The Cost of PIP – Decision Makers – A Law unto themselves

In November last year I reported I’d received my PIP award and disagreeing with it I’d contacted the DWP;  due to the closeness to Christmas, the Call Centre staff member had put in my request for the assessment report and noted  it was “my intention to ask for a Mandatory Consideration” (MR), this was so as I would not run out of time if post was caught up in the Mail.  I duly waited for my copy of the assessment report, which arrived on December 23rd and  submitted my formal request for a MR along with the evidence on January 10th.  Five days later I received a letter dated January 11th, it had clearly crossed with my own submission in the post, it informed me the DMs had already carried out a MR and had, of course, upheld the original decision!

I duly phoned, well actually my daughter phoned for me as I was screaming mad, the next working day;  Nicki clearly informed them, that when I had contacted them back in November, it was to request the assessment report, and on advice from the call centre staff member I was advising them I would be asking for a MR, to keep within the DWP time scale. She went on to quote a DWP response to a FOI that states:

“While a request can be made for a Mandatory Reconsideration by telephone or in
writing, under no circumstance should an approach for advice be treated as a
Mandatory Reconsideration request. However should this occur, any erroneous
request can be withdrawn once the error has been identified and any subsequent
requests would be dealt with on their own merit.” 

The DWP call centre operator took down the details and said she would sent an email to the decision makers (DM), this is apparently the only way call centre staff can communicate with the DMs, the email requested they call me back and asked they review my initial phone call asking for my assessment report.

I waited to no avail until yesterday, when I received another letter stating, the DWP decision makers had determined my submission of evidence was a request to Appeal to Tribunal; this is despite the information in my reconsideration letter, the information taken during the phone call and their failure to phone me back!!

I immediately called them and spoke with a lovely woman at the call centre, she read the notes made, during the call with my daughter, and stated there were no further actions noted against it; she then whilst still on the phone with me, emailed the DMs explaining the situation and requesting another call back. More importantly she advised me. I now must initiate the Tribunal process within the next 4 weeks or lose my option to do in future!!

I now have to find the energy to complete a Notice of Appeal, and explain why a) it is out of time – it should have been completed within one calendar month of their MR (Jan 11) and b) I am actually asking FOR a MR?! What Fun 😦

From all of this the learning points are –

  • DWP DMs either choose to ignore the officials guidance from the top or, are instructed by team leaders to overlook such
  •  It appears DMs can force people to appeal, rather than undertake MRs with additional evidence; maybe because this is more likely to change the decision?
  • The DWP are a LAW Unto Themselves!!!

I for one am SICK of the whole Carbuncle of Welfare Reform?

TRUTH Campaign  #IDSTimeForTruth SIGN –  https://you.38degrees.org.uk/petitions/investigate-ids-for-lies

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41 thoughts on “The Cost of PIP – Decision Makers – A Law unto themselves

  1. Pingback: The Cost of PIP - Decision Makers - A Law unto ...

  2. Reblogged this on Britain Isn't Eating and commented:
    We might as well all dress up as Seals for the amount of rings they put us through to get our daily sprats!
    So sorry that yet more added stress has been added to your life Jayne, hopefully you will receive your just decision soon.
    Steve

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  3. Pingback: The Cost of PIP – Decision Makers – A Law unto themselves | stewilko's Blog

  4. Reblogged this on Christopher John Ball and commented:
    With each passing day, with each new story I am told about the impact on the lives of people by this pernicious Liberal Democrat and Conservative Coalition, I find myself further shocked at the intentional cruelty. I have been critical of many a Government before but this is the first one that I have been scared of. I am left with only one possible conclusion, this is a cull! This is Action T4 all over again; more subtle, yes, but still planned with the same intention.

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  5. I had the same from DWP trying to get my ESA reinstated under an anytime revision they totally ignored that request and sent it to appeal without my knowledge and without sending an anytime revision notice of decision the whole systems are corrupt

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  6. I’ve been helping someone who wrote questioning his decision. The DWP wrote back to say they’d reconsidered his decision and could see no reason to change it, and now if he wished to take it further he would have to go through mandatory reconsideration. I tried to find out what their initial reconsideration was about and why it has to be reconsidered again, but they just didn’t answer. Needless to say, several weeks later the result of the mandatory reconsidertaion came through with an unchanged decision. It seems to me the idea is to string people along as much as possible in the hope they give up.

