Pip stopped after reassessment
- Thread starter muvva
- Start date
Pickman's model
Starry Wisdom
Pickman's model
Starry Wisdom
(((muvva)))As per title but the only thing that has changed is my diagnosis
Functionally things are the same
Any advice please?
Mandatory reconsideration is the first step. This may still go against you, so think of it as a way of buying time to prepare for your appeal, if it comes to that.
Second step is the appeal. when I say "in person" I mean in the same room as the tribuanl panel - not over the phone, and not by email/letter.
existentialist
Tired and unemotional
It will take time. Part of the mandatory reconsideration idea is to drag the process out in the hope that the claimant will just give up. You are involved in a contest of wills - a cynical, nasty contest cooked up by a series of governments with the intention of saving benefits by making it so difficult for people to claim what is rightly theirs.
Fortunately, a lot of people have been through this before, and quite a few of them are here on Urban. Use all the help and support you can get from here, and don't forget to come back and tell us when you nail DWP to the wall
muvva
Well-Known Member
My husband called today and after mandatory reconsideration I have been awarded 0. I don't understand how I can previously be awarded enhanced rate and now get 0 points? I get it for bipolar, which doesn't go away. To be fair I've been pretty stable on meds since April but I still get blips. There's still things I can't do, like work a full week, motivate myself to wash/ prepare food/ socialise without prompts.
Any advice would be great.
Any advice would be great.
existentialist
Tired and unemotional
Tribunal. There's enough people here will point you in the right direction. Get thee to the big ATOS thread.
(((muvva))) you will, of course, be appealing this.
The DWP is taking the piss and hoping that claimants will just curl up and die. Which I hope you won't.
Please go to this thread - I know it's long but just check the first and last pages.
Atos Medicals - Questions, Answers and Support BTW VP got busted down from High/high DLA to low/medium PIP and appealed - the enhanced PIP rate was won. It can be done.
Last edited:
existentialist
Tired and unemotional
And frequently is. What's the winning-at-tribunal rate for PIP/DLA appeals, now?(((muvva))) you will, of course, be appealing this.
The DWP is taking the piss and hoping that claimants will just curl up and die. Which I hope you won't.
Please got to this thread - I know it's long but just check the first and last pages.
Still pretty good.
Better than the success rate for most surgery which people would consent to (59-63% if you appeal in person rather than on paper).
existentialist
Tired and unemotional
That's just shocking. It's bad enough that it happens, but any honest organisation would be asking itself what it was doing wrong to have 60% of its mandatorily reconsidered decisions overturned on appeal. A judge achieving that kind of record would be up for a chat with the Lord Chancellor over tea and biscuits without chocolate on for less.
ViolentPanda
Hardly getting over it.
The problem mostly lies in the creation of a process structure whose primary function is to minimise benefits spend. All other problems proceed from that issue. Application processes and questions were altered to deliberately give disservice to claimants with mental health issues. Similarly, the new questioning regime also does disservice to those with multiple and/or variable conditions.
The appeals process was also altered so that if a claimant wishes to question a decision, they have 28 days from the issuing of the decision - NOT from the receipt of the decision letter, as it used to be - to request reconsideration. All "Mandatory Reconsideration" means is that a different functionary looks at the same decision-maker's guidebook as the original functionary did, and generally reaches the same conclusion - unsurprising given that both use the same limited pool of information, both have the same employment imperatives and both lack the ability to exercise any discretion in their decision-making.
Only the tribunal system remains neutral, and that's part of the reason that almost two-thirds of tribunals are won by claimants - tribunals judge on extant case law. They don't make decisions based on what a DWP guidebook says.
existentialist
Tired and unemotional
Yes. A perfect example of a kind of mission-creep "chinese whispers".
But that happens. A well-run organisation (yes, I know, but I'm trying to make a polemic point from a presumption of normality, here
) would be reviewing outcomes, whatever they were, as part of its overall quality/performance monitoring processes. The fact that DWP appear perfectly happy to continue along doing exactly what they do for years, while every independent review of their decisions rejects vast numbers of them, suggest only one of two things: complete and total incompetence (which, given IDS's character, is not beyond the realms of possibility), or a very cynical deliberate decision to ignore the implications of the overturn rate despite the very clear message it sends about its processes.And I do think that it's largely the latter. I think a calculated decision has been made that, if benefits claimants can be sufficiently demonised, it will be possible to perpetrate appalling injustices on them without too much danger of a public outcry. And so it has been shown to be - a compliant media will, at best, offer a "balanced view", inevitably incorporating a good slug of the DWP's anti-claimant rhetoric, if they don't just cheerlead the whole assault without any regard for whether it's actually saving money, or wrecking lives.
I feel a sense of nationalistic shame at belonging to a country that is willing to allow its elected representatives to behave in such a way towards a fairly significant number of its people.
Carers Allowance is conditional on the looked after/supported person receiving at least middle rate care component of DLA/PIP/AA. If the caree doesn't receive this, the carer can't get Carers allowance.Thanks for the support. I'm waiting on the letter re the mandatory reconsideration, then I can begin the appeal. In the meantime we've lost our WTC and carers allowance also
At a guess, WTC would be lost because of the combined loss of disability premium, and carer premium, which raise the cut off point for WTC by quite a bit.
geminisnake
a complex mass of conflicting ideas
Always keep a record of everything you send those bastids(scan/take a photo/whatever) and always get proof of posting or signed for(pop is free) Good luck with your appeal. Roughly where in the country are you? Is there any support groups in your area? I will try and remember to come back here and see if you reply
muvva
Well-Known Member
geminisnake I'm in Kent.
ViolentPanda
Hardly getting over it.
It's actually marked on my medical records that I get sent everything that my GP is sent, just so that if one of us loses a copy, the other will have it. Typical tricky DWP bastards, though.
Here's to a successful tribunal!
E2A, I think Kent is running about the same length of wait for tribunals as Greater London - about 13 weeks.
muvva
Well-Known Member
Thanks ViolentPanda for taking the time to reply, means a lot.
