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The reconsideration process for PIP - a farce

disgustedofbridport
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Dorchester CAB

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Today, I had a very interesting conversation with someone from a PIP “Case Management” Team. The client has been turned down at the Mandatory Reconsideration stage and at reconsideration on appeal. I sent a 7-page submission for the appeal, which has had no impact. There are some not especially good medical letters with the claim. For my submission on appeal, I concentrated on the dreadful report of the Atos PIP assessor: I highlighted places where she had jumped to conclusions which were not supported by the evidence (even with her distorted reporting of what the client had supposedly said), and I kept referring to the Upper Tribunal decision CDLA/2235/2009, which said “If… the stated reason is acceptance of a medical opinion which is couched in language reflecting the statutory test, a tribunal will need to be alert to anything which suggests that the medical practitioner may have misinterpreted or misapplied the statutory test. Otherwise the tribunal risks adopting his error of law so that it vitiates their own reasoning.” ie. the DWP decision makers are supposed to know the law and should investigate what the law actually says, rather than just rubber-stamping the assessor’s decision.

This was my case note from today, 25 January 2016:

“Call back today from——- at——Benefits Centre. He was honest and some of what he said was off the record, but he said there are no decision makers for PIP anymore, they are the “Case Management” team. He said that he and his colleagues cannot change any medical advice from Atos - if the assessor says this or that particular descriptor, they cannot disagree, unless Atos agree to change it. This is significant, because in this case as in others, the choices of descriptors are self-evidently wrong based on the law, and yet it is the Atos assessors whose decision prevails, even though they have no training in the law. If we send in new medical evidence, Atos have to say that that means the decision can be changed. If we only write a submission letter (without a new medical letter) in which we cite PIP Reg.s and case law that clearly shows that from the evidence obtained the choice of descriptors is wrong, the decision will never get changed, which means that our submission letters, except as something for a tribunal to see, are useless. I said that the reconsideration process for PIP is a farce and he said - stressing the off-the-record nature of this part of the conversation - that he agrees, it is.”

disgustedofbridport
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Dorchester CAB

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Oh, and if anyone missed it, the recent National Audit Office report on value for money from PIP/ESA medical assessments said that only 13%, yes, thirteen percent, of assessments met the required quality standards. So 6 out of 7 of the medicals they do are inadequate. I know what you’re all thinking: we know! But it’s nice to hear it from somewhere else.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Twas ever thus… I’m still waiting for the promised wheel of fortune at Bootle.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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So, they appear to be saying that the assessors’ recommendations are binding civil servants decision making as a matter of course and the individual circumstances of the case are irrelevant.  If so, then it’s a blanket policy and is unlawful.  Furthermore, it’s in breach of the civil service code.  I’d bet, that if pressed senior managers would deny the existence of such a policy.  Noises at the time adjudication officers, independent of the Secretary of State, were abolished were not so hollow after all.

[ Edited: 26 Jan 2016 at 01:11 pm by nevip ]
nevip
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Welfare rights adviser - Sefton Council, Liverpool

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So Mr Goodfellow, you are a mysterious elf eh!  A “merry wanderer of the night”.  Pray thee sir, what mischief art thou making now?

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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Andyp4 - 26 January 2016 02:05 PM

I’ve actually/even had 2 or 3 cases (erm in South Somerset, may be its the post codes) in which the HP has actually/even supported our client’s case for PIP, and the DM/CM has actually/even over ruled them, and taken points away, beginning to feel victimised!

I’ve had a few of those, where the case manager does not accept the findings of the assessor. At least it shows s/he’s read the report.

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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^as above. quite a few of these recently actually. particularly where assessor has picked a higher scoring descriptor and the DM has knocked it down to 2 pts for aids/appliances

Den DANES
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DIAL Lowestoft and Waveney

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The knocking down of points from assistance to aids level is something that we have raised here in Suffolk as part of the response to the Consultation on Aids and Appliances for PIP. There have been many cases right from the beginning of PIP where points have been given for aids when really the claimant should have got a higher scoring descriptor for assistance required BUT because the lower score still lead to an award it wasn’t then challenged. We can imagine a significant increase in recons and appeals if the regs are changed and aids points reduced or removed, as it will become essential to challenge these decisions.

zoeycorker
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Welfare Rights Unit - Leeds City Council

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Maybe I’ve just been lucky with the majority of my clients assessments…on the whole they’ve been fairly accurately represented apart from the one in Doncaster who claimed that there were no mental health issues with the claimant despite her being on limited medication due to suicidal tendencies…unfortunately this client was so severely depressed that she couldnt even deal with a recon or appeal…but more recently the PIP case managent team up in the yorkshire area have been very open to the challenge of an assessors report where just one descriptor makes all the difference…points were awarded in most areas but just missing out on the 8 points needed…no points were awarded for engaging with other people face to face despite the claimants clear distress during the assessment.
The PIP people asked me to write in with my ‘version of events’ to support the claim and have now asked the client to provide a GP letter…so am hopeful we can get this changed at MR stage.

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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By way of example - the PA5 or (PASS?)

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