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Forum Home  →  Discussion  →  Disability benefits  →  Thread

delay in Pip decision (compensation)

Gail Knight
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Welfare rights - Halton Council

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I have a customer who claimed PIP on 22nd October 2013 after numerous complaints and calls to the department they have eventually made a decision on PIP and benefit awarded from 4th June 2014 he had a DLA appeal hearing Jan 2014 which reinstated his DLA award.

His PIP award is higher than the DLA award and the delay in processiong has meant a delay in increase of benefit and he not entitled to back pay as his DLA award has to cease before PIP can be paid.

Do you think a request for compensation in the lost payments due to lenghty delay in making a decision on the PIP claim would be worth pursing.

NB we are not in a DLA/PIP transfer area this gentleman claimed PIP when his DLA was under appeal

Thanks

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Gail Knight
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Welfare rights - Halton Council

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Thank you Nevip

I will give it a try (no holding of breath though)

Paul_Treloar
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Welfare benefits caseworker, Mary Ward Legal Centre

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This could get like the Monty Python sketch. We’ve got a client who lodged claim in October time I think, still not had an assessment, let alone a decision. Spent half a day yesterday talking to DCS and Atos to try and get something moving, without any apparent effect.

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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I was told yesterday by somebody working for ATOS that assessments are now expected at least 7 months from date of claim in Bristol area.

I’ve got several claims from >6 months ago still awaiting assessment so doubt they will even do they within 7 months.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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I’ve been involving MPs as standard in relation to PIP assessment delays. Last time I rang ATOS to try to chivvy one up (week before last) I was told they could not give any estimate of how long it would take (but that ‘there is no backlog- only some slight delays’).

I had a client in only yesterday who claimed PIP on 11/6/13 and whose assessment was not until the end of Feb 14. Decision was finally issued on 25/3/14 (negative). Leaving everything else aside (there has been a MR administrative cock-up) her conditions are significantly worse now than they were a year ago when she claimed, which puts her at an additional disadvantage thanks to the substantial (and unacceptable in my view) delay.

NeverSayNo
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Welfare rights department - Northumberland County Council

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You then have the problem of mandatory reconsideration delays too.

Have just been told today by the PIP Helpline that MRs will take 8-11 weeks. I explained in this case there is no further evidence to come in because we supplied all the consultants’ reports with the PIP2. Client was very clear on the phone why she disagreed with the non-award of PIP and was initally told it would only take a few weeks to do the MR.

It will be 1 year next week that the PIP1 was completed over the phone for this client. We had to complain to get ATOS to send their report to PIP for them to make their decision.

The system is mucked up.

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Just clocked in an 11-monther. Claimed July 13, Atos exam April 14 (only after formal complaint), claimant now told 10 more weeks for a case manager (and then, oddly, another case manager) to get papers, look at them, make a decision.

DaphneH
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Welfare Rights Adviser, Bristol City Council, Bristol

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Gail Knight - 29 May 2014 09:33 AM

Thank you Nevip

I will give it a try (no holding of breath though)

Let us know how you get on - I have someone else in the same situation - PIP claim pending DLA appeal and PIP likely to be higher when finally gets done. This claim went in in October and still not even sign of an assessment let alone a decision

Rosie W
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Welfare rights service - Northumberland County Council

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Client claimed on 9 May 2013, decision on 10 February 2014, arrears paid 26 February (and only after further chasing up). Helped him draft detailed letter of complaint. He sent copy of the response - “the Department met all timescales on your claim, therefore we would not consider a Special Payment for maladministration”.

And they sent a copy of his letter to Atos without his consent because they said Atos caused the delay. Which is bad enough in itself but one very clearly expressed ground of the complaint is their persistent failure to hold their own contracted provider to any reasonable level of performance.

Further complaint in the course of being sent.

Gail Knight
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Welfare rights - Halton Council

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DaphneH - 09 June 2014 04:04 PM
Gail Knight - 29 May 2014 09:33 AM

Thank you Nevip

I will give it a try (no holding of breath though)

Let us know how you get on - I have someone else in the same situation - PIP claim pending DLA appeal and PIP likely to be higher when finally gets done. This claim went in in October and still not even sign of an assessment let alone a decision

They offered him £50.00 £10.00 actual financial loss (phone calls he made to department) & £40.00 for undue stress.

Nothing for the delay of uprating of benefit because the transitional regs of PIP state payment 4 weeks after decison made.  There is no way forward I have looked at every avenue of special payments consolatary payments etc etc.

Currently we are not in an area which is effected as we still are a DLA area but this is going to have a massive impact on current re-assessment areas and eventually every DLA claimant with an increase in their needs will be financially effected unles the process times are sorted out.

A recent complaint to ATOS resulted in a response as follows

” Unfortunately, there are currently some delays within the overall DWP PIP claims process and Mr XXXXX referral to us has been affected by this. We are taking steps to reduce the delays in our part of the process while at the same time continuing to focus on providing high quality, fair and accurate assessments for the DWP. This action includes the recruitment of additional staff to increase capacity and improve our level of customer service.”

The DWP have confirmed that any delays in the process will not affect the date from which customers are paid, if found to be entitled.

The 2nd paragraph is true for new claims but not for reassessments.