Has anyone had success at the PIP Mandatory Reconsideration stage

EnPointe

peteuk said:

swingaloo said:

Someone I know has been turned down for PIP, the lies in the report are unbelievable but that is another story.

They have filled in the Mandatory Reconsideration with the help of support worker. Ive gone back over previous posts on here regarding MR and it seems to suggest that it is just a formality and that no-one actually gets anywhere till they go to appeal.

Is that correct or has anyone has success at the MR stage?

Are they lies or just application of information that you dont understand/dont agree with?  You need to fully understand the process to be successful at MR. 

this  is the problem   with anything to do with PIP 

 most of those talking aobut 'tricks ' or 'lies'   really don;t understand the process, the descriptors   or even the basis of  awards  (  diagnosis means, nothing, no you don't need to be assessed by a specialist  Doctor in  the condition you  appear to believe is most  significant ,  it doesn;t matter if you  traske 3 tablets a day  or 63 tablets a day  what matters is   can you manage tand take your own meds ) 

peteuk

Muttleythefrog said:

peteuk said:

swingaloo said:

peteuk said:

swingaloo said:

Someone I know has been turned down for PIP, the lies in the report are unbelievable but that is another story.

They have filled in the Mandatory Reconsideration with the help of support worker. Ive gone back over previous posts on here regarding MR and it seems to suggest that it is just a formality and that no-one actually gets anywhere till they go to appeal.

Is that correct or has anyone has success at the MR stage?

Are they lies or just application of information that you dont understand/dont agree with?  You need to fully understand the process to be successful at MR. 

These are actual lies and luckily it was recorded.  They are fine with understanding the process.

Recorded by who?, if it was the claimant it’s useless and can’t be used directly as evidence unless they had permission to record it (which I doubt as if they asked for it to be recorded then the assessor/team would have recorded it) 

As an ex Pip assessor I see a lot of people claim its lies, but in fact do not fully understand the ins and outs of the PIP report (just look at the 30 plus page thread - claimant cant work out why driving has been used against them) 

As @Spoonie_Turtle has pointed outs just saying its lies doesnt get the result overturned, take each activity and explain why the claimant should warrant a specific descriptor. 

We've seen plenty examples of things just made up.... I have in my own case... observations for example that simply could not have been made... fact reported when the opposite is true (did they mishear... possibly but then the issue was discussed that would eliminate that idea). Of course there'll be the grey area between incompetence and deliberate fabrication.... so for example the report incorrectly stating who attended (a problem we've seen over the years including famously when one attendee was a police officer) isn't opinion so either the HCP makes a clear error or deliberately lies. 

I would disagree with the idea a personal recording would be useless - if you've been in a situation where you start questioning yourself as I have been based on the lies of medical professionals then a recording can be invaluable. In terms of PIP even if not used as evidence it can help in several regards including to determine how an assessor may have (mis)interpreted something said or indeed made something up.

Sorry I didn’t explain this - useless as its not admissible in a court, I know of two or three cases where the claimant has recorded the process and tried to use it but the judge has dismissed it as evidence.  If for personal use then I agree, but I didn’t want the Op or others thinking that it would be usable at MR etc 

Muttleythefrog

peteuk said:

Muttleythefrog said:

peteuk said:

swingaloo said:

peteuk said:

swingaloo said:

Someone I know has been turned down for PIP, the lies in the report are unbelievable but that is another story.

They have filled in the Mandatory Reconsideration with the help of support worker. Ive gone back over previous posts on here regarding MR and it seems to suggest that it is just a formality and that no-one actually gets anywhere till they go to appeal.

Is that correct or has anyone has success at the MR stage?

Are they lies or just application of information that you dont understand/dont agree with?  You need to fully understand the process to be successful at MR. 

These are actual lies and luckily it was recorded.  They are fine with understanding the process.

Recorded by who?, if it was the claimant it’s useless and can’t be used directly as evidence unless they had permission to record it (which I doubt as if they asked for it to be recorded then the assessor/team would have recorded it) 

As an ex Pip assessor I see a lot of people claim its lies, but in fact do not fully understand the ins and outs of the PIP report (just look at the 30 plus page thread - claimant cant work out why driving has been used against them) 

As @Spoonie_Turtle has pointed outs just saying its lies doesnt get the result overturned, take each activity and explain why the claimant should warrant a specific descriptor. 

We've seen plenty examples of things just made up.... I have in my own case... observations for example that simply could not have been made... fact reported when the opposite is true (did they mishear... possibly but then the issue was discussed that would eliminate that idea). Of course there'll be the grey area between incompetence and deliberate fabrication.... so for example the report incorrectly stating who attended (a problem we've seen over the years including famously when one attendee was a police officer) isn't opinion so either the HCP makes a clear error or deliberately lies. 

I would disagree with the idea a personal recording would be useless - if you've been in a situation where you start questioning yourself as I have been based on the lies of medical professionals then a recording can be invaluable. In terms of PIP even if not used as evidence it can help in several regards including to determine how an assessor may have (mis)interpreted something said or indeed made something up.

Sorry I didn’t explain this - useless as its not admissible in a court, I know of two or three cases where the claimant has recorded the process and tried to use it but the judge has dismissed it as evidence.  If for personal use then I agree, but I didn’t want the Op or others thinking that it would be usable at MR etc 

It can be....also true in employment tribunals etc... from my reading the majority of times it has been refused has been because of its evidential value or format rather than nature... but tribunals/courts essentially can admit whatever evidence they feel is presented and relevant and of course not illegal. It's also possible to indirectly use such... not by direct reference but of course in confirmation of facts that a claimant can then put into the process.

But the argument was a simple one.. that the recording is not illegal, is of personal data (an assessment rarely will diverge from being about the claimant and data otherwise included is likely to be included in other evidence voluntarily anyway like the assessor's name) and for processing of one's affairs/ to aid natural justice and not for criminal intent (such as blackmail).

Here's a case where covert recording was admitted despite DWP objection https://www.bbc.co.uk/news/health-41581060 and I'm sure I've read a few cases since.

Since that case formally arranged recordings have become more common and accessible and this is relevant to the case of the thread. Indeed the theme of the BBC article was in relation to the push for standard recording of PIP assessments.