Does this sound normal, or has my PIP claim been mishandled?

calcotti

Spoonie_Turtle said: If you are given an award as a result of your MR but still don't feel it's fair, you can accept it so you receive some money in the interim but still go on to fight for what you feel is the correct decision.  (I'm unsure whether you need to raise another MR of the revised decision before appealing or not.)

You don’t have a choice about whether or not to accept an MR decision. The MR outcome is the decision at that point and will be put into payment if the decision is make an award. If unhappy with it claimant appeals to tribunal.

You may be mixing it up with the situation where DWP make an ‘offer’ after the appeal to tribunal has been started. In that situation the claimant can decide whether or not to accept the offer (but can still appeal it again, without an MR, even if they accept it).

Muttleythefrog

Good advice above so nothing to add. Sadly not uncommon... and perhaps especially for Mental health related claims. Focus on the meaning of the descriptors in the activities as it sounds like you already have. Any additional evidence you can get into process to support case can't harm. Hopefully the MR will see a solid look at all evidence but it may be that an appeal tribunal necessary. Good luck!

pancakebatter5301

@Spoonie_Turtle
Good to know it worked out for you at the MR stage, gives me some hope I won't have to go as far as a tribunal. Thanks.

@Muttleythefrog
Thanks. Sounds like I'll need it!

airliner

In addition to the good advice you've already received....I would request a copy of the health assessors report (PA4) from the DWP.

The DWP decision maker has most likely given that document more weight than your PIP2 form. So it's worth knowing what it says. 

It may contain discrepancies and inaccuracies which you can highlight as part of your mandatory reconsideration request.

calcotti

airliner said:

In addition to the good advice you've already received....I would request a copy of the health assessors report (PA4) from the DWP.

The DWP decision maker has most likely given that document more weight than your PIP2 form. So it's worth knowing what it says. 

It may contain discrepancies and inaccuracies which you can highlight as part of your mandatory reconsideration request.

That can be a huge distraction. Any key conclusions from the report that DM has relied on are likely to referenced in the decision letter anyway which OP will have already seen. 

poppy12345

airliner said:

In addition to the good advice you've already received....I would request a copy of the health assessors report (PA4) from the DWP.

I disagree with that and it's never a good idea to receive this. The MR request has already been done anyway so at this stage it won't be helpful. If it gets to Tribunal stage it will be in with the "bundle." Though it should be ignored anyway because concentrating on this will not get the OP a PIP award.

airliner

poppy12345 said:

airliner said:

In addition to the good advice you've already received....I would request a copy of the health assessors report (PA4) from the DWP.

I disagree with that and it's never a good idea to receive this. The MR request has already been done anyway so at this stage it won't be helpful. If it gets to Tribunal stage it will be in with the "bundle." Though it should be ignored anyway because concentrating on this will not get the OP a PIP award.

MR's can take six weeks at the moment, so there's plenty of time to request the health assessors report and make further submissions in relation to it.

It's completely misleading and irresponsible to say "it's never a good idea to receive" (health assessors report).
In many of the decisions I have had overturned at MR stage, it's formed a material part of my submissions.

Admittedly, the health assessors report is much less useful at tribunal stage, but we are not there yet and the focus should be on the MR.

However, it's also wrong to say the health's assessors report should be 'ignored' beyond the MR stage. If it is wholly inaccurate I would always point this out in my submissions and ask for other evidence to be preferred. Remember, the DWP review the evidence before the tribunal happens and it can be useful to force their eyes away from the health assessors report by undermining it.

It's not uncommon for the decision to be changed before the hearing takes place.

poppy12345

There's absolutely nothing irresponsible or misleading about the advice that i gave, therefore i stand by what i said. At the moment MR's can take anything up to 12 weeks.

Spoonie_Turtle

calcotti said:

Spoonie_Turtle said: If you are given an award as a result of your MR but still don't feel it's fair, you can accept it so you receive some money in the interim but still go on to fight for what you feel is the correct decision.  (I'm unsure whether you need to raise another MR of the revised decision before appealing or not.)

You don’t have a choice about whether or not to accept an MR decision. The MR outcome is the decision at that point and will be put into payment if the decision is make an award. If unhappy with it claimant appeals to tribunal.

You may be mixing it up with the situation where DWP make an ‘offer’ after the appeal to tribunal has been started. In that situation the claimant can decide whether or not to accept the offer (but can still appeal it again, without an MR, even if they accept it).

Oops, yes I was mixing it up!  Thanks.


Regarding the assessor's report, I personally found it helpful to have just for my own sanity so I knew where in the process had gone wrong.  It didn't materially affect my MR but it was helpful to know for certain that the decision had been based purely on the recommendations in the report and not my form - it also assured me that targeting the reasoning in the decision letter was the right thing to do, because the report was a fairly accurate reflection of the assessment (during which it was clear the assessor *had* actually read my form) but the assessor had simply chosen not to believe me.  [I don't know if that's more or less frustrating than having the form be a complete pack of lies!]

calcotti

airliner said:

MR's can take six weeks at the moment, ..

Six weeks is optimistic in my experience, three months seems typical at the moment.

As to the importance of the assessment report I am of the view, as expressed earlier, that there key points will br referred to in the decision letter and can be challenged and that picking through the report in detail is unnecessary.