Understanding DWP PIP Mandatory Reconsideration: A Guide to Navigating the Process
The UK’s Disability Living Allowance (DLA) was replaced by the Personal Independence Payment (PIP) in 2013, a move aimed at providing targeted support to individuals with disabilities. However, navigating the PIP system can be complex, and applicants may sometimes find themselves dissatisfied with the initial decision regarding their entitlement. In such cases, the Department for Work and Pensions (DWP) offers a process called Mandatory Reconsideration.
What is a Mandatory Reconsideration?
A Mandatory Reconsideration is a formal review of the DWP’s decision regarding a PIP claim. It allows applicants to challenge an unfavorable decision and provide additional evidence or information that may have been overlooked in the initial assessment. It’s an essential step in the appeals process, and understanding how it works can be invaluable for claimants seeking to secure the PIP benefits they need.
When Should You Request a Mandatory Reconsideration?
Before pursuing a Mandatory Reconsideration, claimants should receive a letter from the DWP detailing their PIP decision. This letter outlines the reasoning behind the decision and explains the process for requesting a Mandatory Reconsideration if the claimant disagrees with the outcome.
Common reasons for requesting a Mandatory Reconsideration include:
- Inadequate Assessment: Claimants may feel that the assessment they underwent did not accurately reflect their disability or the impact it has on their daily lives.
- Overlooked Evidence: Claimants might have submitted evidence with their initial application that was not considered during the assessment.
- Medical Evidence: New medical or healthcare information becomes available after the initial decision, which could support the claimant’s case.
- Changed Circumstances: Claimants may experience a change in their health or disability status after the initial decision that affects their entitlement.
The Request Process
To initiate a Mandatory Reconsideration, claimants must follow these steps:
- Contact the DWP: Within one month of receiving the decision letter, claimants must contact the DWP to request a Mandatory Reconsideration. This can be done over the phone or in writing.
- Provide Supporting Information: When requesting the reconsideration, it’s crucial to explain why you believe the initial decision is incorrect. You should include any additional evidence that supports your case.
- Await the Outcome: After submitting your request, the DWP will review your case, taking into consideration the information you provided. This process can take some time, and claimants should be patient while waiting for a response.
- Review the Decision: The DWP will send you a Mandatory Reconsideration Notice, which will outline their new decision. If the decision is favorable, you will receive the PIP benefits you are entitled to. If it remains unfavorable, you can proceed to the appeals process.
The Appeals Process
If your Mandatory Reconsideration is unsuccessful, you have the option to appeal to the independent tribunal system. This step allows you to present your case in front of an independent panel. Legal representation can be beneficial at this stage, as the process becomes more formal and adversarial.
Understanding the PIP Mandatory Reconsideration process is crucial for claimants seeking to secure the benefits they need to support their disabilities. While it may seem like a challenging and lengthy process, it offers an opportunity to challenge unfavorable decisions and provide additional evidence that can make a substantial difference. By knowing when and how to request a Mandatory Reconsideration, claimants can navigate the system more effectively and work toward obtaining the support they require.
According to DWP as per a telephone conversation today they do not have the option to appeal the decision online even though I said I would write an article and cite the website proving them wrong.
This is their strategy to act dumb so that people do not bother. For the convenience of our readers, I have also embedded the PDF of the ‘Mandatory Reconsideration Form CRMR1 01/18.
However, the email on the form is either incorrect or there is an error as all (8) emails I sent to them have bounced. If it is true from the agent yesterday that said they do not do online mandatory reconsideration, they are not eco-friendly, do not care about carbon emissions, and do not care about the planet or people with mental health conditions.
Even after stating that I got the information online, the agent started to get agitated and patronizing asking what website I got the information from. When I replied on the Government website she did not want to talk any further and stated she had nothing else to add and wished to end the call. She was arrogant and accused me of hurting her feelings lol. Considering I have mental health issues and a short fuse, what do they expect from me?
Citations – CRMR1 01/18:
- Challenge a benefit decision (mandatory reconsideration): Eligibility – GOV.UK (www.gov.uk)
- Challenge a decision made by the Department for Work and Pensions (DWP) – GOV.UK (www.gov.uk)
- Form CRMR1 – If you disagree with a decision made by the Department for Work and Pensions (publishing.service.gov.uk)
PIP Mandatory Reconsideration Form Download
There is a time frame that one has 1 month to ask for an appeal even though I was told a letter was sent out on the 12th of October 2023 I have not had one yet at the time of this article being published.
DWP states it takes 10 working days for a letter to arrive in other words 2 weeks. I have asked for a copy of the original report to be sent out again which as you guessed is another 10 working days. (Can you see where this is going,? the timeframe to appeal would have passed – (how to save public money is all I will say).
