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Award removed but condition deteriorated

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1 month 1 week ago #295430 by Jorvick88
Replied by Jorvick88 on topic Award removed but condition deteriorated
Hello John!

I gave the DWP a quick call, and asked them to note that we had not received the Assessment Report (PA4 I gather it is called), so we are thus compromised on the DWP Mandatory Reconsideration ("MR"), as we don't have the very document we need to challenge.

That's if it is indeed what has led to the recent flawed DWP Decision to deduct over 20 points from the PIP Daily Living for no obvious reason that we can see. Leaving under 5 points, and so no Award for that crucial support.

I also asked them to check if the PA4 has been sent, because we asked for it well over two weeks ago. You can probably guess what they said...

Yes, the chap said it had yet to be actioned!

He did say that they have 15 weeks to provide an MR, once requested, and he advised that provided we get a basic MR in by the Deadline, then we can add the extra material once we get sight of the PA4.

Needless to say, I Recorded that call, and got the character's name for posterity.

Like you, I suspect we may well get a competently drafted PA4, as it wasn't the Assessor's first Rodeo, and they had some trainee sat in on the call.

So, a Padawan was presumably being trained by a Sith Master!

However, I am also expecting the Sith Master Assessor will have deviated from the facts somewhat, whilst over-stating tenuous adverse responses, whilst being deaf, dumb and blind to positive facts that flatly didn't help the quest to deduct points.

At least we have our own Recoding, and also now a very detailed Transcription of that, which has taken the family days to get spot on (so proof read by many people to help catch everything).

I could go in hard with the MR by the Deadline anyway, as the Recorded responses already support the two prior existing PIP Awards, such that the Assessment, what ever it says, will be plainly be wrong if it has drawn any other conclusion.

But, as I say, I'm drafting that for the Tribunal, not for the MR.

I'm expecting the MR itself will be the apparently usual cut and paste standard response nonsense, although the DWP may sit up a bit upon sight of a well crafted MR that is clearly going straight to Appeal if the DWP don't pull a digit out and cease playing games.

Best of luck, I will pitch in and comment if I can spot anything in our own battle if it may help yours.

I do not yet have a Thread, as I am somewhat cautious about giving the enemy a heads up. But I may well create one, as I will be very careful not to easily ID who I am helping.

Jorvick88

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3 weeks 3 days ago #295914 by John
Replied by John on topic Award removed but condition deteriorated
Just to providce an update on this case, and to possibly give others hope, the decision came back, and the DWP have shocked me by giving standard daily living and enhanced mobility, where the assessor only recommended the latter.

Granted, they woouldn't have had a leg to stand on as this was a change of circumstance review with worsening conditions reported, but it's still astonishing to have our first good experience with the DWP in five years of being awarded PIP.

That said, I am going to put in a MR anyway as the daily living portion scored 11 points, and there are four activities that were scored too low.

Thanks for all the help and advice on here!
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3 weeks 3 days ago #295927 by BIS
Hi John

Glad to hear that you had a positive outcome on part of your award. Good luck with your MR.

BIS

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