This article will take a look at what to do when you think your PIP assessor has lied with regards to your case and information as well as what are the possible ways for the assessor to miscommunicate your information to the Department for Work and Pension. The article will also provide an overall introduction to the PIP.
Your PIP Assessor Lied – What To Do?
If your PIP assessor has lied about your medical assessment then here is what you should and should not do:
- Request For A Mandatory Reconsideration
- Apply Again
- Do Not Present Evidence Against Your Assessor – It Could Backfire
Let us take a look at these in detail!
Request For A Mandatory Reconsideration
If you think your PIP assessor has lied then the best thing you can do is request for a mandatory reconsideration. This is a professional and mature way to respond to an upsetting situation where everyone is dealt with in a respectful manner with the strong belief that the truth will eventually come out.
What Does Mandatory Reconsideration Mean?
Mandatory reconsideration refers to when you disagree with the decision over your Personal Independence Pay made by the Department for Work and Pension.
This usually occurs because of the following reasons:
- You strongly believe that the decision makers missed out important information or made a significant error that affected the decision with regards to your PIP benefits.
- You disagree with the decision because of the reasoning behind it.
- You want to have the decision looked at again.
In the above cases, you are legally allowed to file for mandatory reconsideration. However, it must be noted that the mandatory reconsideration can be done only within a month of the decision reaching you or being made.
Mandatory Reconsideration – Where Does It Apply?
Mandatory reconsideration applies to the following areas:
- Attendance Allowance
- Bereavement Allowance
- Carer’s Allowance
- Carer’s Credit
- child maintenance (sometimes known as ‘child support’)
- Compensation Recovery Scheme (including NHS recovery claims)
- Diffuse Mesothelioma Payment Scheme
- Disability Living Allowance
- Employment and Support Allowance (ESA)
- Funeral Expenses Payment
- Income Support
- Industrial Injuries Disablement Benefit
- Jobseeker’s Allowance (JSA)
- Maternity Allowance
- Pension Credit
- Personal Independence Payment (PIP)
- Sure Start Maternity Grant
- Universal Credit (including advance payments)
- Winter Fuel Payment
However, there are some conditions or areas where it does not apply that include Child Benefit, Tax-Free Childcare and 30 hours free childcare, Guardian’s Allowance, tax credits, Housing Benefit and Vaccine Damage Payment – these involve a different process.
How to ask for mandatory reconsideration
Contact the benefits office that gave you the decision. You can contact them:
- by phone
- by letter
- by filling in and returning a form
- The contact details are on your decision letter.
You need to ask for mandatory reconsideration within one month of the date on your decision letter. If you’re writing, the letter or form must arrive by then.
If you do not have your decision letter, contact the office where you applied for the benefit.
Only recently have PIP applicants been allowed to apply again if they think they are now eligible for PIP as compared to a time in the past.
Sometimes it is better to take a fresh start than to get back into the relationship and try again knowing you are likely to fail yet another time! The same applies to PIP! In many cases it will be difficult to prove that your PIP assessor lied or deceived the panel who took the decision regarding your case. This is because it is impossible to prove someone lied; however you can claim that they provided inaccurate information.
Hence it is better to apply again and be very careful that you provide information in such a manner that if the PIP assessor does lie, you can prove it very easily when you go for mandatory reconsideration.
Do Not Present Evidence Against Your Assessor – It Could Backfire
Sometimes trying to do the right thing or exposing someone’s lies could backfire – the world is not fair and it shows. There have been many incidents where people successfully collected evidence to show how they were being cheated or their case was jeopardized and they did not receive PIP benefits but this only backfired. Why?
People often do not understand how the law works. Even if you can prove someone has lied, cheated or deceived someone you may get into trouble for how you collected that information. Thus, it would be very dangerous if you called up the DWP and told them you had caught your assessor lying because you taped her collecting obvious information that was not included in the assessment information or you had recorded the session where you were examined.
Why Do Assessors Make Mistakes (Or Lie)?
There are a number of reasons why an assessor may not provide the correct information to the DWP panel:
- They do not fully understand the condition you have
- They are careless in the assessment
- They simply do not care
- They are not fully trained to carry out the assessment
- They do not recognize the significance of their role – take it easy
There could be many reasons why such cases arise where people eventually claim that the assessor lied or made a mistake!
Here are some claims that PIP applicants make against PIP assessors:
- They are untrained
- They get a bonus for every applicant declined
- They do not understand our condition or disease
- They do not put in the effort
Nonetheless, the best way to go about this matter is to either apply again or request for a mandatory reconsideration. In case you suspect fraud, deception or any illegal activity going on then a legal professional should be involved so that the matter can be taken care of in an effective but safe manner where your interests are not compromised.
What Is PIP?
PIP stands for Personal Independence Pay that is a non-taxable benefit which can be availed by people who suffer from a long term condition or injury that affects their daily life activities and mobility.
This means they cannot walk properly or carry out simple or basic tasks such as eating properly or doing simple well being tasks like taking a bath. This benefit is given to people not based on the condition itself but the way it affects the person and their life activities.
It takes quite some time because of the information the concerned department has to process with regards to your case. In this case, the concerned department is the Department for Work and Pensions (DWP) which will make a decision after you have completed your medical assessment and have sent in other relevant documents such as your claims and the notes made by the health professional during or with regards to your medical assessment.
Thus, the following 3 sources of information are taking into consideration:
- Your Claim
- Your Medical Assessment
- Health Professionals Comments
To process all this information and make a decision, the DWP takes about 12 weeks to get back to you!
To avail PIP you need to be checked by a health professional and undergo some sort of medical assessment as well as fill a form. This assessment has two components to it that affect what you get. These two components are:
- Daily Living Part: The weekly rate for the daily living part of PIP is either £60.00 or £89.60.
- Mobility Part: The weekly rate for the mobility part of PIP is either £23.70 or £62.55.
- Terminal Illness: You’ll get the higher daily living part if you’re not expected to live more than 6 months. The rate of the mobility part depends on your needs.
What you get depends not on the illness but the extent to how much it affects you. It is observed whether or not you are affected by this illness and if so how much; are you able to perform daily tasks or not and can you move from one place easily or not.
This article took a look at why PIP assessors may lie and what a PIP applicant does in such a situation as well as what they should not do. Furthermore, the article highlighted how one can apply for mandatory reconsideration and what it is and when it can be considered to try again for PIP benefits. Finally, the article looked at what PIP is and the process one needs to go through.