PIP Urgent Help

atlantis187

Yes she is getting the carer element of UC for the children.
This could be what has thrown up at their end. We will have to see what new information they have that they didn't have before.

atlantis187

The DWP are absolute imbeciles.
They promised us a call back last week for an explanation which never came and now today they have sent us a letter stating thank you for your 'mandatory reconsideration request. which we specifically told them we didn't want to do at this stage until we knew all that facts.

Muttleythefrog

atlantis187 said:

The DWP are absolute imbeciles.
They promised us a call back last week for an explanation which never came and now today they have sent us a letter stating thank you for your 'mandatory reconsideration request. which we specifically told them we didn't want to do at this stage until we knew all that facts.

Yes sadly it sounds like you've dealt with an idiot agent.... and worse... in a service to disabled people who shouldn't be 'undermined' like this. Not sure what to advise.... you may wish to contact again and lay out what was supposed to happen or you may wish to contact them and say your MR paperwork is being sent and a note should go on file for DM to wait for for your written MR paperwork. It would be fighting blind but it looks like they're determined at this point to deny natural justice and keep you blind (an appeal tribunal may not be impressed and they will surely want to know what information they have or they'll be fighting blind). As I've said though you can put this in the MR.. that you do not know what information they rely on that they feel was missing and despite repeatedly asking for it and being promised call back you have received nothing other than obstruction. Stick to the line that the claim has been consistent along with disablements and all conditions are documented and evidenced etc.... repeat case for the applicable descriptors of each activity and certainly do not go agreeing with the latest report (definitely not the elevated points where inappropriate) or your case falls apart... I'd be inclined to ignore it as they have.

I'd repeat my advice to look very carefully at the medical information supplied recently regarding the UC enhanced review.... to see if there is anything in there problematic such as out of date information or missing relevant diagnosis etc. It may be the problems don't arise there but in say perceived conflicting information regarding care etc... but that can be argued about.

It's yet another warning when calling PIP to make sure they absolutely do not lead you down the garden path of MR before you're ready to submit such.. but they do seem to try... been there myself...worse than used car salesmen.

Obviously seeking advice might be difficult... you've struggled to get hold of CAB and to be honest CAB may struggle unless they are better at direct contact with DWP on your behalf. MP is last resort... but you have a timeline for MR to hit ideally.

atlantis187

We did phone them again today to ask why they hadn't phoned back and why they had sent this letter.
The case manager said she wasn't to sure and said she would leave a note on the system that we want to put the MR on hold till we have more and information and also told us she would send a message to the ERT at Blackpool who made the decision to give us a ring as she had no further information.

Northern_Wanderer

atlantis187 said:

Yes she is getting the carer element of UC for the children.
This could be what has thrown up at their end. We will have to see what new information they have that they didn't have before.

The Limited Capability for Work Related Activity (LCWRA) element is higher than the Carer Element. As she cannot get both, it would have made sense to claim LCWRA instead. Difficult to justify that when you get enhanced PIP you are able to provide over 35 hours care for someone else.

Muttleythefrog

Northern_Wanderer said:

atlantis187 said:

Yes she is getting the carer element of UC for the children.
This could be what has thrown up at their end. We will have to see what new information they have that they didn't have before.

The Limited Capability for Work Related Activity (LCWRA) element is higher than the Carer Element. As she cannot get both, it would have made sense to claim LCWRA instead. Difficult to justify that when you get enhanced PIP you are able to provide over 35 hours care for someone else.

She might not be eligible for LCWRA... remember she's only been getting standard care and mobility... there is only a rejected HCP assessment report for PIP indicating a higher award and quite possibly that triggered the enhanced review.