Manditory reconsideration pip - Fibromyalgia Acti...

Fibromyalgia Action UK

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Manditory reconsideration pip

Westiebabe profile image
48 Replies

Anyone done this? As I put previously I was refused mobility part so my car has to go back Feb 7 th and last pyt is jan 17, I'm waiting for the assessment report to look at , how long will that take? Then ask for reconsideration but can't do this in three weeks when I don't even have the report so whatever I do I'm still going to lose my car! Just doesn't seem fair. If I get it then I will have to start again with another car plus the deposit etc I intended keeping this one for four years like my last one and spent extra putting extras on it , all because dwp decided I could walk 50 metres, they should see me today in agony and can't walk at all !

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Westiebabe profile image
Westiebabe
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48 Replies
BlueMermaid3 profile image
BlueMermaid3

Hi there

Unfortunately our Benefits Adviser Janet is away until 6/2/17.

Your best bet would be to contact your local CAB for some professional advice.

Either that or try to find yourself a Disability Advocate on the Internet.

I am so sorry that I am unable to help you further than this.

Wishing you much peace

Lu xx

BlueMermaid3 profile image
BlueMermaid3 in reply to BlueMermaid3

My sincerest apologies our Benefits Adviser Janet is back as of today.

If you'd like her details please let me know.

Lu x

May be if you had of kept them updated over the last few years with hospitial appointments All you had to do was to posted in your hospitial and Docter letters Ufortuantly you must keep them informed that you cant walk more than 50 meters Just saying it is no good you must have medical back up Good luck

rubycheshire profile image
rubycheshire in reply to

Keeping them updated means nothing to PIP unfortunately. I am going through the same scenario at this very point in time and have all reports up to date. When I challenged my outcome of losing my car and like Westiebabe have had a miraculous recovery, I found that in the largest majority of cases, mine included, they don't even bother reading them as "they don't have the time"!!! I truly hope this lot sorts itself out very soon as I feel so sorry for anyone going through it.

in reply to rubycheshire

Well I spoke to them last week and all my letters and in for Marion was all to hand on there Computor every letter was there I'm apealling and I know they are looking at my case becuase they told me 5 days ago by law they have to look so you are wrong on that count

in reply to

well that is not wrong I have a person in the know and yes they have to tell you they look into every single peice of paperwork but yeah.....believe what you want to believe but I am having my tribunal hearing in 4 weeks time and I needed some info from them last week and they couldn't even find me in the system!!

in reply to

Well that's totally wrong I guss Iv just been lucky then , I am waiting a decision my self

Brucer2244 profile image
Brucer2244 in reply to

Doesn't make any difference in my case they chose to take the word of the nurse assessor over that of letters from Hospital Consultants and my GP!

in reply to Brucer2244

I'm really sorry to hear that but surly as most of us the illness of Fibromygia gets worse not better I no mine started in my big toe now it's all over my body and getting worse I'm sorry it's seems you are being treated unfiarly

in reply to

Sorry I hate to say it but that's not true.

I'm the second in command to the benefits advisor in my fibro group and I can categorically state you do not have to do that. Continually sending them appointment letters is not necessary and a waste of time and money.

What you need is to send them when they ask for them i.e. At re assessment time. I have no medical back up letters to say I'm in constant pain when I'm walking but my Enhanced Mobility award was made on the grounds that I had medical evidence from a year ago stating that fibromyalgia causes me pain all over my body.

You don't have to constantly ring them and say you can't walk more than 50 meters- that's not how it works.

in reply to

The person siad they had lost there mobility car Therefor let's say in that three years there must of been times were the person was in pain or ILL so I believe its19 days to make an apeal So are you saying that it's three years then you have to send all your medical history in on the quick so as you can keep your car which you desperately need There must be some kind of negotiation And I don't see it being a waist of time they state in there award letter to keep them updated of change of circumstances

in reply to

Change of circumstances means things like say for example your mobility declines dramatically or your health declines dramatically or say you have to move into a care home or you start work. If your pain remains at a similar level throughout your claim then it's not necessary to phone them every so often and tell them you're still in pain.

You're also saying you should tell them what the doctor says every time you go- if that were the case I would never be off the phone! Yes if it's a major diagnosis- tell them. I was diagnosed with a personality disorder and I told them that and I also told them that I had developed hearing loss sufficient enough to require aids. I didn't tell them when the doctor told me I had a stubborn urinary infection and an ingrown toenail! Not relevant to the claim. Illness is not necessarily relevant- would you ring the DWP and tell them you had a cold and so declare a change of circumstances? Seriously?! I had a cold over Christmas so should I have rang the DWP then?!

