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Thread: A strange update on my case for you all. Very strange!

  1. #1

    A strange update on my case for you all. Very strange!

    Bare with me on the long post, because this is very unusual and I hope it gives hope to others.

    Ok, so some of you may remember that I was reassessed just before Christmas and the HP missed off a few descriptors, but I assumed because I provided evidence of moving to a adapted property at the time of the assessment and also assisted living happened to call me whilst she was there, that I would still get some entitlement!

    Well, in the end even with all the evidence provided of me moving, medical reports from my specialist confirming my Oesophageal motility issues and issues with carrying out daily living because of my attacks, she awarded me nothing! That's right, nothing and didn't factor into anything I had told her and she wrote a fictitious report - I was shocked and appalled!

    I appealed and provided all the evidence again, this time sending letters directly to the DWP and this was with me moving within a weeks time to my new property provided by the council. I wrote a huge letter pointed out and challenging every descriptor she had failed me on and provided evidence to the contrary. Mandatory reconsideration was done in less than a week and came back straight away with a flat out 'no.' I couldn't believe it!

    I couldn't find it in myself to fight it any further even though my wife was adamant I should, and I resigned myself to losing my entitlement. My wife wrote a further letter once we had moved in and wrote a list of the adaptations the house had, the number for the OT team at our council who had provided the house and she even said at the end of the letter that they could come round themselves and see the adaptions to the house. They could see I have rails everywhere, a stair lift and a level access shower. I told her it was pointless and they wouldn't consider it again after they already had done the MR!

    Yesterday, my wife checked our account as she always does and found over £500 in there from PIP - we were confused, but being honest people, we called them up to tell them of their mistake. They informed me, that they had looked at it for a third time after my wife's letter and had awarded me advanced living and advanced mobility! More than I had last time.
    I can't quite get my head round all this and it doesn't seem real. I don't understand that even with all the evidence I provided they still refused it and then suddenly change it again. I have never heard of this happening before; my understanding is that if you go to appeal, they will look at it again, but we didn't go to appeal.

    I hope this post gives people hope.

  2. #2
    Senior Member Scotty1's Avatar
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    Thats great news cookmysock, well done to the mrs do you know how long the awards for

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    To me this sounds very much like one decision maker not agreeing with the previous one.
    Each decision maker is given wide powers as to how he/she views each claim.

    This is the way the Civil Service actually works. It is all down to what decision maker you get and how they are feeling on the day.
    Not very scientific I know but that is how it is.

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    Now that's what I call a result ! Never, never, never give up ��

  5. #5
    Quote Originally Posted by Oldestrocker View Post
    To me this sounds very much like one decision maker not agreeing with the previous one.
    Each decision maker is given wide powers as to how he/she views each claim.

    This is the way the Civil Service actually works. It is all down to what decision maker you get and how they are feeling on the day.
    Not very scientific I know but that is how it is.
    I agree and I said as much to my wife. There doesn't seem to be set guidelines and it all seems to depend on how the person is feeling and if they're feeling generous - it's outrageous. What I don't understand is how they can tell me after a mandatory reconsideration It's a no, and then change it again. Why would a third decision maker even look at it?

    I've been awarded until the 6/2018

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    Quote Originally Posted by cookmysock View Post
    I agree and I said as much to my wife. There doesn't seem to be set guidelines and it all seems to depend on how the person is feeling and if they're feeling generous - it's outrageous. What I don't understand is how they can tell me after a mandatory reconsideration It's a no, and then change it again. Why would a third decision maker even look at it?

    I've been awarded until the 6/2018
    Without wanting to spoil your good news - you will have to go through the whole process again in just 16 months time.

    Buster

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    Quote Originally Posted by cookmysock View Post
    I agree and I said as much to my wife. There doesn't seem to be set guidelines and it all seems to depend on how the person is feeling and if they're feeling generous - it's outrageous. What I don't understand is how they can tell me after a mandatory reconsideration It's a no, and then change it again. Why would a third decision maker even look at it?

    I've been awarded until the 6/2018
    Hi
    Might your wife be in for a nice meal and a large bouquet?
    To answer your question about how they can change their mind; one of 4 reasons could apply and I think the first one is more likely.

    (i.) Someone with a bit more intelligence than an amoeba has looked at your wife's letter and your claim form and realised that the imbeciles who refused it were clearly out of their depth.

    (ii.) If your claim had gone to tribunal someone has realised they would have got hammered by the tribunal judge..

    (iii.) The government set a target for the Assessment Provider (AP) whether it be Atos, Capita or Maximus regarding basic standards in relation to assessments and decision making, they are at present achieving a disgracefull 13 percent; that means that they are missing government targets by a huge 87 percent.

    (iiii) When staff are leaving in droves as is happening now with the APs, the only way to fill the gaps is to lower the entrance criteria and offer higher wages than what the NHS or private companies pay. You will then attract all the dross and barrel scraping knuckle dragging morons others were trying to rid themselves of.

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    Sometimes it takes a woman's touch x

  9. #9
    Senior Member nukecad's Avatar
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    Quote Originally Posted by cookmysock View Post
    I agree and I said as much to my wife. There doesn't seem to be set guidelines and it all seems to depend on how the person is feeling and if they're feeling generous - it's outrageous. What I don't understand is how they can tell me after a mandatory reconsideration It's a no, and then change it again. Why would a third decision maker even look at it?

    I've been awarded until the 6/2018
    I have come to believe that they do not even look at the case again at MR.
    It seems as if they just read what the previous DM said and if there are no glaring errors they rubber stamp it.
    It's seem only when you ask again, usually in the form of an appeal that they actualy look at your evidence again.

    And yes there are DM guidelines, thousands and thousands of pages worth.
    It would take you a month just to read them all, never mind understand them.
    Decision Makers Guides
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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    Quote Originally Posted by nukecad View Post
    I have come to believe that they do not even look at the case again at MR.
    It seems as if they just read what the previous DM said and if there are no glaring errors they rubber stamp it.
    It's seem only when you ask again, usually in the form of an appeal that they actualy look at your evidence again.

    And yes there are DM guidelines, thousands and thousands of pages worth.
    It would take you a month just to read them all, never mind understand them.
    Decision Makers Guides
    Yes there are guidelines, but when a decision maker takes over a case to decide upon, he/she is given an enormous amount of freedom in how they come to their decision based on the principle of ' on the balance of probabilities'

    Everyone has an opinion based on the same facts and those opinions can vary enormously. Hence why there can never be a set rule as to who should or should not be awarded. It's called discretion.

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