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  7. The more you read about stuff like this the more it makes you want to put threats on PIP and ESA forms. I already put all verbal communication will be audio recorded on my ESA and PIP forms and had a PIP assessment covertly recorded on Dictaphone and mobile. This makes me want to put thinks like any assessment must be written verbatim by the HCP i.e. written word for word any deviation from this by the HCP will be seen as an attempted act of fraud by the person and a complaint will be sent to the relevant authority and possible legal action may be taken. Any non compliance with a reasonable request will result in action been taken for financial compensation from all party’s concerned i.e. Maximus/ATOS/Capita, the HCP, and the DWP.

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  8. I really feel for you Jayne my friend, I know how hard, frustrating & anger making for you and the rest of us this is.
    It’s all designed to be like this in the hope that we either give up, go into relapse or die through stress.

    All we can do at the moment is to say – “fuck it, I will not give up & will go on until my last breath or when this system changes.

    My thoughts are with you as are my best wishes to you & your Family

    Astro

    Liked by 1 person

  9. We are doomed to another 5 years of the Tories ruling by default in this most severe hung parliament (no, single party getting sufficient to rule on their own) coming from May.

    The only way to end this cruel benefits regime is to utterly change the mix of politicians in Westminster UK’s parliament so that we get MPs that are not just the aristocratic mindset from public schools.

    And believe it or not, the disabled, hold the key, along with the tens of millions of poor, mostly in work and poor pensioners, and pensioners due to get nil state pension for life like me.
    See why under my petititon, in my WHY IS THIS IMPORTANT section, at:
    https://you.38degrees.org.uk/petitions/state-pension-at-60-now

    Now I never got DLA nor ESA. I was too ill and disabled to comply anything with Jobseekers so never applied. All the sanctions and fines meant it was not worth the risk to my tiny works pensions that the Institute of Fiscal Studies calls 4 per cent lowest income (the average for low waged women), that was nearly all taken away with wrong tax codes when I had never received any benefit.

    Even with the Scots’ SNP as help mates to Labour, it is still not enough MPs.

    There are a huge number of marginals of Tories and Lib Dem MPs that have more claimants than any other voters, and the sitting MP has a tiny very slim majority, even in just double figures.

    But the poor teem in their thousands.

    The poor have never had so much power to end the benefits and pensions changes, only getting worse in the future.

    See how at:
    http://www.anastasia-england.me.uk

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    • Chris, that is why a lot of people are beginning to think that there will be a second election this year as the people will snap if the Tories get in again.
      At lease I hope if it comes to pass that the people WILL actually get off their lazy erses and DO something!

      Liked by 2 people

  10. Jayne, my heart goes out to you and I know that all the anger and frustration will actually do your health no good, you’ll feel that right now. But you have to keep fighting, you are stronger than them and you will bring them down. How do I know this? Because there are millions out there through every hoop from the DWP who don’t want to live life known as a scrounger. And they, and me, are all behind you. We will get through this, just keep believing.

    Liked by 1 person

  11. Revisit the quote from the DWP Clare – “…under no circumstance should an approach for advice be treated as a Mandatory Reconsideration request. However should this occur, any erroneous
    request can be withdrawn once the error has been identified and any subsequent
    requests would be dealt with on their own merit.” As the information re my INTENTION to ask for an Mr was placed on my file to ensure it was made within the 1 month time limit; then Yes x

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  12. Pingback: Another email to Richard Fuller MP | Bedford Burrow

  13. Pingback: More disability benefit data refused for release by DWP. | jaynelinney

  14. Same here. Phoned DWP said I would be making game request for MR and would they send me the PA4. Lo and behold one week later MR decision arrives and ide still mot received PA4. Long story short. Spoke to DM was furious that they’d gone ahead without waiting for evidence that HA refused to take from me at Assessment. Upshot. 11 Page letter sent constructively criticising the PA4. Also sent. Dexa scans etc. Decision been made yesterday 10 days After my car was due to.go back. But DWP CAN’T tell me the decision as it’s not been put on their screen yet. Omg. Fizzing isn’t the word. If it’s bad news I’m off to tribunal together with all my evidence ce. Jikes such hard work. I’ve told DWP that I. Happy to go to tribunal if they won’t help me

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  15. Pingback: PIP – Permanently Irritation Persecution? | jaynelinney

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