And yes I am saying that. As that unfortunately is how the system works. If the person was hospitalised with something relevant to the claim then yes they would need to know but who is to say there's going to be a lot of evidence from over the three years?

As I said you've got utterly the wrong end of the stick as regards change of circumstances. To reiterate this to everyone- a change of circumstances is not if you go to your doctor with some kind of minor problem that's easily cleared up. A change of circumstances is something that could significantly effect your claim.

in reply to

Well I see you certantly no your stuff I'm only really exspessing of what I have done and been successfull to some degree I'm sorry to hear you've been poorly I myself had 2 ingrowing toe nails purly becuase I can't feel my feet apart from numbness and pain I suffer from Fibromygia, Assma, restless legs and Tinatass But I still try to positive and happy With regard to PIP Iv found them very helpful maybe Iv been lucky I guess

in reply to

Unfortunately because of some of the absolute horror stories I've come across in the course of my role I've found that it's those most in need that they fail most heavily which makes me really cross. I do get cross when it comes to PIP, they make me utterly furious. I've also found you need to know how to play their game so to speak- something I've learned too. Not one approach fits all which makes me cross too- I suppose they do this to stop people getting wise to the system and winning!

In growing toenails are nasty that's very true- mine got infected and took three courses of antibiotics plus antibiotic cream to shift!

in reply to

we are lucky to have you here Iv made some good friends here But I speak to them PM I do keep fairly active on here to but iv got a habit of saying the wrong thing sometimes

TheAuthor profile image
TheAuthor

Hi Westiebabe

I am so genuinely sorry to read this my friend, and I sincerely hope that you can find some resolution to this issue. I have pasted for you below a link to the CAB cache entitled: Challenging a PIP decision - mandatory reconsideration, so I truly hope that you find this useful my friend:

citizensadvice.org.uk/benef...

Also, just to point out the FMA UK benefit adviser (Janet) is now back in the office and I have pasted her contact details below:

Benefits Helpline (033 999 0055)

I want to sincerely wish you all the best of luck, and please take care of yourself.

All my hopes and dreams for you

Ken

Erica50 profile image
Erica50 in reply to TheAuthor

Hi, change.org.uk is looking for signatures for a petition so that anyone who has been awarded dla indefinitely with go straight on to pip. Maybe help if we all signed, I did x

TheAuthor profile image
TheAuthor in reply to Erica50

Hi Erica50 I have signed this myself and several other that they had been running :)

Erica50 profile image
Erica50 in reply to TheAuthor

Thank you x

scottclj profile image
scottclj in reply to Erica50

I have had a look for this petition but I can't find it does it have any more names.

Chris

Hi I'm in the same position as you. Have had a Motability car for 8 years now I'm cured according to dwp and only got 4 points. My dla stopped for mobility side on 14th Dec, but I still have my car as they have yet to inform Motability !

Motability tell me not to worry and carry on using it. My mandatory tecinsuderation was submitted,along with loads of medical evidence before Christmas. I'm just waiting for the next envelope through the door. I scored 14 points for care and am hoping these won't be reduced, it's all a gamble.

Good luck with your claim

Fran

tortoise123 profile image
tortoise123

I moved from DLA to PIP and got nothing at all so my car went back, mobility let you keep it for three weeks after your payments stop (please note this), after applying for a mandatory reconsideration I waited for ages and eventually was given low rate care and enhanced rate mobility so I then applied to mobility for another car. Before you can apply you have to pay back the three weeks extra you were given and also I was given a £2000 payment when I lost my car I didn't expect to keep any of this but they let me keep £250 I am still waiting after 6 weeks for my new car so I feel that if the person who interviewed me hàd done their job right in the first place then there would not have been any hassle for anyone and no one especially DWP would have been out of pocket as must have happened now.

But I do say to you please go ahead with the mandatory reconsideration and tribunal if necessary I claimed and I know someone else who claimed and we both got PIP, good luck

Jakeboy2 profile image
Jakeboy2

I understand.as I had my car taken and I can barely walk. I went to a tribunal. Lots of people. Very upsetting. Then was told I may lose all benefit. So just left. I borrowed to keep the car. So to repay. We live on out of date junk. I am sorry but.we are a easy target. And forgotten. All I can say is God bless.

