So now I’m at MR stage and just a waiting game. I have no idea why PIP phoned me twice and I’ve heard nothing since.

I_am_mum

I’m really happy to say that the 2 missed calls from DWP PIP was to make say they was awarding PIP.

I finally had the letter today to say they was awarding for both Daily Living and Mobility, amazingly he’s gone from zero points to 12 points in each! As per my first post I did write a very strong letter stating what he should of been awarded, with the MR request and a lot of medical evidence.

Newly_retired

Glad to read of a rare successful MR. DWP usually try to phone twice maximum before they finalise MRs.

You may want to complain separately to DWP, and to the company that did the assessment( it is outsourced to various ones ).
You could also contact your MP as they welcome evidence .

No need to pay a solicitor for any of the above.

I_am_mum

Hi newly retired, the solicitor worked for free, I was lucky to find one that took my case on with a student, although they awarded at MR they still did not award correctly and overlooked some evidence. Solicitor suggested taking it to appeal which I did and they settled again, this time *correctly*.

All in all it took six months to get the correct result.

Newly_retired

Thanks for the update. Glad you had a good result.