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Pip decision and mandatory reconsideration

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1 year 3 months ago #282530 by Caval1er
Hi All, I have just received decision letter and as expected benefits have been reduced. The decision  letter states on the first page what documentation etc they used to reach their decision. They list a letter from and occupational therapist as one source. Firstly I don't have am occupational therapist.. I have not sent them a letter from an occupational therapist. I have sent them letters from gp, psychologist and mental health therapist. In my mind (I accept im probably totally wrong) I read it and think, do I need to dispute anything other than respond that they've got their facts wrong about this one thing?!? Also, if it goes to tribunal which I know is highly likely will this incorrect information on form court in my favour as not been thorough in preparing report. Or, do they use occupational therapist interchangeably with therapist, psychologist etc? Thanks in advance for any thoughts.

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1 year 3 months ago #282548 by BIS
Hi Caval1er

If you are going to put in for a Mandatory Reconsideration to challenge the decision and you only mention this one point - your award will stay exactly the same. You want to focus on the questions where your points were lowered and say why you think the DWP are mistaken and what you should have scored. You cite evidence you have already submitted and answers that you told the assessor. The questions score points, not the fact that the assessor may have put the wrong name to a report or said they looked at a report that doesn't exist.

If you have to go to Appeal - you will have the same issue. The panel will judge whether the health professional was correct in allocating you the points they did for the questions. If they agree - you lose your appeal - if they disagree - you win your appeal. When they read through all the evidence, the Tribunal Panel may not be impressed if the assessor has wrongly named a report or said they looked at a report that doesn't exist, and they will weigh up the impact and decide whether or not it matters.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 3 months ago #282581 by Caval1er
Replied by Caval1er on topic Pip decision and mandatory reconsideration
Thank you for your reply. I will do a mandatorily reconsideration and answer all the questions, I just wondered whether fact the assessor had referred p a report that doest exist would be enough to stop court proceedings due to his error. I know nothing about courts, just thought they may have said if you can't even get the basics right we will refuse to look it until you do.

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1 year 3 months ago #282590 by BIS
Hi Cavaller

I understand where you were coming from, but unfortunately, it doesn't work that way. The fact is human errors happen, and they will judge whether or not it is a critical one. It's quite easy for the DWP to argue that the assessor put down the wrong name of the report - it won't necessarily make the panel think the judgements made in the PA4 were incorrect.

That's why I said in your MR you should challenge the specific questions and points - not the clerical error. The clerical errors generally have to be very severe for the DWP to hold their hands up to them, and it normally leads to a claimant having to go through another assessment - which most people want to avoid.

BIS

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