Leonwp profile image
Leonwp

It is heart braking to read your post and others where this has happened, can motability not offer the option to at least keep payments going until a decision is final and even then until the end of an agreement if the claimant agrees to pay?, surely it makes no difference to them whether the money comes direct from DWP or from claimant under these circumstances although i suppose it would mean a means tested finance application by the claimant and a new finance agreement signed. But surely they could at least offer this as an option.

shazzap12 profile image
shazzap12 in reply to Leonwp

Hi

I raised this question with Motability, as I was willing to pay the monthly cost for my car, but they said they cannot do that as they have an agreement with the DWP and this is not allowed. The only option was to purchase the car and the market rate, less wear & tear, which obviously most are not in a position to do.

Leonwp profile image
Leonwp in reply to shazzap12

Yes ive had that kind of reply from large organisations lije this before, ive frequently pointed that they need to learn the difference between "cant do" and "wont do". Then i wonder if it may be worth you looking at a low cost finance option to buy it at their price? If you have a local credit union they may consider an application that a normal finance company would not. I have had 2 loans from my local credit union for equipment i needed, one for £3,000 and when i paid that off another for £2,000, i am not employed and never will be and only receive ESA PRIORITY and PIP. Hope this may help. Blessings.

Unfortunately a lot of people are loosing out on the 20 meter rule I got enanced care and standed mobility even though 80% of the time I have to walk through the pain barrier and get short of breath I took advice from dial and they pointed out if I went to appeal there is a chance that the enanced care could have been affected too so I would get the report and take advice , it made me angry when I see my naugbur with her car walking every about carrying heavy shopping running up and down stairs taking the grandkids on the daily school run using the car as a taxi for her friends. When other are left housebound it just not a clear cut fair assessment system

Leonwp profile image
Leonwp in reply to

Ive seen all that and one that actually used it to do cheap airport runs for cash and had a daily paper round! It is so unfair.

Misslizzy profile image
Misslizzy

Keep trying .. I had a friend that nearly had car taken .. She fought it and all was reinstated .. Good luck .

Brucer2244 profile image
Brucer2244

Beware. I'm just going through this now, and seeing my local MP tomorrow in relation to Mandatory Reconsideration . In respect of The Mobility the DWP chose to use the information from the assessor , a Nurse, rather than that I provided from Hospital Consultants and my GP to downgrade my lifetime award from DLA. I too could not , after requesting the medical report, and asked them for an extension in time to submit a formal request. I even called back to ensure that they were aware of this extension . In the end they " pulled the three card trick" chose to forget about the extension and unilaterally decided to use the phone call to start the reconsideration based on the original information they had to arrive at the same decision . I again called to point out there error and was told " you must now apply to the tribunal for an appeal " and " if your not happy speak to your MP". So good luck but don't trust or rely on anything they tell you, I firmly believe it's part of the master plan to make you give up in the process of claiming that which you rightly are entitled to.

Mrsfmt profile image
Mrsfmt

Please have a look at benefitsandwork.co.uk. They go through every stage of disability benefits, including PIP. Also giving examples of mandatory reconsiderations.

Good luck. Don't give up. I know it's exhausting. Some have been turned down for the reconsideration but won their appeal. Keep going. God Bless.

determined56 profile image
determined56

I truly sympathise, I lost my car for nearly 3 myths became stranded at home.

DWP reconsidered on my original submissions not on up to date info......and withdrew my car . this was even though my full month had not passed to submit extra info. Thanks to my disability advisor we lodged our appeal and tribunal papers at the same time.

Just make it clear you only appeal on mobility exclude expressly care.

Got my car back but the stress levels where seriously affecting my health .

Persevere it is the DWP main object to take away as many mobility cars as possible, as a cost saving exercise. GOOD LUCK

Hugs to all

shazzap12 profile image
shazzap12

Hi

I have just been through this myself, and was downgraded from enhanced on both levels to standard. I use the summary of how they made their decision which is on the award notice they send, to ask for a reconsideration, and then when I got the notice of when the car must be returned I called the dwp to let them know and then call every week until the date the car was returned. Unfortunately they have no timescales, but I did get a decision 1 week after I return the car, and that was to put me back on the enhanced level for mobility but not care. I also have to start the whole process again for a new car, but am also going to appeal the decision regarding the care element.

I would really like to start a petition or something to the government, so they cannot change the decision regarding our awards until the entire appeal process is completed, as it makes this such a joke.

Lezley56 profile image
Lezley56

Try Benefits and work, they're fighting my claim, I am now having another tribunal as my last one they managed to get it thrown out and having a new tribunal thanks to this group👎

kimbles profile image
kimbles in reply to Lezley56

Hi Lezley56. How did you get benefits and work fight your claim. I a member of this site and i cannot see how to do it. thanks

Lezley56 profile image
Lezley56 in reply to kimbles

Hi I joined works and benefit, I sent an email explaining my predicament, and they have been brilliant there isn't a number to call unless they give a number to tel. It's on a no win no fee basis.