Not trusting them as far as I could throw them I sent an email to Capita on 20/10/23 at firstname.lastname@example.org after much deliberation the woman I spoke to with a South African accent contradicted herself and first said DWP had NOT had any documentation from me but then changed her tune and said they did receive a letter albeit not sure if it was the (44 pages), I sent them as I sent two. So I am now confused did they receive my 44-page letter or not?
She continued to say they do not do online appeals.
I also sent (8) emails to DWP: email@example.com and (2) to Capita: firstname.lastname@example.org (no doubt there will be a third). I will be amazed if they fail to do a reconsideration, based on the evidence I have sent them. It very much looks like I may have to contact Capita again.
I will continue until my voice is heard.
What I plan on doing if I keep hitting a brick wall is a press release and notifying OCD & Mind Charities CEOs, plus Sir Charles Walker (who suffers from OCD and is an MP).
“I may not be able to do things of an abled body person and just because I have mental and neurological disorders does not make me stupid”. According to DWP because I am an editor of this site I cannot have mental health problems, which aligns with them stigmatizing that someone with mental health disorders cannot be intellectual.”, this is called ‘DISCRIMINATION’!
HMCTS Access -Tribunal Registration
A Personal Independence Payment (PIP) tribunal serves as a vital component of the United Kingdom’s disability system, offering individuals the opportunity to challenge decisions made by the Department for Work and Pensions regarding their eligibility for PIP benefits. These tribunals are independent bodies tasked with reviewing and reassessing PIP claims, and they play a crucial role in ensuring that individuals receive the support they genuinely require.
The PIP tribunal process is designed to be impartial and transparent. Claimants who believe their initial PIP application was unfairly denied or their benefit award insufficient can request an appeal. This appeal is typically heard by a panel consisting of a legally qualified chairperson and a healthcare professional, both of whom are independent of the initial decision-making process.
During the tribunal, claimants have the opportunity to present their case, provide medical evidence, and share their experiences to demonstrate how their disability or health condition affects their daily life and functionality. The panel carefully considers all the information presented, with a focus on assessing the claimant’s eligibility based on the criteria set out in PIP regulations.
The PIP tribunal process is crucial in ensuring that individuals receive the support they need to manage their disabilities or health conditions effectively. It embodies the principles of fairness and justice, enabling claimants to have their cases reviewed by an impartial body, ultimately contributing to a more equitable and compassionate system.
Personal Experience – I am now citing:
- Emotional Distress: This assessment has caused me emotional distress.
- Health Deterioration & Repercussions: My mental health has deteriorated since the phone assessment, all of which I document online and in my letter.
- Medical Records: The assessor did not do her research properly and did not know when I was diagnosed with the disorders, (even though she claimed to have access to my medical records),. She also did not know what a certain medication was ‘Solpadol’ and asked me to clarify.
- Distress: The assessor caused me distress by talking about self-harm, which I have documented online and in the letter. (I asked her to stop as I did not want to have negative thoughts, but she persisted, I told her not to plant seeds and I did not want to think negatively).
- Humiliation: The assessor humiliated me by talking about my hygiene (This is a very personal and often taboo topic of discussion).
- Phone Recording: According to ‘Capita’ an audio phone recording is being sent out to me, even though I was not notified the call was being recorded (this is again GDPR and is against the law).
- Discrimination: DWP discriminated against someone who has mental health and neurological issues (which is against the law). DWP has assumed that because I have mental and neurological disorders I am capable of doing things of an able-bodied person...On the contrary, I have to disinfect everything around me, I cannot deal with people in the physical realm without being two meters apart.
- Assessment Report: I should have had 26 points on my assessment (cited in the letter). To this date at the time of this publication, I have not had a report from the DWP/PIP and do not know what they have written, I am second guessing as my PIP has stopped.
- Retraining: I wish the assessor to be reprimanded and retrained about dealing with people with mental health and neurological disorders.
- Data Protection: sensitive data has been sent by 2nd class Royal Mail and has gone missing and DWP has a blasé attitude (oh well, we will just send you copies) with no real concern that that information could have got into the wrong hands.
Data Protection – Sensitive Data
EMOTIONAL DISTRESS & DISCRIMINATION
I know I talk about my health publically but I do not give my full name, address, D.O.B, and National Insurance number for all of sundry to do what they please.
Sending sensitive data via Royal Mail or any postal service requires careful consideration and adherence to data protection and security protocols to ensure the information remains confidential and protected during transit. Here are some essential steps and precautions to take when sending sensitive data by Royal Mail:
- Data Encryption: If possible, encrypt the sensitive data before sending it. Encryption ensures that even if the package is intercepted, the contents will remain secure. Many encryption tools and software are available for this purpose.
- Choose a Secure Envelope or Packaging: Use a plain, tamper-evident envelope or packaging for the sensitive data. Avoid using envelopes that might indicate the content, like ones labeled with “Confidential.” You can purchase secure mailing envelopes designed to protect sensitive documents.