A lot of people have done the claim them selves by reading work and benefits guide.

Good luck Lesley

Also I would suggest to try Fightback. They have currently practicing specialist solicitors on their staff and they are excellent. Also FREE,

Kazz26 profile image
Kazz26 in reply to

Fightback arnt free I asked them cud they help me fill my pip form in they wanted £45 of me to fill a form in

in reply to Kazz26

They have free info. There's no need to pay them to fill the form in, they have plenty of info that you can use to fill the form in unlike benefits and work who charge you just for the info!

Kazz26 profile image
Kazz26 in reply to

Yes but what I am saying is I wanted there help to help me fill the form in and they wanted £45 to fill it in and I don't have that money when I am only on ESA so I got shelter to help me fill it in . And 4 up on fb are a good site that gives good I formation in there files but unfortunately they can't help with form filling

Leonwp profile image
Leonwp

Employment Support Allowance Priority Group is where the DWP accept that although you are under retirement age you will never be able to work due to level of disability. Hope that helps you.

Hello Westiebabe, if I had a £1 for every person who has said this is happening to them I could buy a car sales room!!! I was never given motability with my PIP even though I can walk 50 meters on the flat not uphill! If you cant beat em join em I say! I have a car with all the motability needs on a lease deal, I pay £99 month plus insurance and its mine for 36 months then buy it outright or take it back and start again. Cars sales will really suffer this year and so you should be able to negotiate a good deal with a low deposit. if you want detail PM me and I,ll tell you how I,m doing mine (not allowed to advertise on the forum) I know you wont get the money from DWP to buy one but there,s more than one way to skin a cat!

Beckh profile image
Beckh

I have also been refused the mobility part last week I got 4 of 8 points. It's the part I needed help with most as well.

I've put in for a reconsideration. My doctor is going to write another letter for me and I'm going to send them a personal letter explaining more my mobility issues. They have to receive these within 28 days of requesting the reconsideration. In the meantime I've had my PIP cut in half I'm losing £70 a week

Disheartened profile image
Disheartened

Yes I lost my full mobility as visiting assor was of opinion I can walk 50 meters I appealed and was still told no . it seems we are being wrongly assessed .how can an person claim we can walk so far with a hours visit asking and answering questions . with my anxiety and fear of going out alone due to falls and brain fog ( become lost ) as to what I meant to be doing . I couldn't face challenging them .so I gave up and accepted the reduction of benefits . I hope all goes well and you have courage to push for your entitlement to the motibility car . good luck x

Scouser58 profile image
Scouser58

Hello Westiebabe,,,get on the phone anf give them hell and explain you are waiting for them to send out the report,,,and why has it not been sent to me,,,,and ask for an extension to the time scale,,,,good luck,,,try and be strong and bare up to the stress,,,I hope you don't lose your car,,,it is a vital part of life,,,I am worried about losing mine,,going into the pip system myself,,,,ttfn from karen.

london profile image
london

Before PIP came in .. i was awarded DLA for life .. Then in March of last year .. had a PIP assement appointment ..had to wait for the out come .. When it did come .. my money was cut by quite a lot .. Cut a long story short we appealed .. and xmas just gone .. went to the tribunal.. I was a bag of nerves .. they told us we could lose all of my money .. and did i still want to carry on .. i said yes .. I told them the truth ... ..Get my results by post after a day .. and i got all my money back.. It was a long hard months .. but was worth fighting for in the end .. Good luck to every one ..

clare1977 profile image
clare1977

I have been through reconsideration and unfortunatly it was denied again. Mine was for PIp in general and i am diognosed Fibro and CFS and also severe Atheritus..It took 8 weeks for the reconsiderstion to come through and i also lost 2 points. It was a complete P take. I am now awaiting a tribunal date and have CAB involved and also my own GP who will be attending tribunal.

They dony make this process easy at all. appatently it csn be 6 months before i get my tribunal date.

Good luck

nannat76 profile image
nannat76

got awarded full care and enhaced mobility in 2016 for 3 years got a renwel form from pip abot 3 mnths ago filled it in questions were either no change eisier or harder anyway sent it off havent heard nothing not a letter phone call nothing!!!!!! well the motto no news is good news hope this is true id bee housbound without a mobility car my partner drives and i have a mobility scooter in the boot so at least i can get out and about on a low pain day maybe well god bless you all fellow fibro cfs sufferers out there im still awake my legs are burning cant sleep xx

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