- Registered or Special Delivery: Consider sending the data via Royal Mail’s “Special Delivery” service. This service offers to track, guarantees next-day delivery, and includes compensation cover. Registered post is also a secure option.
- Double-check the Address: Ensure the recipient’s address is correct and complete to avoid any misdirection or loss.
- Do Not Disclose Sensitive Content in the Address Line: Do not write sensitive details in the address line, such as the nature of the content or any reference to the data being sensitive.
- Use Security Features: Some secure envelopes have security features like hidden patterns that show evidence of tampering. You can use such envelopes to enhance security.
- Keep a Record: Make a record of what you’re sending, including a detailed list of enclosed documents. This will be helpful if any issues arise.
- Take Photographs: Take a photo of the package before sealing it. This can serve as evidence if you need to prove the condition of the package when it was sent.
- Insurance: Consider insuring the package, especially if the data is of high value.
- Avoid Weekend or Holiday Deliveries: Try to avoid sending sensitive data on a Friday or before a public holiday. This reduces the time the package spends in transit over the weekend or during holiday periods.
- Secure Drop-off: If possible, drop off the package directly at a Royal Mail branch rather than relying on collection services or street mailboxes.
- Track the Delivery: If you’re using a service with tracking, monitor the progress of the delivery online to ensure it reaches its destination safely.
- Recipient Verification: Communicate with the recipient to ensure they are available to receive the package or confirm that the address is correct.
- Document Retention: Keep a copy of all relevant documentation, including receipts and tracking information, in case you need to prove that you sent the package.
By following these precautions and using secure packaging and services, you can reduce the risk associated with sending sensitive data via Royal Mail. Remember that data protection regulations, such as the General Data Protection Regulation (GDPR), may impose specific requirements on how you handle and transfer sensitive personal data. Always consider legal and regulatory obligations when sending sensitive information.
The woman I spoke to today had an accent and I could barely understand her. She agreed to speak slowly. At first, she seemed empathetic but as the call continued she started talking over me, she was trying to silence what I was saying and made out I did not know what I was talking about. It got to the stage where she contradicted herself and later admitted that DWP received a letter albeit which one remains to be seen as I sent two plus 8 emails to DWP and 2 to Capita. I will be sending my third to ‘Capita’ shortly.
EMOTIONAL DISTRESS, DISCRIMINATION & DATA COMPROMISE
Experiencing discrimination, humiliation, data compromise, and emotional distress at the hands of the Department for Work and Pensions (DWP) in the context of Personal Independence Payment (PIP) can be deeply distressing. If you find yourself in such a situation, it is crucial to take the following steps to address the issue and seek resolution:
- Document Everything: Begin by meticulously documenting each incident, including dates, times, locations, individuals involved, and the nature of the discrimination, humiliation, data compromise, and emotional distress you experienced. This record will be valuable when reporting the issue and seeking support.
- Contact the DWP: Reach out to the DWP as soon as possible to report the problem. You can contact their customer service helpline or local office. Clearly and concisely explain the situation, providing details from your documentation. Request an investigation into your concerns.
- Seek Support: Consider contacting advocacy groups or organizations that specialize in disability rights and discrimination issues. They can provide guidance and support throughout the process.
- Request a Review or Reconsideration: If your issue is related to PIP eligibility or assessment, you may need to request a Mandatory Reconsideration, as explained in a previous article. This is a formal process that allows you to challenge an unfavorable decision.
- File a Complaint: If your concerns are not adequately addressed through the DWP’s customer service, you can submit a formal complaint. The DWP should have a complaints procedure in place. Make sure to follow this procedure carefully.
- Involve a Legal Advisor: If the situation persists and your complaints are not resolved, it may be necessary to involve a legal advisor or solicitor who specializes in discrimination and disability law. They can help you explore legal remedies and represent your interests.
- Engage with Regulatory Bodies: In the UK, you can also reach out to regulatory bodies such as the Information Commissioner’s Office (ICO) if your data has been compromised. They can investigate data protection breaches and enforce penalties if necessary.
- Mental Health Support: Do not hesitate to seek mental health support if you have endured emotional distress as a result of these experiences. Speak to your healthcare provider or a mental health professional for guidance and assistance.
Remember that discrimination, humiliation, data compromise, and emotional distress are not acceptable, and individuals have rights and legal protections in such cases. Pursuing a resolution can help address the immediate issues and may also contribute to systemic improvements in how such matters are handled by government agencies like the DWP.
This is opening a can of worms as I will also throw my GP into the limelight for negligence. If these entities have no regard for one’s mental health they should not be surprised that people’s health does not deteriorate.
#dwp #pip #personalindependancepayments #emotionaldistress #discrimination #disabilitydiscrimination #humiliation #degrating #selfharm #suicide #gdpr #dataprotection
EMOTIONAL DISTRESS & DISCRIMINATION
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